Children's Ombudswoman Helenca Pirnat Dragicevic has called for the adoption of a separate regulation on the protection of children from sexual abuse and sexual exploitation.
Pirnat Dragicevic recommended the adoption of the regulation, under which persons who work with children would be checked for possible prior convictions, in a letter to the prime minister and the Justice and Public Administration Ministry, ahead of the European Day on the Protection of Children against Sexual Exploitation and Sexual Abuse, November 18.
The ombudswoman says that prior convictions for certain types of crime are legally defined as an obstacle to performing work in certain areas, such as education, social welfare, foster parenting, sports and volunteering, but she warns that there are loopholes that make it possible for convicted perpetrators of sexual crimes to come into contact with children.
She adds that there are areas where exemptions or the need for prior checks are not legally prescribed, such as various services for children like organised child care, sports and music play groups, teaching groups, summer camps, etc.
Parents whose children use those services are mostly not aware of this and entrust their children to people who run those businesses, convinced that they are under state supervision, she says.
Pirnat Dragicevic also points to inadequate protection of children from convicted sexual predators, noting that according to the Council of Europe data, one in five children are victoms of some form of sexual exploitation or abuse but that in as many as 90% of the cases, children do not report it.
Children should be encouraged to report such cases, and to achieve that, we must guarantee them that the response of the competent institutions will be strong, fast, efficient and supportive of children, she says.
However, society often fails in that regard – perpetrators of sexual violence against children are allowed to defend themselves without being in custody, the victims are not adequately protected from the perpetrators and they often experience condemnation and stigmatisation as well as violation of privacy, sometimes through sensationalist reporting, the ombudswoman says.
The traumatisation of the victim is deepened by criminal proceedings that sometimes last for several years, and when finally a ruling is handed down, very mild sentences are imposed, Pirnat Dragicevic says, noting that courts should impose monitoring, which they do rarely.
After they serve their prison term, sexual predators are no longer monitored by the relevant authorities if such a restriction is not imposed by the court, she says, noting that her office has been warning about this for years.
The ombudswoman notes that despite progress in criminal legislation, primarily in the form of stricter penalties, the system of protection of children against sexual violence is still not adequate, notably with regard to the protection of children from convicted perpetrators of sexual violence against children.
