Kosovo children still without law for their protection

Luan Bernjashi today does not celebrate June 1st like all other children in Kosovo.

The 14-year-old from downtown Karacheva in Kamenica a few days ago died from the torture his father inflicted on him.

In Kosovo children continue to remain categories that are mostly violated by their rights.

Kosovo police have indicated that during the past year alone there are 1,000 and 269 reported cases of domestic violence, 61 victims are children. According to the Kosovo Police only during the first three months of this year, 281 cases of domestic violence have been reported, where a significant number of victims are children.

Luan Bernjeshi's murder led human rights activists to demand that the Child Protection Bill be adopted as soon as possible.

In this more vocal aspect, it has been the coalition of NGOs for Child Protection KOMF, which days ago have asked the country's Prime Minister Ramush Haradinaj for the bill to be adopted as soon as possible.

They have even sought to become the forecast and allocation of the budget needed for the bill, including defining the cost of services, human resources for law enforcement, with the sole purpose of this law being implemented and impacting the protection of children's rights in Kosovo.

Klevis Vaferi from the KOMF has told Kosovo Press that Kosovo still has shortcomings both in the joy of rights, whether in protecting children, but that its adoption of the Children's Protection Bill would contribute to the security of children in the country.

The Children's Protection Bill, even though it's already been a while since the revision, would increase the possibilities for better implementation of all policies aimed at better child protection and aimed at respecting their rights... We have seen rationally as a coalition with 27 member organisations calling for the Government to turn its attention to security, towards increasing child safety in the country. And, of course, the Child Protection Bill is a step or an element that contributes to this process as a whole”, Vafiri said.

That protection and respect of children's rights in Kosovo continues to not be done in an adequate way, the Ombudsman's institution in the 2017 report.

This report says that despite many steps in establishing policies and the legal framework for protecting children's rights, implementing rights, protection and respect remain a challenge for Kosovo institutions.

Lack of a child rights law according to the IAP report leaves children in a sensitive situation and judicial uncertainty. Therefore, even the deputy occupants of the people, Edona Hajrullahu, says that a law on children's rights is very necessary.

She says that if there was an adequate law on children's rights, a mechanism would develop to respect children's rights.

The very fact that we would have a specific law on children would set a general framework and create mechanisms to respect children's rights. Challenges remain numerous, such as when talking about disabled children, for example, need to have greater stability with daily care centres that are about rehabilitation, treatment, and re-integrating those children into society. And a whole greater involvement in the educational process. Then, what we've seen challenging as well, or that hasn't been dealt with yet is the fact that children who are on the streets who are in a socioeconomic plight and therefore abandon schooling and choose to stay on the street. This is a phenomenon that we all see in everydayity, but that still remains without providing a permanent solution from the institutional aspect of”, Hajrullahu said.

Also, the ombudsman Institution report says that Kosovo's Assembly would have to address the Children's Protection Bill with added prioritisation and seriousness, taking the necessary actions for the bill to be considered without delay.

The call to adopt the Child Protection Bill during a session of the Kosovo Assembly has also made a member of the Parliamentary Commission for Human Rights, Freedom Kaitazi, which has said the bill is much needed for protecting children's rights.

“Relation of the bill on rights, or child protection, because day by day it is observed that this category is quite prone to many misleading issues which, in the absence of law enforcement, continue with them. Unfortunately, last year children have been registered as being affected by drug addicts even at the age of 12, and disaster is now deeper that even nine-year-olds have been attacked by drug addicts, narcotics substances. And let's not talk about the rest of the begging and other issues that they are forced to do mandatory”, she said.

The Child Protection Bill has been drafted and sent to the Government's Co-ordination Secretariat for further proceedings but is not known when the same will be sent to one of the meetings for approval.

The legal office has actually sent the bill to the SQQ/ ZKM for approval of the Government meeting. This bill has passed all phases of consultations, and while drafting, local organisations and international organisations that deal with child rights protection” are taking part in the written response from the prime minister's office.

By contrast, in 2013 the drafting of the Children's Protection Bill, where the bill was passed through detailed consultations with local institutions, international nature and civil society.