Commissioner’s powers

Dear children, parents, grandparents, and others who care about respecting children’s rights

We often come across your suggestions for solving problems connected with the observance of children’s rights for which I do not have the legal mandate. This means that I do not have the authority to act on certain things. This is especially the case if the law entrusted the solution of the problem to other state bodies. Like each state body, the Commissioner for Children must follow the law in their activities, and I cannot address matters that have not been entrusted to me in terms of law. For this reason, I would like to inform you about the areas that I can address and those where my powers are limited.

When looking at the mandate of the Commissioner for Children, it is important to see how it is defined in terms of law. The mandate and competence, obligations and authorisations of the commissioner for children are defined in Act no. 176/2015 Coll. on the Commissioner for Children and the Commissioner for People with Disabilities and on changes and amendments to certain acts (hereinafter referred to as “Act on the Commissioner”).

According to the Convention on the Rights of the Child, any human being under the age of 18 is considered a child.

I. What the Commissioner for Children can address

  • Involvement in protection of children’s rights by supporting and enforcement of rights assigned to children under international treaties by which the Slovak Republic is bound.

    (Art. 2 of the Act on the Commissioner)

  • The Commissioner for Children may apply to enforce compliance with children’s rights to:

    • Public administration authorities, which for the purpose of this Act shall mean governmental agencies and local government;
    • Legal entities and natural persons, which under a special regulation intervene in rights and obligations of natural persons and legal entities in the area of public administration;
    • Legal entities and sole traders in which children are placed.

    (Art. 3 of the Act on the Commissioner)

    • Examines compliance with rights of a child, upon request or on own initiative;
    • Monitors compliance with rights of a child, in particular by independent investigation on settlement of liabilities resulting from international treaties, by which the Slovak Republic is bound, and by researches and surveys aimed at monitoring the situation and developments in the area of children’s rights;
    • Promotes children’s interests in the society;
    • Cooperates with children either directly or through organisations involved in children’s rights protection, consults with children regarding matters that concern them and examines children’s opinions and encourages their interest in public matters;
    • Encourages improving public awareness of children’s rights;
    • Cooperates with foreign and international entities involved in the exercise of children’s rights or protection of children’s rights.

    (Art. 4 of the Act on the Commissioner)

  • Commissioner for Children is authorised to

    • Request
      • Information and data for examination of respect for children’s rights and for the purpose of monitoring compliance with children’s rights;
      • Copies of files and records for examination of compliance with children’s rights including copies of documents, video records, audio records or video and audio records;
      • Action by government agencies within the scope of their authority;
      • Opinion on the results of examination of enforcement of children’s rights and opinion on the results of monitoring activities in facilities where children are placed and adoption of measures, if the examination or monitoring results in a finding of infringement upon a child’s rights or a threat thereof;
    • Talk, without presence of third persons, to a child placed in a custodial establishment, a prison, in an establishment providing protective medical treatment or protective social retraining for young offenders or in an in-patient treatment facility, reformatory home or any place where the child is submitted to execution of an imminent ruling under a special regulation;
    • Submit notifications to the UN Committee on the Rights of the Child on behalf of a child/children under the international treaty by which the Slovak Republic is bound;
    • Give opinions in cases examined;
    • Give opinions on the existing compliance with children’s rights;
    • Recommend remedial measures based on results of the examination of a complaint or the examination of enforcement of children’s rights carried out on own initiative or the results of monitoring activities;
    • Attend proceedings in accordance with general regulations on judicial proceedings;
    • Speak with a child if the child is in custody, upon agreement with the child’s counsel.

    (Art. 4 par. 2 a 4 of the Act on the Commissioner)

    Under Article 4 paragraph 3 of the Act on the Commissioner, if a child is in a Collusive Custody, the Commissioner is authorised to talk, without presence of third persons, to a child placed in a custodial establishment, a prison, in an establishment providing protective medical treatment or protective social retraining for young offenders or in an in-patient treatment facility, reformatory home or any place where the child is submitted to execution of a preliminary ruling under a special regulation.

    All activities of the Commissioner defined by law aim exclusively to enforce and monitor children’s rights and interests; that is, never the rights of a child’s parents or other legal representatives, or other persons.

    Every year, by the end of March, the Commissioner for Children is obliged to submit to the National Council a report on activities for the preceding calendar year. The report shall include mainly findings from activities of the Commissioner and proposals and recommendations for addressing identified shortcomings.

II. What the Commissioner for Children cannot address

  • The Commissioner for Children may apply to enforce compliance with children’s rights to:

    • Public administration authorities, which for the purpose of this Act shall mean governmental agencies and local government;
    • Legal entities and natural persons, which under a special regulation intervene in rights and obligations of natural persons and legal entities in the area of public administration;
    • Legal entities and sole traders where children are placed.

    (Art. 3 of the Act on the Commissioner)

  • The Commissioner for Children cannot:

    • Decide on the rights of a child;
    • Examine decisions or procedures of
      • courts (cannot examine the correctness of a court’s decision or the correctness of a court’s procedure if the party to the proceedings is not satisfied);
      • the public prosecution;
      • a policeman acting in the capacity of an investigative authority;
      • the National Council of the Slovak Republic;
      • the Government of the Slovak Republic;
      • the President of the Slovak Republic;
      • the Supreme Audit Office of the Slovak Republic;
      • the public guardian of rights;
      • the Commissioner for People with Disabilities;
      • Intelligence services;
    • Monitor the enforcement of children’s rights by the aforementioned authorities.

    (Art. 3 par. 2 of the Act on the Commissioner)

    If the Commissioner for Children receives a complaint regarding the enforcement/violation of children’s rights that the Commissioner is not authorised to act against, the Commissioner for Children will DISCARD the complaint, of which the Commissioner shall notify the Claimant, and will not take further action in such a matter.

    (Art. 3 par. 1 letter (a) of the Act on the Commissioner)

III. When the Commissioner for Children discards a complaint

    • The matter discussed in the complaint does not fall under the Commissioner’s mandate;
    • The matter referred to in the complaint
      • is already pending before the Constitutional Court or a court other than proceeding attended by the Commissioner under generally applicable regulations on judicial proceedings;
      • has already been decided by Constitutional Court or other court; this shall not apply if the Commissioner has submitted the notice to the UN Committee on the Rights of the Child within 60 days from delivery of the complaint;
      • the Claimant withdraws the complaint;
      • the Claimant ignored the Commissioner’s request and failed to supply additional or more specific information and, as a result thereof, it is impossible to continue the examination of the complaint;
      • the Claimant does not approve disclosure of any of their personal data as requested by the Commissioner.

    (Art. 22 par. 1 of the Act on the Commissioner)

    • The complaint is unsubstantiated;
    • The complaint is anonymous;
    • The matter discussed in the complaint is/has been examined by a Public Defender of Rights or by another Commissioner;
    • The complaint refers to a matter that has already been settled by the Commissioner and the repeated complaint does not contain any new facts.

    (Art. 22 par. 2 of the Act on the Commissioner)

    The Commissioner shall notify the Claimant in writing of the adjournment of the complaint and the reasons thereof; this shall not apply if the complaint is anonymous. A natural person who does not have a full legal capacity or who has been deprived of his/her legal capacity shall be notified by the Commissioner in a reasonable way of the adjournment of the complaint and the reasons thereof.

    (Art. 22 par. 3 of the Act on the Commissioner)

    • If the Commissioner finds out that
      Considering the content of the complaint, the complaint is
      • A filing under regulations governing administrative proceedings or judicial proceedings, or a constitutional complaint, then the Commissioner shall, without an undue delay, instruct the Claimant of the correct practice;
      • A report of a crime that has been committed or if the complaint indicates that a crime might have been committed, the Commissioner shall immediately forward the complaint or a part thereof to the competent authority and shall notify the Claimant of the steps taken;
      • A final decision adopted by a public authority contradicts a law or any generally binding legal regulation, then the Commissioner shall file a motion to the prosecution and shall notify the Claimant of the steps taken.

    (Art. 23 of the Act on the Commissioner)

IV. What is the outcome of the examination of a complaint

  • The outcome from the examination of a complaint on enforcement of/infringement upon children’s rights shall be presented as a written opinion delivered to

    • The Claimant;
    • The person, whose rights were examined for infringement or a threat thereof;
    • The one against whom the complaint or the Commissioner’s examination is directed.

    (Art. 24 of the Act on the Commissioner)