The Ombudsman on the protection of children's rights in the course of police measures

Press release:

The Ombudsman on the protection of children's rights in the course of police measures

It poses an imminent danger to or violates children's rights if the police take coercive measures against parents in the presence of their children. In the opinion of the Commissioner for Fundamental Rights the police should take account of the mental development of the child and the requirements of child-friendly justice.

A child's most important reference points in his or her mental and emotional development are the parents. If parents are the target of an attack, children may experience it as an attack against themselves. According to a complaint received by Máté Szabó Ombudsman, the parent of a minor child was arrested in the open street by armed policemen who wore masks, forced him to lie on the ground and handcuffed him in the presence of the child. In fact, the parents making the complaint deem that the arrest itself was unnecessary and disproportionate.

In his inquiry the Ombudsman has found that the use of coercion and handcuffs was lawful and proportionate, and in the course of the measure the police did not violate the fundamental right of the complainant to personal dignity and liberty of the person. The proceeding policemen addressed the complainants in the right tone and adequately informed them of the future course of action. 

Nevertheless, at the time of planning the action it should have been taken into consideration that the child might also be affected as an eye-witness, and that the shock experienced by the minor might have a detrimental impact on his or her mental development. This aspect was not considered at all, the rights of the child were infringed in the course of the police measure, and the measure did not meet the requirements of child-friendly justice – says the Ombudsman in the report of the inquiry.

The Commissioner for Fundamental Rights has initiated with the head of the National Bureau of Investigation that in the future other factors should also be considered besides the physical security of those affected by the police measure and that of the surroundings. If the measure may – even if only indirectly – affect a minor, the police should take into consideration the influence that such a measure may exert on the mental development of the child. He has requested, moreover, that – except for circumstances when there is an imminent threat to loss of life – the police should avoid using coercive measures against wanted persons in the presence of their minor children.