La dictadura militar institucional: el PRUD y el PCN

The different national reports give diverse responses to the request for evidence that special needs for children coming from different ethnic backgrounds and needs of children with disabilities have been taken into consideration in all relevant contexts and legal procedures. The reports of Cyprus, the Netherlands, Sweden and Slovenia refer to very general provisions in law, such as the constitution or the Law on the reception of asylum seekers. Furthermore, this issue is closely connected with the respect for the principle of the best interests of the child (see section D.1.2).

Under this paragraph, the majority of reports refers to the availability of translation services available for child victims of trafficking (this is e.g. the case for the reports on Bulgaria, Greece, France, Ireland, Lithuania, Luxembourg, Hungary, the Netherlands, Romania, Slovenia, Finland and the United Kingdom). Examples of other legal

326 _{Interviews with two directors of crisis centres, on 27.06.2008 and 7.07.2008.} 327_{Information source: website of UNHCR: http://www.unhcr-}

budapest.org/hungary/index.php?option=com_content&task=view&id=118&Itemid=56 (accessed on 18.06.2008).

328_{Information taken from the website: http://infovilag.hu/hir-9699-menekult-gyermekeknek-az-}

legjobb-ha.html (accessed on 19.06.2008).

329 _{The Slovakian report points out that even if these statistics would be existent, the authorities}

provisions or policies as mentioned in the national reports will be discussed in the following paragraphs.

The Austrian report makes mention of a close cooperation between International Romani Union and shelter for unaccompanied minor aliens. In the Czech republic there is an exemption for children with disabilities from the general obligation for asylum seekers to stay in the reception centre: people with disabilities will be provided with adequate housing. The report on Luxembourg points out that the unaccompanied minor is to be housed in premises that take into account his or her needs.330

The Lithuanian report states that most victims of trafficking in Lithuania are nationals of Lithuania or nationals of countries with similar social and historical background (Byelorussia, Ukraine, Moldova, etc.) and thus the latter do not have any particular special needs in comparison with Lithuanian victims. Most Lithuanians are speaking Russian language and there are no major communication problems.

On the basis of Polish law, non-citizens of Poland in the schooling age may be provided with school-based classes in the language and culture of their country of origin, provided by diplomatic or consular agencies of their country of origin acting in Poland or by cultural and educational associations of a given nationality. The school makes rooms and teaching aids available free of charge.

In Romania, asylum applicants with special needs have the right to specialised medical assistance,331 _{and will be interviewed by specialised officers, who must take into account}

‘the special situation of such persons’.332 _{A child who belongs to a national, ethnic,}

religious or linguistic minority has the right to his/her own religious and cultural life.333

In the UK, a court official appointed by a court to safeguard and protect the welfare of a child will have to take the particular circumstances of the individual child into account. Furthermore, Aiming High for Disabled Children: Better Support for families 2007334_and Working Together to Safeguard Children 2006335 _{are both government guidance that}

recognise the needs of disabled children.

330 _{Luxembourg/Loi du 5 mai relative au droit d’asile et à des formes complémentaires de}

protection, Art. 52 (05.05.2006), as amended.

331 _{Art. 17 (1) (n) Romania/Legea azilului [Law 122/2006 on asylum in Romania] (18.05.2006).} 332 _{Art. 46 Romania/Legea azilului [Law 122/2006 on asylum in Romania] (18.05.2006).} 333 _{Romania/Lege privind protecţia şi promovarea drepturilor copilului [Law 272/2004}

concerning the protection and promotion of the rights of the child] (23.06.2004).

334 _{HM Treasury/ Department for Education and Skills (2007) Aiming High for Disabled}

Children: Better Support for families 2007, available at:

http://www.everychildmatters.gov.uk/_files/64301A568B221580F3F449A098CB3CE9.pdf (09.07.2008).

335 _{HM Government (2006) Working Together to Safeguard Children, para.11.28-11.29, available}

In Finland, policies taking into account the special needs of children with minority ethnic backgrounds and children with disabilities are currently being developed.336

In France, the housing expenses of children with disabilities are supported by the state or by social security.

A few reports discerned certain difficulties with bringing this ideal into practice. For instance the authors of the German report remark that ‘while in many cases the special needs of children in the given situation are addressed, it cannot safely be maintained that this is the case in all circumstances and in all contexts.’ The authors of the Bulgarian reports conclude on the basis of information received from directors of crisis centres that even the satisfaction of basic needs of the children who are accommodated in the centres seems to be a challenge. Representatives of Finnish NGOs and civil society find that cultural diversity is not taken sufficiently into consideration within the Finnish system. For this reason, certain NGOs have advocated for a more frequent use of trained multicultural support persons to provide assistance in interpretation and the understanding of cultural diversity.337

The authors of the Bulgaria, Denmark, Estonia, Spain and Italy reports found no evidence that special needs for children coming from different ethnic backgrounds and the needs of children with disabilities have been taken into consideration in all relevant contexts and legal procedures. The reports on Latvia, Malta and Portugal contain no information on this point.

4.6.7.

Protection of children with particular vulnerabilities