Questionnaire for Civil Society Organizations

within the Framework of the Thematic Report on the Situation of Children and Adolescents in Institutions Providing Protection and Care in the Americas

INTRODUCTION

This questionnaire has been prepared as part of the Work Plan of the Rapporteurship on the Rights of the Child of the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the IACHR”) in cooperation with the regional office of the United Nations Children’s Fund (UNICEF) in the context of the procedure for preparing a report on the situation of children and adolescents in the Americas (hereinafter “the Report”). The performance of this task will be supported by the Regional Office for Latin America of the United Nations High Commissioner for Human Rights and the Special Representative of the United Nations Secretary General on Violence against Children.

The IACHR and its Rapporteurship on the Rights of the Child pay particular attention to the human rights of children and adolescents in order to prevent various forms of violence against them. Since it was established in 1998, this Rapporteurship has played a vital role in the IACHR’s task of protecting the rights of children and adolescents by publishing thematic studies, assisting in the formulation of new case law in this area through the system of individual cases, and supporting research on broad issues affecting the rights of this population in specific countries of the region through country visits and publication of country reports.

The Report will present an analysis of the situation of children and adolescents in public, private, or mixed institutions under the supervision of the State, identifying advances and challenges in complying with and implementing international standards in the area of human rights. The Report will cover some of the institutions responsible for protecting and caring for children and adolescents on a full time basis, provided their admission to the institution has been ordered by some public authority. Specific consideration will be given to the following types of institutions providing full-time protection and care to children and adolescents: i) psychiatric institutions and hospitals; ii) orphanages and group homes; iii) migration centers; and; iv) care centers, as well as other institutions. Moreover, reference made in the questionnaire to the deprivation of liberty with respect to children and adolescents (hereinafter “C&A”) shall be understood to mean “any form of detention or imprisonment, as well as internment in a public or private facility that [C&A] are not allowed to leave voluntarily, by order of any judicial, administrative, or other public authority.”[1]

This questionnaire surveys information with respect to 2010. If information is not available specifically with respect to that year, we ask that you provide the latest information available, indicating the year to which it refers. If there is information on some types of institutionalization only, we ask that you complete the information with the information you have available.

In addition to the information requested in this questionnaire, if civil society organizations have additional information relevant to the development of this Report, which might include, for example, information on legislation or standards, the Commission would appreciate your attaching it to your responses, based on the questionnaire directed to the States. We appreciate any additional information on how civil society organizations perceive specific situations or cases.

Personal data on children and adolescents referred to in the information provided must be protected and treated with the proper confidentiality at all times.

The responses to this questionnaire should be sent no later than August 15, 2011 to the:

Inter-American Commission on Human Rights

Organization of American States

1889 F Street, NW

Washington, DC, 20006

cidhdenuncias@oas.org

QUESTIONNAIRE

Date:                Civil Society Organization:                     Country:                      

I. DESCRIPTION OF INSTITUTIONS PROVIDING PROTECTION AND CARE

1. How many institutions providing full time protection and care for C&A do you know of in your country? (full-time treatment centers, psychiatric institutions and hospitals, orphanages and group homes, migration centers or care centers for C&A, and other facilities). When applicable, make reference to the institutions monitored by the civil society organization.

- Describe the type of institution (full-time psychiatric institutions and hospitals; orphanages or group homes, migration centers or care centers for C&A, and other facilities). How many C&A are found in these institutions and what is the level of coverage?

- How many of these institutions do you believe are operating without State authorization or supervision?

2. Are there different types of institutions depending on the reason why the C&A are admitted to the institution? (“living in the street,” no parental care, contagious diseases, and other causes). When applicable, refer to concrete cases or situations.

3. Establish how many institutions are the exclusive responsibility of the State (public), how many are the exclusive responsibility of private institutions (without prejudice to controls or supervision exercised by the State), and how many are mixed institutions.  As applicable, refer to concrete cases or situations.

- Describe their characteristics in each case and, if possible, what percentage of the institutionalized C&A population lives in each type of institution.

4. What is your perception regarding the conditions of facilities in institutions providing protection and care for C&A? Refer to concrete cases or situations.

5. In how many institutions providing protection and care are C&A housed in the same rooms as adults? As applicable, refer to concrete cases or situations.

- In how many institutions do C&A have rooms separate from adults but share some facilities such as exercise space, baths, or dining areas? How many are exclusively for C&A?

6. Indicate whether C&A in institutions providing protection and care are separated based on gender. Refer to concrete cases or situations.

- Specify the number of C&A not separated by gender.

7. What is the source of economic resources for public, private, or mixed institutions providing protection and care for C&A? As applicable, refer to the institutions monitored by the civil society organization.

- As applicable, mention whether there are cases where mixed or private institutions providing protection and care are used for the commission of crimes such as money laundering or the diversion of public funds.

8. Indicate whether public, private, or mixed institutions providing protection and care subcontract all or some of the services they provide (for example, care, food, education, security, administrative and other services). As applicable, refer to concrete cases or situations.

- Describe the type of services and the functions assigned to those who participate in these services.

- What is the process for selecting contracted institutions and how long does the contract last?

9. What type of training is required of permanent employees working at institutions providing protection and care (full-time treatment centers, psychiatric institutions and hospitals, orphanages and group homes, migration centers, or care centers, and other institutions for C&A)? As applicable, refer to institutions monitored by the civil society organization.

- What criteria are used to evaluate the professional and ethical suitability of these employees?

- How are they selected?  What is the salary scale?

- What is the average length of time employed and what type of contract is used?

- Differentiate by type of profession: security, supervisors, educators, directors, etc.

10. What is the average number of permanent employees responsible for protecting and caring for children in the institutions and what is the ratio to the number of C&A? As applicable, refer to the institutions monitored by the civil society organization.

11. Is there some alternative other than institutionalization for the protection or care of C&A (foster family, extended family, “half-way” institutions, family support, etc.)? As applicable, refer to the institutions monitored by the civil society organization.

- How many C&A are in programs of this type?

- What are their characteristics, in what situations are they used, and what are their sources of financing?

II. SITUATION OF C&A IN INSTITUTIONS PROVIDING PROTECTION AND CARE.

12. Under what situations is a determination made that a C&A should be sent to an institution providing protection or care? Who makes the determination? Are the opinions of the C&A considered?

13. Can institutionalization for protection or care lead to the C&As not being able to leave voluntarily? In terms of this question, how are children in early childhood or mentally disabled C&A treated?

14. How is contact between C&A in institutions providing protection and care and their families and communities assured?

- Are C&A able to leave to visit their families?

- How often are visits to C&A permitted and how long do they last?

- What measures are used to keep siblings from being separated?

15. Are there formal schooling and/or employment training programs for C&A? What is the supply of programs? What is the supply of programs [sic] and level of coverage?

16. Are there any other types of informal educational programs and social and educational programs at institutions providing protection and care? What is the supply of programs and level of coverage?

17. How are C&A in institutions providing protection and care guaranteed access to general healthcare services? What type of coverage do these services provide and what is the type of coverage? [sic]

18. Are there specialized institutions and assistance for specific groups of C&A? For which groups and what does specialized assistance consist of (for indigenous C&A, migrants, internally displaced, children of migratory workers, C&A affected by serious illnesses such as HIV/AIDS, with nervous or psychotic disorders (including bipolar disease), C&A “living on the street,” who belong to gangs, who are victims of violence, sexual abuse and exploitation, trafficking and other types of violence, including corporal punishment)?

19. Are institutionalized C&A with mental disabilities found in the same institutions as other children interned for their protection or care? Mention specifically whether C&A with mental disabilities are kept in the same institutions as C&A with physical disabilities and/or in the same institutions as adults with mental disabilities.

20. How are physical and mental health and treatment services guaranteed in the different types of institutions? Are there specialized full-time care programs for C&A with physical or mental disabilities? What is the make-up of these programs?

21. Are there specialized full-time care programs for C&A who have used or are addicted to drugs?

22. Is there specialized assistance for girls in institutions (gynecological care, assistance for babies, counseling on child-rearing practices, facilities where mothers can live with their babies, and other assistance)? What is the make-up of this specialized assistance?

23. Specify what disciplinary measures applied to C&A consist of in institutions providing protection and care, particularly treatment and psychiatric institutions, as well as the situations that lead to a disciplinary measure.

24. Do civil society organizations have access to visit institutions providing protection and care in order to monitor the conditions in which C&A find themselves?

- Can they do so without prior notice?

- Can they conduct confidential interviews with C&A in such institutions?

- How many visits have you made during 2010? Identify how many institutions you have visited and attach resulting reports, if any.

25. Does the civil society organization to which you belong have information on the following aspects?

- Cases of deaths of C&A within institutions providing protection or care during or prior to 2010, specifying the causes of death.

- Cases of injuries suffered by C&A within institutions providing protection or care during or prior to 2010 (self-inflicted injuries, injuries caused by other institutionalized C&A, and injuries inflicted by institution employees).

- Incidents of restraint or other type of incident in which official force was used or coercive measures were adopted within institutions providing protection and care during or prior to 2010.

- Number of cases of C&A who have escaped or disappeared from institutions providing protection and care during or prior to 2010.

- Existence of voluntary or forced sterilization practices applied to C&A within institutions providing protection and care during or prior to 2010.

- Existence of consensual or non-consensual abortions performed on young and/or adolescent girls within institutions providing protection and care during or prior to 2010.

- Existence of cases of sexual violence, particularly against girls, within institutions providing protection or care during or prior to 2010.

-Existence of international trafficking of C&A through institutions providing protection and care during or prior to 2010.

In all cases, provide the most detailed information possible and attached all available documentation.

26. As applicable, indicate cases where public, private, or mixed institutions providing protection and care are used as vehicles to conceal the commission of crimes and abuses against C&A, particularly cases of corruption involving the authorities and the leaders of these institutions. Provide the most detailed information possible and attach all available documentation.

III. REGULATIONS, PUBLIC POLICIES OR PRACTICES WITH RESPECT TO INSTITUTIONS PROVIDING PROTECTION AND CARE[2]

27. Are there regulations, public policies, or institutional practices different from international standards of protection in the area of C&A in institutions providing protection and care? Identify such regulations, public policies, and institutional practices and, as applicable, attach them.

28. Do you feel that international standards on the rights of C&A have been incorporated in your country’s legislation and public policies in terms of the regulation of the situation of C&A in the different institutions providing care or protection referred to in this questionnaire? Identify these regulations, public policies, and institutional practices and, as applicable, attach them.

29. Are there regulations requiring the State to create bodies for the accreditation and registration of institutions providing protection and care? What are the criteria these agencies consider in granting authorization to institutions? How many institutions are qualified by the authorities? Differentiate by type of institution.

30. Are there regulations requiring the State to create complaint and reporting mechanisms to be used by institutionalized C&A, particularly in the case of abuse, that can also be used by their parents, representatives, relatives, or human rights defenders? If these mechanisms exist, indicate whether:

-  Complaints or reports can be filed anonymously.

-  Complaints or reports can be filed by the C&A themselves by means of a mechanism that is accessible according to their needs.

-  Complaints can be brought to agencies outside the institution and what the procedure would be.

-  The mechanism provided encompasses the needs of children under the age of nine.

-  The mechanism provided covers the needs of indigenous or migrant C&A who speak another language.

31. Are there regulations requiring the State to create bodies for monitoring and regular and independent supervision of institutions providing protection and care, particularly private and mixed institutions? Are there mechanisms to impose administrative sanctions for the authorities within public institutions? If so, describe:

-  What does supervision consist of? Who carries it out and how often?

-  Are all the institutions included in the Report covered by these mechanisms?

-  How many investigations were initiated by this control mechanism during 2010 or previous years?

-  How many of these institutions have received this type of inspection during the past year?

-  How does the State ensure that information on the results of supervision is accessible to institutionalized C&A and their families?

Attach reports describing the results of supervision.

32. Indicate whether there are mechanisms ensuring periodic review of the suitability, necessity, and proportionality of the method used to institutionalize C&A or a group of them for purposes of their care and protection.

-  How often is it revised?

-  At whose request?

-  Who exercises control over decisions regarding the measure?

-  Does the defense attorney participate?

33. Are there regulations requiring the State to create bodies to represent and provide a defense for the interests of C&A who need to be institutionalized, particularly in the absence of parents or relatives, considering the individual opinions and needs of C&A at all times?

34. Are there public agencies responsible for maintaining statistics regarding the operations of institutions providing protection and care? For how long have there been statistics in this area?

35. Are there regulations, public policies, or institutional practices that require institutions providing protection and care to develop an individual plan for the care and protection of each institutionalized C&A according to his/her individual needs?

36. Are there public policies supporting the institution of the family?

-  What are the services providing support to families intended to ensure that C&A can be cared for within their families (to prevent the separation of families and support family reintegration) rather than in institutions providing protection and care? Of what do these public policies consist?

-  Is there information on their level of coverage and the budget allocated to implement these policies?

-  Are there specific public policies to support adolescent fathers and/or mothers? Of what do these public policies consist?

-  Is there information on their level of coverage and the budget allocated to implement these policies?

37. Are there plans, programs, policies and/or strategies to deinstitutionalize the child and adolescent population? Of what do these plans, programs, or public policies consist?

38. Are there plans, programs, policies and/or strategies that require various institutions providing care or protection to reintegrate C&A in their families and prepare and guide them to develop an autonomous and dignified life plan, including until they have reached their majority within the institution?

39. Is there a specific prohibition on corporal punishment? If so, attach the respective regulations. If not, report on the circumstances under which it is allowed and submit the respective rules or regulations.

40. Describe in detail any appropriate regulation, public policy, or good practice related to the theme of the Report. As applicable, attach the respective information.

41. Describe in detail any public policy you feel should be implemented to improve the regulation and situation of C&A in institutions providing care and protection, particularly those referred to in the introduction to the questionnaire. As applicable, attach the respective information.