Status of Children Bosnia and Herzegovina

CHILD RIGHTS SITUATION ANALYSIS ALBANIA

Mirela Muca& Vilma Kolpeja National Albanian Center for Social Studies

Almandina Guma & Elsa Osmani SOS Children’s Villages, Albania

MARCH, 2009 2

ACRONYMS

AAC Albanian Adoption Committee AiBi Amici dei Bambini CRC Convention on the Rights of the Child CRCA Children’s Right Center of Albania CPU Child Protection Unit DCM Decision of Council of Ministers INSTAT National Institute of Statistics IAS International Association for Solidarity LSMS Living Standard Measurement Survey MLSAEO Ministry of Labor, Social Affairs, and Equal Opportunities MSE Ministry of Science and Education MCYS Ministry of Culture, Youth, and Sports MH Ministry of Health MJ Ministry of Justice MICS Multiple Indicator Cluster Survey NGO Non Governmental Organization SSS Social State Service 3

Table of content Page

Executive Summary…………………………………………………………………. 4

1. Introduction……………………………………………………………………….. 5 1.1 Analysis team 1.2 Methodology

2. Basic Country Information………………………………………………………... 6

3. Profile of children at risk………………………………………………………….. 7 3.1 Children without parental care 3.2 Children at risk of losing parental care

4. Overview of violations of children’s rights………………………………………. 10 4.1 Non discrimination 4.2 Survival and Development 4.3 Protection 4.4 Participation 4.5Rights of children in families at risk

5. Responsibilities of Duty Bearers…………………………………………………..22

5.1 Strategies and policies

6. Regions in need ……………………………………………………………………28

7. Conclusions……………………………………………………………………….. 28

7.1Recommendations………………………………………………………...29

8. Bibliography………………………………………………………………………..30

List of tables and graphics…………………………………………… 31 1.1 Consultation with stakeholders 1.2 Analysis of historical background of children in SOS CV Tirana 2004-2008 1.3 Reasons behind placement, SSS 2004 data 1.4 Child abandonment and young mothers 1.5 Children in care 1998-2005 1.6 Data on child rights violation from families at risk 4

EXECUTIVE SUMMARY Albania is one of the poorest countries in Europe and 18.5% of the population lives in absolute poverty. Poverty is weakening familiar bonds, causing the increase in the number of children living with one parent and of those placed temporarily under the care of relatives or social welfare structures. Poverty and social problems deprive Albanian children from their rights; they have neglected emotional, educational, spiritual, and physical needs, which then cause risky behaviors and illegal activities in order to ensure survival. SOS Children’s Villages, Albania has undertaken the initiative to realize a country rights situational analysis for children without parental care or at risk of losing it. The analysis is realized during December-February 2009 from a combined group that consists of independent experts and professionals of SOS Children’s Vil- lages, Albania and it is realized in the cities of Tirana, Korça and Shkodra. . Despite positive steps taken from the Ministry of Labor, Social Affair and Equal Opportunities to improve the quality of services for children without parental care, through setting standards, decentralization and deinstitu- tionalization of services for children without parental care, there exists problems in regard to respect of rights for this category. This report has identified violation of children rights in the domains of discrimination, survival and development, protection and participation. There are a lot of factors that affect the violation of rights and marginalization of children without parental care or at risk of losing it. Poverty together with the weak system of social protection and obvious deficiencies in relation to preventative services, contribute in the increase of the number of children without parental care or at risk of losing it. The situation is aggravated by the low capacities of social welfare structures, schools, health system and police and weak cooperation in local level. In- formation on the number of children without parental care or at risk of losing it is lacking and it is not given enough attention to the designation of proper policies and legislation to support models of out of home placement in the best interest of child. This report outlines the deficiencies in the professional capacities and expertise, and addresses multiple problems that the target group is facing. This report describes the obligations of both central and local government and of non governmental structures to increase responsibilities in order to improve children rights. Although the study is offering recommendations for SOS Children’s Villages, Albania, it also serves to governmental structures and other NGOs to improve policies, strategies, and activities relevant for children without parental care or at risk of losing it. In this report, there are recommended development of policies, legislation, and supportive services for families and children, setting up of counseling services, increase of support with cash or with employment for poor families and support to children with special needs or disable ones with social, health, and educational services. The report suggests the establishment of the Court for minors, expansion of kinship care, as the first alternative for the substitution of biological family and the development of other models of care. Improvement of parenting skills to respect children rights is recommended as a necessary step to improve quality of care within the family and to decrease the number of neglected children and those with behavior or learning diffi - culties, while awareness raising for community, public and non public structures deducts stigmatization and improves quality and type of services for children and their families. Strengthening of existing alliances and partnerships within governmental and nongovernmental stakeholders, including international ones, will improve the level of preventative interventions and care and will increase number of services for children. SOS Children’s Villages, Albania with its experience and expertise can and should play an important role in leading these processes. 5

1. INTRODUCTION

In Albania, after nineties, number of children living in single parenting family and number of children placed in care for economical reason and lack of social protection polices for families at risk is increased. Extreme poverty and social problems have deepened neglect and marginalization of children. This study undertaken by SOS Children’s Villages Albania presents an overview of rights of children without parental care or at risk of losing it and a thorough analysis of national strategies and responsibilities of duty bearers. The assessment was realized from a group of experts during December-February 2009, conducted in different cities Tirana, Korca and Shkodra, respectively locations from central, south and north Albania.

1.1. Description of the analysis team Teuta Shkenza, Director of SOS Children’s Villages Albania supervised the research process.

Almandina Guma, in the position of Advocacy Officer and Elsa Osmani as Family Strengthening Program Manager in SOS Children’s Villages Albania coordinated the research process and cooperated on data gathering and writing of the report

Ms. Mirela Muca and Ms. Vilma Kolpeja as external experts provided assistance to study design, data gathering and report writing. They have a background experience in social study researches and training experience in institutional capacity building.

1.2. Analysis process and methodology The first step of this analysis was a desk review of policies, legal frameworks, strategies, and existing services for children without parental care or at risk of losing it and reports, studies on situation of children’s rights by civil society. Quantitative information has been provided by official sources (Institute of Statistics and Information of SSS, MLSAEO, INSTAT, MSE) regarding demographic and socio-economical data and official websites of national and international stakeholders1

The second step implied gathering of qualitative information through focus groups and interviews with relevant actors in the MLSAEO, NGO-s representatives and other relevant staff in the social protection field and individual interviews with children in care. Employed data collection instruments (a) semi structured interviews for duty bearers and NGO-s representatives, (b) semi structured interviews for service providers on children’s care and protection, (c) checklists for interviews with children. Study restrictions: Lack of statistical information for children at risk of losing parental care.

1.3. Stakeholders involved in the consultation process The research team consulted numerous stakeholders, from state agencies, civil society, NGO-s providing services for children, and representative of religious organizations. Interviews were performed with the main stakeholders and duty bearers on the field. Families and children at risk and representatives of SOS Children’s Villages Albania were also actively consulted and provided insight on challenges regarding issue. (See Table 1.1)

2. GENERAL OVERALL SITUATION – BASIC COUNTRY INFORMATION Albania has been in a deep and quick transition, since the fall of communism system is 1991. Social-economic reforms have contributed in a deep transformation; in setting up a democratic system, in the achievement of a relatively stable economic growth, reduction of poverty, respect of human rights and increase of living standard. Despite that, Albania remains one of the poorest countries in Europe.

According to LSMS 2005, poverty in Albania is a multidimensional phenomena, which is reflected in the low or very low level of income (25% of the population lives with less than 2 $ per day, while 4.7% of the population lives with less than 1 $ per day), high level of susceptibility to diseases and lack of proper health services; 1 See Bibliography 6 (the infant mortality, mortality rate of children aged under 5 and maternal mortality are relatively high compared to the countries of the region); high illiteracy or low level of education, low level of participation in decision making and social exclusion for a considerable part of population (75% of poor families have social problems).

Poverty and social exclusion have a deep geographic dimension. LSMS 2005 states that the poorest areas are the rural ones in north-east part of the country. Population in these areas is excluded mainly from social and employment services, because these services are active only in cities. Lack of basic services, including also educational and health services, are the main factors of social exclusion for poor families and affects these families to be beneath poverty line. In fact, this study shows that the children of these families are on higher risk for social exclusion, since the poorest families are those ones that have more than three children. Their rights are completely lacking and the possibility of children abandonment, because of poverty and other social factors, is quite high.

Albanian government has prepared the National Strategy for Social Inclusion, as part of the Strategy for Development and Integration. This strategy includes policies, which through economic growth, aim the inclusion of the most vulnerable categories of Albanian society. Nevertheless, the experience of development till now shows that not necessary economic development is translated in better economic standards for excluded families in general and especially their children. Data show that public expenditures in fields as health, education, social protection, are still low, even compared to other countries in the region.2.

Total population (000)3 3,170 Population of child people (%) (0-14 years 793.543) 25 Population under poverty line (%)4 18.5 Life expectancy5 78.6 Education Index6 0.887 GDP per capita7 in USD 5,316 Standard of living (maximum monthly economic assistance per family in Al- 7,000 banian Lek)8

Human Development Index9 0.801 Gender related development index10 0.797 Unemployment rate (%)11 13 Public expenditure on health (in % of total public services expenditure) 8.4 Public expenditure on health (in % of GDP12) 2 Public expenditure on education in % of total public services expenditure 11 Public expenditure on education (%) in % of GDP 3.5 Type of state Former Communist country/ Parliamentary Republic

2 Public expenditure one Education is 3.5% of GDP (2007), on Health is 2 % of GDP (2007) , on Social protection is 1.5% of GDP (2003) 3 INSTAT Annual Statistics 2007 4 LSMS 2005 5 http://www.instat.gov.al/graphics/doc/tabelat/Treguesit%20Sociale/Lindje%20e%20vdekje/LDV %202004/ldv13.xls 6 http://hdrstats.undp.org/countries/data_sheets/cty_ds_ALB.html 7 ibid 8 DCM 787 date 14.12 2005 “On definition of criteria and of economic assistance” 9 http://hdrstats.undp.org/countries/data_sheets/cty_ds_ALB.html 10 Ibid 11 Bank of Albania “Annual Report 2007” 12 Ministry of Finance- Finance office (2008 data) 7 3. PROFILE AND NUMBER OF CHILDREN IN THE TARGET GROUP

3.1. Children without parental care  Which children and how many are without parental care and why? Studies13 and data on vulnerable children show that most of Albanian children are at risk of being victims of poverty, divorce, and separation of family due to migration of one parent, violence, negligence, and social problems. Transition is changing the family as an institution. Economic difficulties have overloaded parents with work, where a considerable part of them have emigrated, leaving behind families with children. Poverty is weakening family bonds and high number of divorces has increased the number of children that live with one parent. The high number of children, who are begging, are abandoned or placed temporarily under the custody of relatives or social welfare structures, shows that there must be higher attention towards the support of families and provision of out-of-home placement services for children. Within the international definitions regarding children without parental care, in Albania this group is represented mainly by: - Children that have lost both parents due to accidents, diseases or other reasons - Children that live in residential institutions (children that have lost the care of their families, because of economic or other reasons). - Children, to whom is taken off the parental custody with a court decision.

Albania is a country where group age 0-14 years old represents 25% of the population 14. It is difficult to have exact information on the number of children that are without parental care or are at risk of losing it, because periodical information is lacking. Nevertheless assessments in 200515, show that 16,000 children live under the care of their relatives. 1,200 are in residential and day care institutions. In the same year, about 11,679 children were exploited, neglected, or abandoned in most of the time, although they were living with their families. These were children that begged, worked or were taken abroad unaccompanied from their parents. In comparison to other countries in the region, Albania has a low number of children without parental care in social welfare institutions (73 children per 100,000 children of group age 0-14 years old). In the end of 2008, about 57916 children of group age 0-15 years old were placed in public or non-public care institutions. During 2008, number of children in the formal social welfare system was a bit higher than the above mentioned data. During that period, 28 children were adopted, 22 children were reunified with their biological families, and 26 children left the social care because of their age. The decision making for placement of children in institutions is not fully realized in the best interest of the child due to lack of an explicit definition in the existing law “as for the best interest of the child” (Law on social service). There is no report providing relevant information on reasons the placement of the child in alternative care is in his best interest. (Alternative Report, 2009)17. Accurate data on reasons for entry to residential care is extremely difficult to obtain. Often, a placement is recorded as “for social reasons,” without providing specific information about the child’s circumstances (See table 1.3). Most of the children under care, come from rural areas and are mainly from poor families, headed by one parent (due to death, divorce emigration, imprisoned parents) or parents with health problems (85% of the cases). There are no gender distinctions; number of children with disability is low, while minorities Roma and Egyptian represent almost 15 % of children18. There is only one case with HIV/Aids. Regarding age structure,

13 World Bank, Vulnerability needs Assessment, 20005; Impact of emigration for socially excluded families and children, 2007 UNICEF 14 Referring to demographic data of 2006 – the latest report of INSTAT 15 UNICEF- NACSS, Assessment of child care system in Albania, 2005. 16 This number represents the official data about children without parental actually registered in the formal social welfare system (public structures, structures directed from NGOs: family type care institutions including SOS Chil- dren Villages, Albania). 17 Unpublished 18 4654 is the total number of Roma children aged 3-16 8 data is relevant for public social welfare institutions where 49% of children are of group age 0-6 years old and 51% of group age 6-15 years old.

Reasons behind children placement in SOS Children’s Villages, Albania Data on placement of 30 new admissions in SOS Children’s Villages Tirana, during 2004-2008 show that main reasons of entry in care is related to loss of one or both parents (37%), parent’s mental health problems (22.8%), abandonment at birth or for emigration reason (17%); and main second factor increasing probability of final decision for children placement in care is poverty (27.5% of cases) and low child rearing parental ca - pacity (17%) Only 26% of children were cared by close relatives, for a short term period after biological family disintegration (See Table 1.2)

3.2. Children at risk of losing parental care  Which children and how many are at risk of losing parental care and why? There is a lack of legal definition about “children at risk of losing parental care”. In view of the fact that neither definition nor classification of families and children at risk are clearly defined, there is no existing statistical data indicating prevalence of child abandonment. Therefore, there is a lack of identification mechanism for children at risk.

Poverty and the lack of one parent are the main factors that lead parents in placing the children in social wel - fare institutions. Low applied payments in the actual system of social protection (economic support in cash for poor families and with social problems) do not help in reduction of poverty among beneficiary families. Sup- port policies that encourage the exit from the poverty are limited. This is the reason that the families remain in the cycle of poverty. About 80% of the families that benefit economic assistance remain in this schema for a period of more than 8 years. These families have also a low living standard and in additional to economic deficiencies, there are also social problems. 200, 000 19children live in poor families supported by monthly economic assistance. Out of these families, 11% have at least one child with special needs (disability). A recent study20 is showing that from 68% of families beneficiaries of economic assistance, only 2.5% reported that will take a decision for children placement in residential care forced by extreme poverty. 22% reported to be willing to take their children to an institution (temporary care) which offers at least a daily meal for their children. Single parent families: Data from National Association of Orphans show that about 12,000 children all over Albania come from single parent families and live in extreme poverty. According to this Association, they are more located in regions of Tirana, Durres, Berat, Vlore, Lezhe, Fier and Elbasan. Young and inexperienced mothers There are an increased number of pregnancies out of wed lock and lack of community based services to provide support for families at risk. Data from an analysis report of Bethany Social Service, conducted with young pregnant women, expecting babies out of wedlock, reported that:  Out of 46 young pregnant mother interviewed, 47% reported experiencing harsh form of violence from child father.  Various personal and situational factors contribute to taking a decision of child abandonment. Un- employment and housing are two determinants factors contributing in the decision. The first who decide on the child placement in alternative care are mothers with low educational background and unemployment rate (13%).  Decision making on children abandonment depends upon mother’s age. Child abandonment is at high rate at mothers aged 25-30 years.  43.5% of young mothers seek to reunite with child’s father  17.4% experience shame to abandon their children. Young Roma mothers experience more shame and feel more prejudiced to abandon children in comparison to other ethnicities (See Table 1.4).

19 Statistical Bulletin, No.3, INSTAT, 2006 20 Social assistance and child poverty reduction impact – Analysis report (still in process) 9

According to Strategy of Social Services, defined vulnerable categories are: 1 Orphan children without parents, or with a single parent, that do not live in institutions 2 Abandoned and street children (this category includes, in particular more children from the Roma community or from poor families and those with social problems) 3 Trafficked children 4 Working children 5 Disabled children

Street children There is no accurate statistical data for children living in the streets. It can be stated that most of the children working on the streets come from families with difficult social background, living with poor income and part of them are without parents or live in single parent families. Majority of children are not attending school or drop out because they start to work at early age.21

From 2002 Living Standards Measurement survey carried out by INSTAT the majority of working children aged six to fourteen live in rural areas and are engaged in agricultural activities. Overall, 9.8% of children aged 6-14 engage in work. The majority of these children continue to attend school, although some 8.9% have dropped out22.

In 2003, data provided by the Ministry of Labor, Social Affairs and Equal Opportunities indicated that about 2.000 aged up to 17 years were beggars, washed car windows, were traveling vendors, or collected tin cans at waste disposal sites. According a study of ILO/PEC in 2004, majority of children working in the streets is those aged 12-17 and 82% of them are males working averagely 7 hours per day. From Terre des Homes report23 (April 2007) there are 183 children across Albania begging in the streets, 114 males (62.3%) and 69 females (37.7). It is impossible to have accurate data due to fast moving of this target group from a place to another during different seasons.

Trafficked children According the most recent estimation, around 5,000 unaccompanied children have emigrated in Italy and Greece during 1991-2004.24 According to CRCA report on trafficking topic in Albania, children most at risk are those aged 5-18, coming from families with low socio-economic status; who have dropped out school; have ambient tardiness and without optimal development according to their age.

Children affected with HIV/AIDS There is no accurate statistical data on children at risk affected with HIV/AIDS. Recent data from Partnerships in Health organization is that 27 children affected with HIV/Aids are under treatment. Recently, Albanian Government has adopted a new law no 9952, 14.07.2008 “On prevention of HIV/AIDS” which foresees measures on HIV and AIDS prevention, treatment and support for children and individuals in- fected with HIV/AIDS. Actually, there is no supportive program in place at local or central level for children and families exposed to HIV AIDS.

More detailed information on vulnerable children, challenges and problems they are faced with is in section no.4 of this report.

21 (Report on Child Labor and Street Children in Albania/ Children’s Human Rights Centre of Albania, 2005) 22 INSTAT. Living Standards Measurement Survey, 2002. Quoted in People and Work in Albania. 2002. 23 Unpublished report 24 Assessment of needs and social exclusion. Roma people in Albania, UNDP, 2005 10

4. OVERVIEW OF CHILD RIGHTS VIOLATIONS IN THE TARGET GROUP

When children are poor and out of parental care, they are inside a cycle of marginalization. Information is provided from interviews with directors of institutions, organizations that work for children without parental care and through the review of different studies and documents with a focus on children without parental care.

4.1. Non-discrimination area (CRC art.2) Main child Specific risks and problems Causes for child rights violations rights violations Children are facing Number of children with moderated or Lack of structures that support moderated Stigmatization grave disability is relatively low in public or and grave disabilities, inside social wel- non public social welfare institutions25. fare institutions for children without parental care. Low number of disable children is because of 2 reasons :( a) this category is supported Lack of capacities in public and non pub- in cash (disability support), relatively in lic sectors for the care of disable children. high levels and (b) there is refusal to admit In Albania there are 6 residential develop- them in social welfare institutions or devel- ment centers. The directors of these cen- opment centers. ters say that there are requests for place- ments of disable children in social welfare Priority is given to those cases where dis- institutions, but the requests are rejected, able children are abandoned or their par- because there are no free places. ents/caregivers passed away. In a decision of government council, No. 209, date 14.04.2006, it is stated that “In infant and child homes, dystrophic or disable children are not admitted, even when criteria for placement is met. Institutional form of care is already known for the effect it has in the marginalization and stigmatization of children placed in them. Children lack full participation in the social life during and after care, they are de- Institutional care type of children. prived from the emotional life and the intel- lectual, social and cognitive development is not according to their age impeding them to Self victimization of children as psycho- create long term relations with others- this logical defense mechanism has a negative and long term effect even in their life as adults Data from SSS shows that number of chil- HIV/ AIDS dren with HIV/AIDs is low- only one case Low level of information on HIV/AIDs (in Durres). and about the treatment of people with Despite admissions in institutions, care- HIV/AIDs. givers express fear and concern for themselves and other children. And even though it is not reported discrimination, expression of fear and will to move them into other social welfare structures shows for behaviors that marginalize this category of children. Children that live in public and non public It is lacking a social policy that deter- Discrimination social welfare institutions do not share a mines the model of care in accordance in institutions model of care of the same quality. with the situation of children.

25 Report from SSS. Developmental centers providing services for disabled children, report to support in their structures 16 children without parental care, aged 0-15 11 Children in residential institutions, mainly Standards are not sufficient to provide in public ones, live in structures that provide equality in care, for children that share the care to a great number of children and are same social, economical and health situa- far from being a family environment. In tion. these institutions, placement of children according to their age, causes the separation of brothers and sisters, while the principle of preserving the family (siblings together) is respected in structures directed from NGOs (such as SOS Children’s Villages, Albania) Children over five year old26, disabled chil- Rehabilitation structures for disable chil- Discrimination dren and children from minorities are in dis- dren are limited or even when they exist, in adoption advantage in regard to adoption within the they have limited capacities. country. There is not support for adoptive parents, Children that are in public structures, have when they adopt disable children. Lack of more chances to be adopted, when they are support policies, lack of rehabilitation declared abandoned. This is not happening structures and schools, discourage adop- in structures headed by NGOs. Lack of pro- tions within the country for this category. fessionalism in the preparation of files and Discriminating culture of the society to- in the documentation of abandonment pro- wards minorities, mainly Roma and Egyp- longs the time for adoption, which is not in tian. the best interest of the child.

4.2. Survival and Development area (CRC art.6-8, 23, 27-29) Main child Specific risks and problems Causes for child rights rights violations Children are facing violations Children at risk – poor children – higher Malnutrition, non-proper living conditions, Birth level of infant and child mortality. undrinkable water, and lack of health care Registration and low educational level of mothers. There are more at risk poor children of rural areas (indicator of infant mortality in 2007 is 12 per every 1,000 children born alive). Children of public institutions, with a higher number of children under care, have higher levels of death. In 2004, there were reported 3 deaths of children in public institutions (in Shkodra, Vlora and Tirana). The deaths report in this year was higher compared from the other years and the main factors were delays in medical treatment. Reports from UNICEF27 show that 2% of children (under 5 years old) are not registered in civil offices. A considerable number of children from minorities are not registered, and they are `in- Culture of the community visible` children for public structures of health, education, and social services. A number of children without parental care (children abandoned since birth) have regis- Deficiency of local government tration problems, because of the negligence of parents or lack of data about motherhood and fatherhood.

26 Data from AAC 27 Referral period is 1999-2006 12 Director of the institution, in infant home 0- 6 years old in Shkodra, tells that: “two of the children were registered in civil offices, when they were admitted in the institution at the age of 3 years old. This phenomena is encountered in almost all institutions, when the children are abandoned or when parents have problems of mental health” In Don Bosco center, in Tirana, about 20 Low awareness level of parents on the im- poor children from minorities are referred portance of child registration. in legal centers, to register them in civil offices and then in school...... there are 38 cases presented in court and waiting for the declaration of abandonment or registration in civil offices (...extracted from the report of AiBi in 2007.

Actually, material stimuli are applied to mothers giving birth to children and that register children in civil state offices. The initiative of UNICEF& local authority to entitle to families who undertake the procedure of child registration an amount of 5.000 lek (app.45 euro) was not fully achieving its goal and being successful with this regards (Alternative Report, 2009)

Poor children, children from rural areas and Quality health services are not in place in Right to health disable children are more exposed towards rural areas. In the poorest areas, there is care health problems and are less covered from lack of qualified health personnel and phar- public health services and free of charge/re- macies as well. imbursed services from the system of health System of public health services is con- insurance. nected with the system of health insur- Because of difficult living conditions – a ances. Free of charge services or reim- poor mother tells – my children get ill fre- bursed medicines are provided only to cate- quently. I have to pay every time I visit gories of employed individuals that pay the them. Medicines are not reimbursed and I contributions and to their children under do not have money to buy them. I have eco- their care. Rural areas that have a low level nomic assistance from the commune, but it of participation in health insurance and is only 2,700 ALL per month. What can I poor families that have unemployed par- buy with them? ents or work in informal sector do not benefit from free of charge services. Low awareness level of the mothers, which Health care is also neglected because of low is related to the lack of information, low awareness level of mother on the impor- educational level or depends from the men- tance of early care. Although Albania has tal state of the mother. high level of the immunization of children (98 %), cases of immunized children are among poor children of rural mountainous areas and from Roma community.

Poor children, children from Roma commu- Cash support programme (economic assis- 13 Right to nities have a living standard that impedes tance) covers only a part of the basic needs a standard them to have a proper development, partici- related to nutrition. This help does not sup- of living pation in the compulsory educational sys- port in a differentiated way poor families tem and in the social life just like their with children and in accordance with their peers. needs and it is not combined with additional social services to release economic problems, including also the prevention of children institutionalization. Children who have lost their parents can not benefit from the social insurance payment if their parents have not paid their contribution of social insurance for about one year before their decease. (Source: Alternative Report,09)

In most of the cases, the low living standard obliges parents to seek help to their relatives Actually there are initiatives with support or to place their children in social welfare services for poor families (Community institutions. Center of the Families and Children-Mu- nicipality of Tirana and Family Strengthen- “I have made a request to place my two ing Programme-SOS Children Villages, younger children in orphanage- tells a Albania), but they are insufficient to cover Roma mother – because I do not have any- the needs, because they have a limited geo- thing to feed them and I live in a barrack. graphical area and there is lack of financial In the orphanage, conditions are better, resources to maintain the services in exist- they will not get sick, and they will take a ing areas or to expand the services in other school or vocation. areas where there are needs. Insufficiency of housing programmes for poor families risks the health and increases the number of poor children and those from Roma minorities that live in very difficult housing conditions and are threatened from the cold of winter and hot of the summer. Right to social Children from divorced families, children Poverty and unemployment protection from parents having problems of mental Low level of the awareness of parents on health, children from mother-girls, and the harms that bring privation of children those from Roma community are most at from the love of the family and their aban- risk of losing the care of their families. donment in social welfare institutions. Children are often placed in institutions or Non-application of the legal obligation for there are requests to place them even be- financial support to children (in cases when cause of the lack or insufficiency of support parents are divorced or are in emigration). with social services (education, health, social protection, and housing) to poor fami- Insufficiency of preventive and supportive lies with children. services for children that are at risk of losing the parental care. Insufficiency of active employment policies for categories in need such as: single parent families headed by mothers or girls being mothers.

Poor children and those placed in social Poverty and insufficiency of support to Right to welfare institutions are deprived from stim- children that suffer negligence from public development ulating interventions of parents, especially care structures such as: day centers, kinder- the mother, during their early childhood. garten and nurseries, entertainment and Neglect inside the family and placement of recreational centers. Lack of information of children in social welfare institutions have poor parents about parenting, lack of op- 14 harmful effects in the development of the portunities to pass time with children, lack children. Neglected children and those of books/toys or entertainment centers in grown up in residential institutions mani- the community impede the psychosocial fests behavioral difficulties, lack of concen- development of children and optimizing of tration, confusion, psychological disorders, their potentials. which have a negative effect in their education and the quality of life they will have as adults. During interviews with directors of institu- Residential institutional care system in tions (including SOS Children’s Villages, public structures dominates. Albania), it is stated that despite the support of children in institution and at school with teachers, they have low academic per- Establishment of stable bonds with the formance and only a few of them are suc- caregiver is not possible in social welfare cessful. School results are lowers in public institutions; mainly the public ones because social welfare institutions and more en- there are a high number of children per couraging in family type institutions. caregiver and institutions are changed according to age. On the other hand there are Marginalization of children is increased af- not provided to children examples of mod- ter they leave the social care. els or roles, because of living in structures where the mother or father figure is lack- Adolescents and youngsters with a care his- ing. tory from public residential institutions manifest the worst forms of results when they leave the social care: they have a low level of education, they are unemployed, they manifest risky behaviors, they are homeless, and this situation is even when they are adults.

Right to educa- Net registration level in the compulsory ed- tion ucation system is (2000-2006) about 94 %. Number of children in school aged 6-18 is 627.509 Right to primary education Actually, there are no preschool education- 1.9% is the illiteracy level of children in al facilities in the poorest area of the coun- compulsory educational level28. try

Poor children of rural areas and children from Roma minority have the highest level In general parents register their children in of nonattendance of school or school drop the same community where they are born. out. Only ½ of Roma children frequents However, children from migrated families pre-school education and the compulsory frequently have no birth certificates or oth- one er legal documentation and as a result are unable to attend school. Only 13.5% of Roma Children aged 3-5 Low educational level of parents is not en- years currently attend pre-school education. couraging for the education of children 54% of Roma children of compulsory About 70% of Roma children admit that school age (6-16) have not yet completed a their parents are unable to assist them with single school grade. their home works (Source. Study Report 2007, Human Devel- Parent’s unemployment correlates with opment Center) children’s low academic performance at school.

28 IAS report 2008 15

Poor children and Roma children suffer the consequences of discrimination in education, which is manifested in: lack of differentiated support, neglect and offense in Overpopulated classes in urban areas do some cases also from the teachers of the not support the differentiated attendance of school, isolation and social exclusion from pupils with learning difficulties. peers. Discriminative and prejudicial culture towards children coming from minorities. 90% of Roma students admit being labeled gypsy/ black. 46% of Roma students admit that they are assisted less by their teachers compared to other non-Roma students. Ministry of Education has undertaken positive steps for the education of children Drop out phenomena from Roma minorities, by registering them in school although they do not have a registration document.

Many children drop out school to start working for their families (earlier than the law allows to) particularly in the rural areas. In 2007 World Vision Albania reported that rural girls faced additional pressure to leave school because families did not see a value in high school education for girls and due to security concerns of girls com- muting to high school in a larger town.

Social economical status of families. Chil- dren from poor families have less access to education. According to a report of IAS, it is indicated that children dropping out school come from families with low income (less than 250 euro/month).  9% of children in North Albania (app.1450 children) are forced to drop out school. 17% out of this group live without their fathers and 6% live in families where mother is missing because of death or divorce causes.  18% of fathers and 11% of mothers, whose children have dropped out school, suffer from health illnesses that unable them to work  Children most at risk of dropping out school come from families where one of the parents hasn’t finished compulsory educational system (73%)  A report of ILO/PEC in 2004, shows that 40% of Roma families Children in public institutions and 43% of Egyptian families Although children out of parental care in so- force their children to work and cial welfare institutions attend the compul- consequently drop out school 16 sory education, they have a very low level of academic performance, which is strongly related to the type of care. Attendance level of middle school (or professional) is low, mainly connected with the prolongation of time under care and the development of a Residential care type or emotional prob- profession lems (caused by family traumas) have a negative effect in learning and schools re- Children with special needs sults. According to MICS 2005 in Albania, about 11, 1 percent of children of group age 2-9 years old manifest at least one reported dis- Actual public educational system for disability. This data is high and affected by able children does not fulfill the needs of health, social and economic factors. this category. There is a lack of educative Disable children without parental care or at plans for disabled children in most of the risk of losing it have limited access to edu- educational facilities. (Alternative Report cation, because of lack of education struc- 2009) tures for disable children. There are a limited number of specialized Limited number of schools in Albania schools for children having light or moder- shows that the right for education of disable ated disability, but these schools are locat- children is violated and they are denied the ed in some of the main cities in Albania. opportunities for integration in the econom- There are not structures inside normal ic and social life. schools to support children with slight learning difficulties or with special needs. Insufficiency of specialized schools for disable children. Despite improvements in the structures of public schools, there exist architectonic barriers that deprive disable children from the right of education.

Actually Ministry of Education has undertaken an initiative to encourage the education of children in need/poor or disabled ones, by providing free of charge books in schools, implementing special programmes such as ”the second chance” or integrated schools( including children living and working in the streets, in blood feud) Children with learning difficulties According UNICEF data, 11% of children aged 2-9 years manifest vision and hearing difficulties and as a result face learning dif- Non-application of support systems for ficulties. children with learning difficulties and special needs through free of charge courses or “My son has difficulties in school; he can summer schools. not understand subjects as the others. I can not help him, because I do not have enough About 90% of Roma Children admit that education. My son does not like school and they do not attend any extracurricular friends (some of them) tease him, make fun course or subjects they have difficulty of him, when he does not reply properly in with. school. I can not help him with private teachers, as other parents do. I am striving for food- tells a poor mother, heading the family.”

Play and entertainment are important for Poverty makes the family to orient the ser- 17 Right to leisure, children. vices only in fulfilling children’s basic recreation and need such as nutrition and parents have low Poor children and those from Roma minori- cultural knowledge on importance of play in child ties have fewer opportunities to play with activities development. toys or to entertain themselves in child friendly environments equipped with toys Lack of entertainment and recreational en- according to their age vironments for children, nearby their living place or school. Lack or insufficiency of entertainment and cultural activities in school. A number of children need to work to help the family. Poor families and those from Roma com- Poverty and lack of support with income Right to munities live in inappropriate and overpop- for housing in social protection pro- Housing ulated houses. gramme.

About 30,000 families are in urgent need Limited resources of central and local gov- for housing. Among them, there are many ernment in covering the housing needs of families with children. families and groups with the status “homeless.” In public residential institutions, the building and the internal environments are inappropriate and unfriendly for children – bed- rooms are shared between 4-6 children of the same group age and living rooms, although reconstructed, are huge, and far from being a family environment. Residential care type with a great number Exit from social care (at the age of 15+ of children in public social welfare struc- years old in public institutions and 18+ from tures that is mainly, because of the lack of structures directed from NGOs) is not ac- good will to adopt these structures into companied with the provision of housing smaller and similar models of family hous- from public housing structures. A great es. number of youngsters with a social care history suffer lack of housing since many years. Right to life Caregivers, in public or nonpublic residen- skills training tial institutions, report that children are en- Family based care and longer period of abled in fulfilling daily personal needs. preparation and support applied in family When they are 15 years old, they start to de- type structures more than in structures of velop skills necessary for the independent public residential institutions, provides the life. Despite preparations, from the evalua- necessary skills to face the daily needs. tions of youngsters with social care history (SOS, 2009), it resulted that deficiencies in the application of the daily life skills were higher in the group with care history in public structures.

4.3. Protection area (CRC art.5, 9, 19, 20, 37) Main child Specific risks and problems Causes for child rights rights violations Children are facing violations Lack of support to poor families, separation Poverty and separation of families. Right to live of the family (divorce, emigration) have in- Bonds inside the extended families are with parents creased the number of children that are weakened. placed temporarily to relatives or social welfare institutions. Cash social protection programme for poor families is insufficient to cover the basic There is decrease of abandoned children 18 since birth and of biological orphans, but it needs; actually the average monthly eco- is noticed an increased number of children nomic assistance for poor families varies from poor families, in temporary social care from 2000-3000 ALL per month and is in- in both public and non public structures. sufficient to cover the basic needs for nutrition. The right of children to be placed in appropriate structures in accordance with their needs and in the best interest of the child is Public supportive policies for families in not realized, because there are limited ca- need with children, are lacking (higher pacities of structures that provide family payments, health services, emotional sup- based care and the foster care is in an em- port, counseling etc) bryonic phase.

Information about children at risk of losing In most of the cases, although court deci- the care of their families is lacking from sions or those from the commission of State the local government. This information is Social Service try to respect the principle – necessary to know the phenomena, and to the best interest of the child, they are com- address preventive, rehabilitative, and pro- promised from the lack of alternative care tective policies and interventions. options, violating thus the right of children to remain in the family or to have care in a Preventative services for institutionaliza- family type environment. tion or abandonment of children are in place, but they are limited in number and A .is a 10 year old timid girl and with de- geographical area. Actually these services velopmental problems. She is not doing well are offered only from NGOs. There is only at school and she has learning difficulties. one exception from the Municipality of Her parents divorced when she was 3 years Tirana that has a center that supports poor old and her mother has her custody, who is families, with the aim to prevent abandon- married again. She placed A in a social ment or to reunify children with their bio- welfare institution because of economic and logical families (160 cases per year) personal reasons. The father of A. is in emigration. Both her mother and father have SOS Children Villages Albania supports not shown interest towards her, while the 547 children in the framework of Family adoption in the country is difficult because Strengthening Programme in Shkodra and of her age. Tirana cities. Institutionalization of children is also in- Bethany International Services offers sup- creased because of legal problems and ap- port for children at risk of losing the cus- plication of improper practices related to the tody of parents and support girls becoming declaration of children as abandoned. mothers during prenatal and postnatal period. This violates the right of children that the placement should fulfill the needs and it has to be reviewed periodically. Association Islamic Relief support finan- Temporary placement of children for a peri- cially, but not only, about 500 orphan chil- od of 5 years does not make sense and dren in Tirana, Shkoder, Kavaje, Elbasan, harms the child. Review of the status of Durres, Malesi e Madhe. children once a year (not every 5 years) is necessary. Lack of cooperation with local administra- There should be applied the removal of tion and structures; deficiencies in informa- parental custody when, parents manifest be- tion about the number of children at risk of haviors that are risky for the return of chil- losing parental care dren in their biological families.

The courts often delay the court processes for abandonment declaration (38 cases in Legal problems and application of prac- 200729), because of the lack of registration tices that do not support the best interest of of children in civil offices or it can not be the child.

29 From Ai.Bi Report, 2007. 19 declared the abandonment for reasons that can not be considered as “obvious interest Clearer definition of “obvious interest” of parents” (such as a phone call or a letter per year).

This right includes not only the right to Laws do not pay much attention to this Right maintain contacts with parents and relatives, right. to regular but also mutual informing (child-parent). personal Lack of contacts with social administrators contacts with in municipalities and communes, responsi- The right of the child to contact with family parents and ble to keep track of families’ progress. is well respected in public and non public close relatives Lack of active role of social administrators residential institutions. There are separate (appointed body within the local govern- premises at disposal for families to have ment) to assess family needs, ensure con- meetings with their children (parent meeting tact with relatives and provide support dur- room); a telephone is available in cases ing the period children are in care. when parent lives at long distance. Children are encouraged to have regular visits to close family relatives in cases they are Lack of post monitoring and evaluation pe- near the location and when relatives live at riod after period of child reintegration in long distance far away, children have visits the biological family. 3-4 times per year, for 1 week or 1-2 months.

Although the relationship child-parent/rela- Lack of financial assistance and support to tive is reported to be good, the biological cover expenses of families in order to sup- family who should be an active partner in port children’s contacts with their biologi- care process and preparation of child perma- cal families nency plan is not well involved in the process and consequently the future child integration to biological family is not well evaluated or is not realistic in terms of this plan.

It is not possible for children to be settled in care structures that are geographically near their place of origin.

There are difficulties from families to afford high expenses of transportation and accom- modation for visiting their children, taking Public institutions situated far away from into consideration that these children are place of origin of children, taking them part settled in care structures geographically far from family environment. away from their place of origin. Right to be with Once a child is placed in public care, little Restructuring of public institutions in ac- siblings efforts are made to put siblings together. As cordance with the age of children impedes a result, in most of the cases the families siblings to stay together. disintegrate. Inappropriate system in place for provision When one of the children has moderated or of services for children with special needs grave disability then he/she is sent in child to protect siblings from being placed away. development centers.

E. is 16 years old and is currently living in one family house in Shkodra City. She has 3 sisters and brothers, from whose two live in a public institution in Shkodra, and the youngest sister lives in a public institution in Vlora City (placed since she was 17 Lack of a clear social policy enabling sib- months old). She is saving money to visit lings stay together. 20 her youngest sister in Vlora. ”We don’t want to be far apart. For my youngest sister is even more difficult and challenging. She is unable to understand the situation and the distance in between is negatively affecting her”

SOS Children’s Villages offers a positive model in this prospect, but it falls short in cases of disabled siblings.

There have been few cases of adoption of one of the siblings bringing losing of contact and connection of brothers and sisters

Right Children from poor background, from one High level of unemployment and poverty to protection parent family and Roma ethnicity are in- predispose negative disciplining behaviors. from abuse, ne- creasingly exposed to violence, abuse, neglect, glect and exploitation violence and ex- Although training is provided to structures ploitation Data of 2005 showed that one in two chil- in place (public school, policy department, dren aged 2-14 years old, are exposed to justice departments and social services), psychological and physical forms of punish- there is a poor coordination and considera- ment by their parents or relatives. tion with priority to child abuse, violence Children from poor families have the high- and exploitation. Also, there is a lack of est records in this regard, 15 % of children clearly defined procedure criteria for iden- were exposed to psychological form of pun- tification and referral of child abuse report- ishment, 57% have experienced slight ed cases. physical form of punishment; 11% of chil- Consequently there is low record of cases dren severe physical form of punishment. of child abuse and violence reported out. For children from families with high income level, the figures are respectively 1.7, 1.4 and 1.9 time lower. Few services in place for prevention, reha- Source: MICS 2005 – INSTAT bilitation, and protection of children victims of abuse, violence, and exploitation.

Data from MICS 2005 is showing that about 12% of children aged 5-14 years old are involved in paid and unpaid out of home labor Insufficient shelters and services in place activities, and 10% engage in familiar busi- (permanent or emergency places) for chil- nesses. dren victims of abuse and violence. In rural areas, child labor is 4 times higher Lack of financial coverage by government than in urban areas, and for poor children 10 regarding issue of abuse and violence. times higher in comparison with children Low role of government to financial contri- from families with high income. bution. The actual services are funded mostly by Report from Ministry of Internal Affairs external donors. show that during 1992-2002 years, approximately 4000 children have been victims of There is a lack of focus of local govern- trafficking for exploitations in neighbor ment for assessment of categories most at countries, Greece and Italy. Meanwhile data need: poor identification of target at need, referred from Italy and Greece, report a lack of information and statistics, and no highest number of trafficked children for initiative promoted to building of new ser- exploitation, begging activities and organ vices and encouraging network of service transplant. providers for prevention, rehabilitation, and protection. Majority of Roma children are forced by their parents to work on the streets (engaged mostly in begging activities, washing windows care and collection of tin can as waste 21 disposal sites) Long stay in streets, in hot and cold weather predispose increased risk for illnesses and sudden death

X. is a girl born out of wedlock and abandoned by her mother at 6 months old. Up to 12 years old, she was raised by her uncle, who decided to make the request for placement of the child in public residential institution, where she lives nowadays. X. manifest consequences of abuse and neglect. It is very necessary a deep assessment of her situation and investigation regarding relation- ships with care persons.

Historically speaking, cases of child abuse and violence have been reported out in public residential institutions. In 1993, in Shkodra orphanage (6-14 years old children), children were severely abused and forced to fast during religious holidays. In 2005, in “His Children” Centre, cases of sexual abuse were reported out.

Physical violence in public residential institutions is at higher rate than violence toward children at their biological families and school. Approximately 50% of children in public institutions report to have experienced physical punishment. Source: Human Development Centre/UNICEF. Children violence in Al- bania, 2006

Provision of care standards for children, li- censing of service providers by MLSAEO and establishment of monitoring bodies from the Social Inspectorate has minimized flagrant/gross cases of abuse and violence.

Generally, children coming from problemat- ic families, divorced parents, remarried parents, families with social or mental health Lack of initiatives increasing child rearing problems, are more at risk of being abused capacities of parents at risk or at need ( for (Child Abuse Report, CRCA 2006) example parenting classes, mother –babies units, family centers& counseling, etc) (Source. Alternative Report 2009 )

4.4. Participation area (CRC art.12, 18, 23) Main child Specific risks and problems Causes for child rights rights violations Children are facing Violations Patriarchal family mentality, according to Right The opinion of child is not taken into con- which children are not seen as actors in de- to express sideration regarding process of decision- cision making. In majority of cases, espe- opinion making, especially reported from children cially in Roma ethnicity, decisions regard- of Roma ethnicity ing children are made by the head of the family. 22 Low level of knowledge about rights of children by family members and children themselves.

No system in place for strengthening children regarding their participation and enable them to “have their say”

There is no specialized child friendly unit in Ombudsman Office

Children’s opinion and preference with re- Lack of after care supportive services and gards to secondary education is not taken low academic performance of children, into consideration. forces educators, and professional staff to The decision-making for secondary school take decision not in accordance children’s is imposed to choice of vocational schools, desires. sometimes without consideration of children’s will but picking up of schools with dormitories.

“I wanted to go to high school, but my edu- cator and social worker opposed the decision. They advised my registration on a vocational public school, Hotel and Tourism Branch. According to them, this is more relevant because it provides more financial resources for me in the future” Source: Girl, 14 years old, Children’s Home, Tirana

There is no effective mechanism for chil- Inefficient complaint procedure in place. dren to address complaints. In public resi- There is a need to establish an independent dential institutions there are child friendly complaint mechanism out of the institution. complaint boxes where concerns might be addressed, but there is no clear data on No preventive mechanism or structure at number and concerns addressed by the com- disposal for assessment of situation of the plaints, up to now. child through confidential interviews, peri- odic visits etc.

Right to use ser- Children from poor background, rural areas Lack of preschool educational services vices for chil- and Roma community are less attending available for children in rural areas and dren preschool education as a result of lack of Roma community crèches and kindergarten in place

Poor families tend to neglect their children, Lack of daily care centers for children in by not being able to provide optimal care to need and children with special needs. them. The daily challenges of life and stressful events unable them to take care of children starting from non fulfillment of basic needs. Right to Participation of poor children and those Low educational parent’s background and participation from Roma community is not promoted. high level of poverty. Biggest part of children working in the streets is enforced to break peer relationship Lack of traditions and culture to promote and tend to experience more inferiority. children’s participation Poverty disables children to active partici- 23 pation in internal and external school activi- Low level of awareness, information and ties. culture on children’s rights

Children in care report to be more involved in care processes but they are isolated from social exchange with their peers.

“I have friends here in the institution. But at school I have just one friend” – Girl, 13 Institutionalization of children enhances years old, Orphanage of Tirana. isolation/separation of children from their peers. 4.5 Overview of child rights violation in families at risk (Table 1.4) Families at risk from Family Strengthening Programme with minimal living condition standards (57.6%), lack of social and economical assistance (67.9%) are deprived to offer qualitative care to their children. Main risks children are faced with are:  Lack of or poor access to health care services (82 %)  Lack of entertaining opportunities and activities for children in their location (98.7%)  Negative and harsh form of discipline – beating of children (50%)  The opinion of child on decision making process is not taken into consideration (78.2%)  No access to primary education and difficulties to follow the study (20.5%)  No access to secondary education or difficulties to follow the study (17.9%)  Lack of necessary educative support (17.9%)

5. RESPONSIBILITIES OF THE DUTY BEARERS AND THEIR MAIN STRATE- GIES Albanian Government has undertaken deep reforms to transform the scheme of social protection that is relevant for the fulfillment of economic and social needs of children. In this context, the preparation of new social policies needs firstly the review of the existing legislation and the setting up of a new legal framework for some not tackled aspects of the protection of children rights within the poor and socially excluded families. This reform is happening in parallel with decentralization, aiming the increase of both: local authorities’ com- petencies and responsibility to provide services to citizens.

The rights of children without parental care and at risk of losing parental care can be defined in three main domains: (i) service provision (ii) protection (iii) participation30. Actually, there isn’t an existing Albanian law which provides legal definition of the” child”. The “child” “child” is only defined in the penal Code of Albania.

Domain Right according to domain International legislation National legislation31

1. Health and nutrition CRC (article 23, 24,27) Law no 8876, date

European Social Charter 04.04.2002, Article 22“On re-

e productive health” foreseeing c i issues of health for children v r aged 0-6. on reproductive e s health and on HIV/AIDS f o

Law No 9952, date n

o 14.07.2000 “On prevention i s

i and control of HIV/AIDS” v o r

P 2. Education CRC (article 28, 29) Law on pre university educa- European Social Charter tion 3. Information CRC (article17) Law no. 8410 date 30.09.1998 “ On public and private radio and television in

30 31 Main national laws 24 Republic of Albania” . There are still missing sub acts articulating explicitly the child’s right to information 4. Social protection CRC (article26) Law no 7703 dated European Social Charter 11.05.1993 “ On social insurance system in Republic of Albania” DCM no.659 dated 17.10.2005 “For the standards of social care services for children in residential institutions” DCM no. 195 dated 11.04.2007 “On approval of standards of social care services in residential centers for trafficked people or people at risk of being trafficked” Law no 9355, date 10.03.2005 “On the economic support and social services” Law 9062, date 08.05.2003 “Family code” Law 8153 date 31.10.1996 “On the status of orphan” 5. Housing CRC (article 27) Law on social housing, no.9232, 13.05.2004 n 1. Name, identity and family CRC (article 5, 7, 8, 9, 10, 16, Law no. 9695 dated o i t environment 18, 20, 22, 25) 19.03.2007 “On child adop- c e t Hague convention tion procedure and Albanian o r Committee of Adoption” P Law for civil state 2. Protection, violence and ne- CRC (article 19) Law no.9669 dated 18.2.2006 glect “On measures against domestic violence” 3. Protection from financial CRC (article 32) DCM 205 date 09.05.2002 exploitation European Social Charter “High risk working conditions” for children under 18 years old

4. Protection from trafficking, CRC(article 11, 33, 34, 35, 36, Law no. 7986 date sexual exploitation and other 37) 13.09.1995 “For the state la- forms of exploitation Hague Convention bor inspectorate” Convention of Council of Eu- “ Agreement of Council of rope Minister Albania and Repub- Convention no. 138 lic of Greece” Convention no. 182 ILO DCM no. 195 dated 11.04.2007 “On approval of standards of social care services in residential centers for trafficked people or people at risk of being trafficked”

5. Protection from forms of CRC (article 24,33) Law no.9669 dated 18.2.2006 violence European Social Charter “On measures about domestic violence”

6. Protection from armed con- CRC (article 38) 25 flicts Non compulsory protocol of UNO 7. Justice CRC (article 39, 40) Penal Code of Albania, 1995

n 1. Right to opinion and reli- CRC (article 12, 13, 14, 40) o i t gion a p

i 2. Right to free gathering CRC (article 15) c i

t 3. Right to leisure CRC (article 31) DCM no.186, date r

a 24.04.2002 “On assistance of- P fered to orphans in cultural and sports activities’

5.1. Duty bearers, their main responsibilities and constraints

Duty bearers Main responsibilities Constraints and obstacles in fulfilling responsibilities Ministry of Labor Ministry of Labor, Social Affairs and Equal Opportu- MLSAEO coordinates with other Social Affairs and nities is the main State Body responsible for social ministries and duty bearers at cen- Equal Opportuni- protection, including its mandate responsibility for tral and local level. ties poverty reduction and social care of groups and indi- This partnership bears problems of viduals in need poor coordination Social State Ser- SSS is responsible for the implementation of the poli- The decentralization process is vice cies of MLSAEO slow in this regard.  Programs and monitors fund use  Drafts standards of services and proposes the approval of new ones  Analyses the need for social services as well as the excluded social groups

The SSS is administered and directed from the Coun- cil of Administration, which is the higher decision making body. Albanian Adop- Main duties of AAC are the acceptance of the submit- Sometimes the best interest of the tion Committee ted requests from Albanian and foreign families that child principle is violated by a not wish to adopt children, drafting of list of infants that clearly defined “visible interest of can be adopted inside the country, collaboration with the child” in the legislation licensed public and private service providers and maternity hospitals through official agreement. Challenges in regard to cooperation with public institutions and preparation of necessary documents and sending of files and data.

Adoption within Albania is realized without probation period

Lack of a Court of Minors to review and prioritize cases of child adoption Intra Ministerial It is the highest responsible authority which provides There is a lack of or poor partner- Committee on monitoring and reviewing of national strategy of chil- ship with actors of civil society. children’s rights dren and respective action plan The Intra Ministerial Committee It creates relevant monitoring and assessment mecha- acts under the framework of Min- nism in place and establishes measurement indicators istry without established coopera- for monitoring and budgeting. tion with stakeholders and service providers on child care field.

In the view of bearing difficulties 26 of poor coordination with other structures at central and local level in terms of data gathering its role is weakened and passive with this regard.

Technical Secre- It is an administrative body proposing policies that re- No system of mutual information tariat for Chil- late to children’s rights. The technical secretariat is to exchange with local government. dren monitor the progress of implementation of the Na- Actually, some efforts are being tional Strategy for children and its action plan and made to establish a statistical sys- raise awareness of duty bearers on dimensions of tem with/between respective sec- challenges children are faced with, especially children tors at central and local level. suffering social exclusion. It identifies problems and institutional weaknesses Referring to legal provision, local that impede implementation of the legal provisions. government is the responsible body for implementation of na- One of the latest priorities (2008-2009) of Child tional strategy of children but due Technical Secretariat is preparation of child legal to low capacity and lack of re- framework and definition of relevant referral and pro- sources, actually there are no child tection mechanism and responsibilities of actors in- rights structures within the local volved. governmental departments.

Maternities Abandoned children in maternities (in case parents In some maternities, there is lack are not recognized) are provided with care by medical of a social expert to ensure com- staff till the decision of his/her placement in a public piling of necessary documentation residential institution for children aged 0-3 years is for child placement, link to gov- taken. ernmental unit, link to biological and close relatives.

Only in the maternity of Tirana, there is a multidisciplinary group offering services for abandoned children, comprised of social worker, midwife, nurse, doctor, social worker, etc.

Lack of database on number of abandoned children

Municipal child The child protection Units are established within the No evaluative analysis about role protection unit administrative structures of municipal social services and impact of CPU’s with regards under a memorandum of understanding between re- to fulfillment of children’s rights. spective municipality and the implementing NGO.(13 They are not functioning in all CPU in total) cities of Albania. The CPU’s have three main functions ; to asses and monitor the situation of children and families at risk, to coordinate local level protection referral and response and to conduct identification and multi-disci- plinary case management of the most urgent cases

Families Biological families have responsibilities and right to There needs to be a much greater provide care, protection, and education to children recognition of the need to support born in or out of wedlock. parents in the parenting task at all levels of national governance; Preventive work and early intervention strategies in situations of risk are crucial; Non-violent parenting should be 27 promoted, incorporating the use of alternatives to physical punishment into parent support programmes Parent support should be an integrated part of policy development; Loss of a relative and close person brings depression and lack of cop- ing skills that impact child’s development and situation. Source. Interview. Representative of Religious Organization providing services for families at risk Local Govern- According to the law “On the organization and func- No system of identification in ment tioning of local government”, local authority is re- place for families at risk sponsible of delivery of economic assistance to the families and individuals in need and drafting of com- Lack of legal definition of “chil- munity development plan based on needs and local dren at risk of losing parental priorities care”

Lack of coordination with other lo- At local level there are social service sections/offices cal public and non public actors with an expert named social administrator. The Social providing services for children Services Law provides a wide range of social functions for the Social Administrator, including the coordination and delivery of social care services. Howev- er, practice assessment reveals that the Social Admin- The role of communal/municipal istrator’s role, in practice, is usually limited to the ad- Social Administrators in identify- ministration of economic assistance and disability en- ing child protection concerns, titlement. proposing an appropriate response and admissions to residential care are not clear, particularly to the In addition to the post of Social Administrator at the Social Administrators themselves. municipal/commune level, two additional structures It is important that a clear job de- relevant to the child protection system presently exist scription is agreed for Social Ad- in a number of municipalities. The first structure con- ministrators, with a clear role in referrals to social care services sists of UNICEF-supported municipal Child Protec- tion Units, whilst the second is the ILO/IPEC-sup- Low progress is made to develop- ported municipal Child Labor Monitoring Commit- ing a reform in relation to service tees structure. Both of these effectively function as purchasing and gate keeping in lo- referral mechanisms. As such, they are discussed in cal level Part Four of this Section, below.

State Police de- On the central level and the Anti-Trafficking Section The police sector is also in need of partment on the regional level, it makes referrals of asylum improved guidance and training. seekers and victims of trafficking (including children) There is the need of the develop- to the shelters for the protection of victims. This is ment and dissemination of a na- conducted in collaboration with the local government. tional protocol for support and assistance to child victims and wit- nesses or crime and powers for police to take emergency protective action UNICEF Areas of UNICEF country programme in Albania are: social policy, information and advocacy, children’s health and development, Child, youth and family pro- 28 tection. At the moment UNICEF is involved in foster care and in designation of an integral law for children in cooperation with MLSAEO Increase social responsibility through funding several Poor coordination with NGO’s Donors social projects Most of donors in the country have functioned on the basis of “cliente- les”

5.2. Strategies on child protection of the state duty bearers

There are different national strategies designed to ensure child protection and children’s rights in the country. The main issue impeding implementation is lack of budgeting and cooperation between relevant and responsible actors.

Social Protection Strategy 2007-2013: aims at reforming the payment system and social services. The fields covered are reduction of poverty, improvement of payment in cash for families, extension of community-based services, piloting of foster care and consolidation of the services of home family type. Target: children living in absolute poverty, children living in deprived communities, remote villages and on the edges of major cities, Roma and Egyptian children, children without parental care, disabled children, trafficked children and children working in the streets.

National Strategy for Children 2005-2010 It is the most crucial and important document based on CRC and Albanian Constitution covering areas of child development, protection and participation, education. It defines the institutional mechanisms at central and local level on child protection issues and cooperation with relevant duty bearers: MSE, MCYS, MH, and MJ. Target: All the children Main actions foreseen for children without parental care are: setting up of new community based services for children in every municipality, provision of alternative services for children to prevent institutionalization, settip of special programmes to prepare youngsters for an independent life, implementation of foster care etc.

Foster Care Strategy 2008-2010 Foster care service will be piloted in two Municipalities and till 2013 it is aimed service expanse in the other local government units in accordance with the needs and financial resources.

National Strategy for Disabled People (2004 – 2014) The strategy foreseen prevention of disabilities through early assessment and treatment of emotional and behavioral disorders; ensures education for disabled children through, designing of a new school curricula for children, preparation of a practical guide, didactic material and integrating standards in order to support school; piloting of new school nearby the university in an integrated approach, creation of a multidisciplinary team to offer psycho pedagogical services for children, in integrated school and kindergarten. Target: Children 0-6 years old

National Youth Strategy (2007-2011) Developing recreational activities for marginalized children, children from minorities, children without parental care; free vocational centers for youngsters, etc

Sectional Strategy of Employment 2007 -2013 It addresses the issue of children working to provide income to their families. Main recommendation is to build vocational professionals courses for children.

National strategy for gender equality and domestic violence 2007-2010 The aim of this strategy is to determine institutional mechanisms for inclusion of gender related issues and prevention of domestic violence. 29 Policies Ministry of Labor, Social Affairs and Equal Opportunities is planning review of law No.8153 “On status of orphan” and new amendment of Law no 9355 “On social services and economical assistance” prioritizing services for children ageing out of care (aged 18-25). Efforts are being made to develop capacity building structures providing training for staff that offers daily care to children in public residential institutions.

MLSAEO cooperates with donors and NGO-s to develop community based services for children with disabilities. As a result of the cooperation, 6 family home types for disabled children are built in Shkodra city (north of Albania).

In all public schools across Albania, a decision of Ministry of Science and Education “On registration at school for children without birth registration/certificate” is applied. Despite efforts of MSE, a critical issue remains identification of unregistered Roma children. Actually, MSE is in cooperation with UNICEF, Save the Children and Human Development Center and Roma associations map- ping Roma children.

5.3. Cooperation between duty bearers

In partnership with Albanian Foundation for rights of disabled children and German Technical Cooperation (GTZ), during September – December 07, Social State Service organized training on standards of care for disabled children in all public and day care residential institutions. 270 experts from local government, NGO-s working on the field of disability, parents, and staff working with disabled children got trained on the topic.

UNICEF – In cooperation with General Police Department, qualification programs were enrolled on “Child Protection,” building capacities of staff of State Police Department on issue of rights of the children, treatment on policy department premises.

Social State services, supported by UNICEF offered training to professional staff of public residential institutions about child care standards. 150 experts participated in the trainings.

A manual on child protection is being prepared providing guidance and counseling to police staff on issue of children under imprisoning circumstances.

6. Regions in the county where there is the greatest need for the children and programs might have greater impact

Data from Social State Services, extracted from the official record book, shows that:  30% of children in care (public and non public structures) are from region of Tirana.  32% of children in care are from regions of Durres, Shkoder, Vlora, Elbasan.  24% are from regions of Fier, Lezhe, Berat, Kukes, Korca  14% are from regions of Gjirokastra and Dibra

Also, according to the Progress Report on National Child Strategy (May, 2008) most of the children already in care come originally from North and Central Albania.

There are missing clear data defining children coming from rural versus urban area, due to fast moving of rural population to urban areas. From interviews with stakeholders, it is reported that most of the request for institutionalization of children are from rural areas.

Data from LSMS 2005 shows that the poorest families are located in rural areas (55%) and 45 % in urban areas. Most rural poorest area situated in the cities of Elbasan, Shkodra, Dibra and Kukes. The poorest urban areas are those situated in the suburbs parts of the cities of Tirana, Durres, Lac, etc.

7. CONCLUDING COMMENTS AND RECOMMENDATIONS 30  There is no clear social protection policy to support children without parental care and provide services for supporting families at risk of losing care of their children.  There is poor specification and inadequate application concerning “reintegration of children without parental care.”  There is no legal definition of children being at risk of losing parental care and no system in place for identification of this category. As a consequence, there is lack of statistical and qualitative information, regarding dimension and expansion of children being at risk of losing parental care, throughout the region of Albania  Cooperation between different stakeholders, care structures, service providers, social assistance office, school, health system, and policy, functioning at local level bears problems of poor coordination.  Legal provision on child care lacks by law acts and articulation of relevant mechanism regarding: provision of necessary services for families in risk, provisions of alternative services; enforcement of legal obligation of parents toward children; procedure and system in place for reporting and treating abused and neglected children; supportive services for disabled children; no after care support to ensure the reintegration of the child in the family and society.  Lack of a clear concept regarding declaration of child abandonment. Some cases for adoption are de- layed and sometimes decisions are made not on the best interest of the child. Court for Infants is a priority of highest importance.  No welcoming emergency center for children in urgent situations ( abused, neglected, street children)  No independent, child-friendly complaints systems available to protect children placed away from their family environment  The legislation does not provide special and extra treatment for those children who are both disabled and without parental care  Law on Assistance and Social Services does not contain a legal definition of children at risk, a legal basis for child protection referrals, or a legal framework for addressing emergency child protection situations.  No professional expertise and specialized preventive services in place for children at risk of losing parental care.  Low level of awareness on children’s rights and enforced obligations for fulfillment of Convention of Children’s Rights in different and relevant structures (schools, system of public health, care structures)  Legal provision on child protection is fragmentized. Legislation is built upon sectional policies (education, health, social protection) not in alignment with the rights of the children. As a result, existing legislation doesn’t have any impact in minimizing “social exclusion,” but mostly foresees and limit benefit to the category being already included in the schema and as a result over represented. Due to lack of intra institutional coordination, low knowledge, and awareness on dimension and root causes, no policies are being designed, neither preventive programmes are implemented.

7.1. What additional services are required for children to grow in a caring family environment?

1. Developing supportive services for families at need to prevent child placement in alternative care, especially in rural areas that is showed to be most at risk. 2. Establishment of family planning centers and counseling for young and inexperienced mothers aiming to raise parental capacities. 3. Application of a clear strategy for reunification of child in the biological family and undertaking of an individual approach. 4. Developing appropriate services orientated toward poor families, single hood families, or single mothers and families reunified with their children. 5. Building up of daily community based services for children with special needs to ensure their rehabilitation and alleviating family situation. 6. Establishment of early intervention services to prevent aggravation of disabilities in children 7. Building up of family counseling centers 8. Growth of financial payment for poor families within the economical assistance program to assist better their needs 9. Active employment policies and implementation in place for poor parents. 10. Strengthening of kinship foster care as the best alternative place for children separated from their biological family 31 11. Awareness raising activities for parents to enable children growing in their biological families.

7.2. Actions to be taken by the SOS Children’s Villages, Albania in the country

 Encourage decision makers in central and local level for implementation of new policies and become active partner of development of a social protection policy for supporting families at risk.  Offering of best practices in the field of child protection and prevention of child abandonment  Undertake advocacy initiative ensuring improvement of legal regulations that prevent families to lose care of their children and protect them from exploitation, neglect and abuse  Introduce and share qualitative standards for child care (in SOS CV and Family Strengthening Pro- gram)  Expansion of supportive services for families at risk and family home based services in emergent locations.  Build capacity of relevant care structures in alignment with SOS approach for prevention of child abandonment.  Build allies and partnership with UNICEF and relevant stakeholders to better serve needs and rights of children without parental care or at risk of losing it.  Build awareness raising activities against stigmatization of children without parental care or at risk of losing it.  Encourage government to finance daily care centers  Encourage local government unit to conduct deep assessments of families at risk  Build awareness raising activities to increase social responsibility of business  Establish services for out of home youngsters 14-18 years old.  Expand services offered in SOS Children’s Villages through provision of short term placement  Establish projects within family strengthening programme as mentioned under section 7.1, points 1, 2, 4, 5, 6.  Establish educational projects for categories in need, as mentioned under section 4, point 4.2.

BIBLIOGRAPHY

1. Analysis of the Child Protection System in Albania, Professor Carolyn Hamilton, Steen Malby, Gwen Ross, April, 2007 2. Child Abuse in Albania, Children’s Human Center of Albania, August 2005 3. Unprotected Innocence – HIV/AIDS, Children’s Human Center of Albania, December,2007 4. Summary report of quality education on Balkan region, International Association for Solidarity, No- vember 2008 5. Pregnancy at risk – Report on prevention of child abandonment, Bethany Social Services, 2007 6. Women and children in Albania, Double Dividend of Gender Equality, Social research Centre, IN- STAT, 2006 7. Assessment of child care system and children without parental care, NACCS, October 2005 8. SOS Children`s Village- Albania- (2007)Children without parental care or vulnerable children, Policy issues, 9. Progress report on National Strategy of Children, UNICEF, MOLSAEO- (2008) 10. Alternative Report, On Child Rights Situation, CRCA(2004) 11. Overview of the debate on children without parental care and possible models of care, Kinder postzegels & Cordaid- (2006) 12. For the protection and alternative care of children without parental care, International Social Service & UNICEF- (2006) 13. Rights of children at risk and in care. Changes in parenting: Children today, parents tomorrow, Coun- cil of Europe- (2006) 14. Innocenti Research Institute - (2006) System in support of children without parental care Slovakia, MONEE Counrty analytical report, UNICEF 15. Summary of legislation on social assistance and economic aid. MOLSAEO- (2007) 16. Country report on Human Right, Albania , Bureau of Democracy, Human rights and Labor, February, 2009 32 17. Assessment of the Child care system in Albania – Dr. Rea Magljlic and Mirela Muca, Unicef, July 2007 18. Report on child trafficking in Albania, Children’s Right Center of Albania, July 2003 19. Strategy of Social Inclusion Albania 2007-2013 20. DCM 1104, No 307, Foster Care Strategy Albania 21. Educational Situation Analysis of Roma Children in Albania, Study Report – Human Development Center, UNICEF& Save the Children, Tirana, July 2007 22. Social Assistance and Child Poverty Reduction Impact, Institute of Public Policies and Social State Service ANNEXES

Table.1.1 CONSULATION WITH STAKEHOLDERS

Name Agency Position Contact Details Focus group with SOS Children’s Villages Albania National Manageri- +355 4 2 378 517 NMT al Team Arnita Ponari SOS Children’s Villages, Albania Social Worker +355 4 2 378 517 Devis Graceni SOS Children’s Villages, Albania Pedagogical staff +355 4 2 378 517 leader Orinda Shehu, SOS Children’ Villages, Albania Family Strengthen- +355 4 2 354 882 Nereida Caka ing Coordinators +355 4 2 268 152 Gazi Zida Social State Service, Albania Director + 355 4 230719 Irena Mitro Child Secretariat, Ministry of La- [email protected] bor, Social Affairs and Equal Op- Director portunities Kadri Alia National Association of Orphans Director [email protected] Mohamed El-Waci Islamic Relief Director [email protected] Milika Dhamo Bethany Social Services Director [email protected] Suzana Sakiqi Albanian Children’s Alliance National Coordina- [email protected] Every Child tor of ACA Former Director of Every Child Rigelsa Relia Albanian Adoption Comittee Social Worker [email protected] Athina Teta Don Bosko Center Social Operator 0692293582 Rita Charity Missioners of Mother Conventual’s Sister 02224 83 56 Tereza, Religious agency Etleva Luli Children’s Home (0-6 years old) Social Worker 02224 20 28 Shkoder Sokol Murati Orphan Association, Shkoder Director 068 21 62 946 Floriana Hima UNICEF Albania Child Protection [email protected] Officer Leonard Guni Children of the World, Children of Director [email protected] Albania Berti Stratoberdha Municipality of Korca Director [email protected]

Table.1.2 Analysis of historical background of children in SOS Children’s Villages 04-08

First reason Second reason

20% lost their biological fathers 27.5% - poverty 17% lost their biological mother 17% - low child rearing parental capacity 22.8% parents with mental health problem 8.5% - parent with mental health problem 17% abandoned by parents at birth or 5.7% - other reason: depression, health problem- because of emigration 8.5% grave mental problem of one parent 8.5% one parent suffering of depression 8% (app.) divorce, poverty, crime in family

- 22.8% children born out of wedlock - 26% of children cared by close family relatives, after disintegration of biological families 34

Table 1.3 Reasons behind placement in institutions – SSS 2004

Reasons behind placement in institutions Biological orphans (both parents dead) 3 %

Abandonment at birth 16 % Divorced parents 14 % Single-parented 30 % Parents doing time in prison 7 % Parents with mental diseases/alcoholics 5 % Roma children (from extremely poor famil- 7 % ies)

Table 1.4 Young mothers and child abandonment – Bethany Report 2007 REASONS Percentage 1 Decision to abandon child 13% 2 Keep the child because of love 32.6% 3 Keep the child as it is the best 26.1% alternative for him 4 Keep the child because of 17.4% shame of abandoning him 5 Keep the child because of fear 8.7% of institutionalization 6 Keep the child because of fear 2.2% of him being trafficked Proportion of Children in Public TableResidential 1.5 Proportion Care of in Children Albania in Public Residential Care from 1998 to 2005

70 d l i h 60 C

0 50 n 0 , o i 0 t

0 40 a l 1

u r e p 30 p o

P r e 20 b m

u 10 N 0

Year 35

Table 1.7 Data reported out of 78 families at risk Family Strengthening Project Sauk and Shkodra - Albania

CRC Main risk faced by children Percentage Birth registration 6.4% Lack of education for disabled children 12.8% Living under minimal conditions 57.6% Isolation from community due to far distance 35.8% Survival and No access or difficulties faced on primary education 21.7% development No access or difficulties faced on secondary educa- 20.5% tion No educative support 17.9% Lack of entertainment 98.7% Separation from parents due to divorce and emigra- 19.2% tion Participation Opinion of child not taken into consideration 78.2%

Protection Negative child discipline 50%

Non discrimi- Verbal and non verbal offences to child background, 26.7% nation ethnicity or religion