Parliament Act no. 11 of 22 November 2011 on Children and Children's Council Spokesman

Modified repeals, hovedlov replaces information

Aside
Parliament Act no. 26 of 18 December 2003 on the Centre on Children and Youth

Hovedlov to
Self-Government Order no. 11 of 30 July 2012 on the recommendation and nomination of members to the National Council for Children

Adds to
Self-Government Order no. 11 of 30 July 2012 on the recommendation and nomination of members to the National Council for Children


Chapter 1
Purpose and scope

§ 1. The Parliament Act aims to promote children's rights and interests in society.
Subsection. 2. Background to The Greenland Parliament Act is the UN Convention on the Rights of the Child.

§ 2. The Greenland Parliament Act applies to all children under 18 in Greenland.
Subsection. 2. The Greenland Parliament Act shall also apply to persons who are resident in Greenland and is for protection under the law for help to children and adolescents.


Chapter 2
Establishment of a children's rights institution

§ 3. The Government will establish a children's rights institution, consisting of a Children's Advocate, a Children's Council and a Secretariat.
Subsection. 2. Child rights institution is a politically independent institution under the PA. The institution is led by Children Comforter.


Children Spokesman


§ 4. The Government shall appoint a Children's spokesman. Children Comforter is chairman of the Council for Children.
Subsection. 2. Children Comforter åremålsbeskikkes for a period of 3 years. Re-appointment may be 1 time.
Subsection. 3. The Government may allocate Spokesperson within the period of 3 years, if one or more of the following conditions are met:
1) Children Comforter is guilty of gross negligence in the performance of the number of children in the man's duties under this Act.
2) Children Comforter acting in a way that significantly weakens confidence in the Children Comforter will perform the number of children in the man's duties under this Act with integrity.
3) Children Comforter set to dismissal of 5 members of the Council for Children, and the Government of Greenland after a thorough examination of the relationship believes that should happen dismissal of Children Comforter.



Children's Council


§ 5. The Government set up a National Council for Children. Children's Council is interdisciplinary. Members shall collectively represent a broad insight into particular .:
1) children's growth and development
2) children's school life,
3) children's cultural and leisure activities,
4) children's health,
5) children's legal status and
6) children with special needs.
Subsection. 2. Council for Children consists of a total of 7 members, of which the Greenland Government appoints six members referred. § 5, paragraph. 1, 3 and 4 and § 6, and appoints Children Comforter see. § 4.
Subsection. 3. The members shall be appointed for a period of 3 years. These members shall serve until a new member is appointed. Re-appointment may be 1 time.
Subsection. 4. The dropout rate among the members appointed shall appoint Naalakkersuisut a new member among the last candidates.

§ 6. The Government shall appoint three candidates for the National Council for Children on the recommendation of organizations, associations, etc., working with children's conditions.
Subsection. 2. The Government shall appoint the three other candidates for the National Council for Children on the recommendation of public authorities and public and private institutions for children.
Subsection. 3. Candidates nominated must have a thorough knowledge and professional skill in one or more of the § 5, paragraph. 1, said competence.
Subsection. 4. The Government may lay down detailed rules on nominations for the Council for Children, and the detailed criteria for the selection of candidates for the National Council for Children.
Subsection. 5. The Government will decide which organizations, associations, etc. as well as the public authorities and public and private institutions can nominate candidates for the council.

§ 7. The Government may dismiss a member of the Council for Children within the period of 3 years, if one or more of the following conditions are met:
1) The member of the Council for Children is guilty of gross negligence in the performance of the member's duties under to this Act.
2) The member of the Council for Children acting in a way that significantly weakens the confidence that the member will perform the member's duties under this Act with integrity.
3) The member of the Council for Children set to dismissal of the 6 members of the Council for Children, and the Government of Greenland after a thorough examination of the relationship believes that should happen dismissal of the member of the Council for Children.


Number of children steward tasks



§ 8. Children Comforter to be with Council for Children as a counselor to work to promote children's public and private rights and interests and focus on informing children in society.
Subsection. 2. Children Comforter be special:
1) Provide advice and guidance to children on children's rights and redress.
2) Provide advice and guidance to public authorities, public and private institutions, organizations and associations, etc. and individuals on issues related to child welfare and children's rights and redress.
3) regularly monitoring the legislation and practice in line with the commitments Greenland has under the UN Convention on the Rights of the Child.
4) Evaluate the issues children in Greenland live, from the principles and provisions of the UN Convention on the Rights of the Child.
5) Disseminate information on children, put questions to the debate, speaking on behalf of children in the public debate and work to improve children's opportunities to participate in the debate and influence the development of society.
6) Suggest measures to strengthen legal protection of children and measures to resolve or prevent conflicts between children and society.
Subsection. 3. Children Comforter will also collect, develop and disseminate knowledge about children's conditions, for example. family, social, health, education and living conditions. Below, the Spokesperson:
1) Collect and systematize the relevant data and existing studies, reports, research, evaluation reports, statistics, test results etc. on children's conditions.
2) Update the information on the conditions of children and develop new knowledge about children's conditions.
3) Disseminate knowledge about children's conditions to the public, including students, researchers, professionals, politicians and other stakeholders.
Subsection. 4. Children should be involved in the number of children in the man's work and consulted on measures under § 8 paragraph. 2, Nos. 1-6, to the extent possible.

§ 9. Children Comforter be consulted in the legislative and other initiatives that are important for child welfare and children's rights.

§ 10. Inatsisartut, Greenland Government and other public authorities can consult with Children Comforter in all matters of a general nature, relevant to children's conditions.



Of children in the man's skills


§ 11. Children Comforter has the right to express themselves freely on matters relating to the number of children the man's work, see. However, § 19. Children Comforter decide whom opinions should be sought.
Subsection. 2. Children Comforter can examine and comment on facts of its own motion or at the request of others. Children should be given priority. Children Comforter can comment only on matters concerning children generally, and not on issues dealing with the individual child.
Subsection. 3. Children Comforter decide whether a matter gives sufficient reason to treat the relationship.
Subsection. 4. Children Comforter can only give opinions. Children Comforter can not make decisions.

§ 12.
Children Comforter has upon presentation of identification and without a court order, free access to public and private institutions for children and associations and other organizations for children.
Subsection. 2. Public authorities and public and private institutions for children and associations and other organizations working with children's terms, regardless of their confidentiality disclose the information to the Children Comforter, which is necessary for performing of children in the man's duties under this Act, unless the contrary against the second law.
Subsection. 3. Other than in paragraph. 2, said authorities and institutions, etc. shall, notwithstanding confidentiality disclose the information to the Children Comforter necessary for performing of children in the man's duties under § 8 paragraph. 2, # 3.
Subsection. 4. Children Comforter may request public authorities and public and private institutions for children and associations and other organizations working with children's conditions, to explain decisions or practices in areas which are within the in § 8 paragraph. 2, Nos. 1-6 above.

§ 13. Children Comforter may determine that an employee of the Secretariat temporarily exercise of children in the man's features.



Children Council tasks


§ 14
. Council for Children sets child rights institution's annual focus and priorities based on child rights institution's statutory tasks.
Subsection. 2. Children Council assists Spokesperson to develop strategies on children, including strategies to ensure contact and communication with children.
Subsection. 3. Children's Council assists Spokesperson advice and guidance in all matters concerning children.


§ 15. Children's Council meets at least four times a year.
Subsection. 2. Meeting shall be held if at least three members of the Council for Children submits a request by contacting the Children Comforter.
Subsection. 3. Children is a quorum when the chairman and at least three other members of the Council for Children is present.
Subsection. 4. Children Council shall adopt its rules of procedure. The rules must be published.

§ 16. Children's Council hold an annual meeting with the public authorities, public and private institutions and organizations etc. that are entitled to nominate members, as well as with other relevant stakeholders to children.
Subsection. 2. Children Council shall prepare an annual written report of the Children's Council activities. The report should be published.


Secretariat


§ 17. Establish a Secretariat for Children Comforter and Children's Council.
Subsection. 2. The Secretariat administers and provides technical assistance to Children Comforter and Children's Council.
Subsection. 3. Children Comforter shall appoint a Head of Secretariat. The Executive Secretary shall refer to the Children Comforter.
Subsection. 4. Secretariat employees regarding terms and other conditions of employment, conditions during his employment and redundancies covered by the rules at any time apply to employees under the Greenland Self-Government's central administration.
Subsection. 5. There can be assigned external specialists to carry out specific tasks under paragraph. 2.


Chapter 3

Procedural Rules


§ 18. To the extent that county law on case management in public administration is not directly applicable to the number of children in the man's case management, the principles of the county law, including non-statutory administrative law, mutatis mutandis.
Subsection. 2. Children Comforter may reject requests which Spokesperson received according to § 11 paragraph. 2. Children Comforter may also close cases, as children Comforter is in the process of caseworkers. Of children in the man's rejections of requests and close the cases Spokesperson has not taken up on its own initiative, shall be in writing and with justification.
Subsection. 3. The number of children in the man's rejection of requests and close the cases can not be appealed to the Government of Greenland or other administrative authorities. The same applies to the number of children man's opinions.

§ 19. Children Comforter, Children's Council and the Secretariat confidentiality in accordance with applicable rules on work in the public administration.


Chapter 4

Financing


§ 20. Child rights institution funded through grants from the Treasury.
Subsection. 2. Child rights institution may also seek funding from other public authorities or private organizations, associations, companies, etc. to its business.
Subsection. 3. Child rights institution may in child rights institution's statutory tasks operate, resulting in revenue.

§ 21. Members of the Council for Children receive remuneration and allowances for travel expenses under the provisions of Act on the remuneration paid to members of the parliament, the Greenland government, etc. This expenditure within the annual grant from the Treasury.


Budget and Accounts


§ 22. Children Comforter shall each year to Naalakkersuisut a draft budget for the following fiscal year. The proposal must include estimates of revenue and expenditure. Children Comforter shall simultaneously submit proposals for the amount of the government subsidy for the said fiscal year.
Subsection. 2. The Government set a deadline for submitting the draft budget and proposals for the amount of the government subsidy for the coming fiscal year.

§ 23. Child rights institution financial year following fiscal year. The financial statements audited by a chartered accountant.

§ 24. Children Comforter shall submit, within a Minister specified period, the audited financial statements accompanied by audit observations of the Greenland Government for approval.




Chapter 5

Entry into force and transitional provisions


§ 25. This Parliament Act shall enter into force on 1 March 2012.
Subsection. 2. At the same time Rule Act no. 26 of 18 December 2003 on the Centre on Children and Youth.
Subsection. 3. Centre on Children and Youth tasks proceed as decided in the Centre on Children and Youth Board of child rights institution Secretariat for Children Council has established child rights institution's annual focus and axes as defined. § 14 paragraph. 1.





Greenland, November 22, 2011




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