OMBUDSMAN FOR CHILDREN
By the Law no. 9/2018 was established the Child's Advocate, structure coordinated by a Deputy of the People’s Advocate, appointed for a term of 5 years by the Standing Bureaus of the Chamber of Deputies and the Senate, at the proposal of the People's Advocate, with the opinion of the legal committees of the two Chambers of Parliament.
The Child’s Advocate, under the coordination of the People’s Advocate, acts to promote and protect the rights of children under the age of 18, supports and encourages the observance and promotion of children's rights under the present law, respectively the Law no. 272/2004 on the protection and promotion of children's rights, republished, as subsequently amended and supplemented and the Convention on the Rights of the Child.
In fulfilling the mandate specific to the Field on the protection and promotion of children’s rights, the Child’s Advocate fulfils the following duties:
a) Solves the individual complaints made by the children or their representatives, referring to the actions of the public institutions in the field of health, education, special protection of the child, or institutions which apply custodial and non-custodial measures provided by the Law no. 286/2009 on the Criminal Code, as subsequently amended and supplemented, regarding the criminal liability of minors, as well as any other institutions which carry out activities which are covered by the mandate of the Field on the protection and promotion of children’s rights;
b) Solves any complaint in relation to the violation of one or more rights of the child;
c) Promotes child's rights among children and adults;
d) Collaborates with the formal structures of the children and, if he/she deems it necessary, may refer the matter to the competent authorities;
e) Formulates proposals for measures aimed at encouraging the participation of children in decision-making concerning them;
f) Develops studies on the exercise and observance of children's rights and recommends, where appropriate, measures to respect the rights of the child, at the level of public polices and at legislative level, also through the preparation of special reports;
g) Carries out unannounced visits, either ex officio or on request, together with the representatives of the National Prevention Mechanism against torture in places of detention, to the educational or detention centres where minors are deprived of liberty according to the Law no. 286/2009, as subsequently amended and supplemented, regarding the criminal liability of minors, to the persons responsible for the supervision and guidance of the minors who are executing non-custodial measures provided by Law no. 286/2009, with the subsequent amendments and supplements, regarding the criminal liability of minors, at foster care centres, family-type dwellings, maternity care and family placement where the minor is placed as a special protection measure provided by Law no. 272/2004, republished, with the subsequent amendments and supplements, to the extended family, as well as to the children's hospitals;
h) Immediately notifies, ex officio or upon request, the criminal prosecution bodies when he/she finds clues of the commission of criminal offenses against children.
Moreover, the People’s Advocate may file a lawsuit or a criminal complaint and may represent the minor before the court when he/she has been the victim of physical violence or psychological abuse by his/her parents, legal guardian or representative, or of abuse, violence and sexual exploitation, labour exploitation, trafficking in human beings, neglect and exploitation, as well as any form of violence against the child, provided and sanctioned by the domestic and international legislation to which Romania is a state party.