The rights of the students of the Podgorica elementary school, as well as their abusers - two minors who participate in fights and criminal behavior, threaten other children and intimidate them, were violated by the competent institutions because they did not act in a timely and adequate manner.
This was determined by the Protector of Human Rights and Freedoms, acting upon reports from several concerned parents who contacted UNICEF.
The anonymous report, which contains worrying information, states that a sixteen-year-old, a former student at a Podgorica elementary school, has been abusing other children for years, threatening them, and participating in fights, with the support of adults and people from criminal circles. UNICEF shared with the Ombudsman information that most of the children and their parents, while the minor and his one-year-younger brother attended classes at that school, lived in fear because the students were constantly mistreated and humiliated, and the school staff was powerless to solve the problem and understand the seriousness of the situation. The report also states that the minor was detained more than 15 times for violent behavior, fights, threats, dangerous driving, and disturbing public order, but that many incidents were not reported due to the fear of parents and witnesses.
The Protector, among other things, noted that the documentation submitted by the Podgorica Center for Social Work lacked a timely response and support for the minor's family, given the conditions in which these boys grew up. They claim that by the nature of things, the Center had to be involved in resolving the family and legal situation of the boy's family over a longer period of time.
"Relying solely on the mother's statement, in addition to addressing both the police and educational institutions regarding these boys, is not a sufficient response to this issue. The Protector recalls the entire spectrum of measures and actions that should have been implemented in accordance with the Family Law, the Law on Social and Child Protection and other regulations," the opinion of the Deputy Protector states. Snežane Mijušković.
The parents also told UNICEF that they would organize a strike or protest because the institutions were not responding and that it was necessary for the Center for Social Work, the police, and the school to assess the risky behavior, examine parental responsibility, and take measures such as institutional placement, if necessary.
The Protector requested statements from two schools in Podgorica, the Center for Social Work, the Police Directorate, the Basic State Prosecutor's Office and the Supreme State Prosecutor's Office regarding the measures and actions they had taken. The school administration stated in the notification that the 16-year-old was given a disciplinary measure of transfer to another school by decision of the Teachers' Council in April last year for participating in a fight and that the Police Directorate was informed about everything, but also that the decision also banned him from attending the semi-graduation dinner. They stated that his brother, who graduated from elementary school this year, was given a disciplinary measure and his grade was reduced to unsatisfactory, and was banned from going on a semi-graduation excursion, as well as that the students were interviewed and the police were informed about the incidents.
The Center for Social Work informed the protector that the family has been on the register since January of last year due to problems that the two underage brothers had in connection with violations of the Traffic Law, and that they and their mother were interviewed. The family, they claim, was monitored and counseling was provided to both the mother and the boys.
According to the Police Directorate, they filed a criminal complaint against two minors, based on a report from the father of the boy who suffered physical injuries, which led to his being taken to the emergency room and the Children's Clinic of the Clinical Center, while following a report forwarded by UNICEF, they took all actions and measures within their jurisdiction and, upon the order of the prosecutor's office, searched the apartment and other premises they use, but did not find any items relevant to the criminal proceedings. The ODT stated in its statement that, acting on the report from UNICEF, they formed a case that was archived because, as it only talks about the brothers' inappropriate and illegal behavior, but not specifically what actions they took and how and against which persons, there was no evidence that they committed a criminal offense that is prosecuted ex officio. They also sent a letter to the Center for Social Work to take measures and actions within their jurisdiction, which relate to the protection of a child in cases where parents are unable to take care of him, and the protection of a child who is in conflict with the law.
Social workers to review procedures
The Protector recommended that the Capital City Center for Social Work carefully review the actions taken in relation to the boy's family, define clear support measures, and also establish ongoing cooperation with other state bodies in this and future cases in order to protect children, whether they are victims or perpetrators.
It was recommended that they also undertake campaigns to raise public awareness about violence against and among children, and encourage concerned citizens and children facing this type of problem to speak up if they notice any form of violence.
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