It is proposed to impose travel restrictions on negligent parents in Vitsebsk region
“Restrictions on movement” can be imposed on the
parents from whom money is exacted for the maintenance of their children in
orphanages. However, there is no such notion as in the Belarusian legislation,
which means that such restrictions will violate human rights in the case they
are really applied.
As it follows from an article
published at the website of the Vitsebsk Region Executive Committee, the
coordinative Coordinating Council for the execution
of the Decree № 18, obliging parents to take up work in order to transfer funds
to the education of children in boarding schools or orphanages, agreed on the
need for additional measures.
Apart from the decree’s provision about the mandatory employment and exaction
of money, the prohibition on the sale of real estate, the main justice
department and the main police department of the Vitsebsk Region Executive
Committee were charged with preparing a proposal concerning the imposition of
restrictions on movement towards the parents who were assigned to work on the
court decision, especially if they skip work and "disappear in an unknown
direction."
According
to the deputy chairman of the regional committee for minors Tamara Aliakhnovich,
about 3.600 people who are obliged to pay for their children’s upbringing in
social shelters is registered in the Vitsebsk region. Some 2.800 of them work.
However, 345 of them have been absent from work for more than ten days this
year.
The responsibility to ensure the presence of the obliged persons at work is
vested in the employer, the employment service and the police. The police,
who also have to look for those who evade from work, are most interested in
imposing restrictions on movement of obliged parents. However, the question of
how to implement it in practice remains unsolved. At present, according to
Article 174 of the Criminal Code, one can be sentenced to corrective labor or
personal restraint up to three years for evading from work for three months.
The
legislation does not allow for preventive restriction of freedom of movement
without court decision. This restraint seems to be too severe for the parents
who are not going to evade from work and police and dream of getting their
children back. According to the Commission on Minors, such tendency is really
observed.
Moreover,
it remains unclear what is the content of the wording "restriction on movement".
If it concerns foreign travels, negligent persons can hardly travel abroad as
they have no visas. At the same time, there is no passport control on the border
with the Russian Federation
and nobody checks the travelers’ identity.
If the a prohibition to leave the area or a particular locality is meant, we
should remind that such restrictions apply only to those who give a
recognizance. This
is a limitation of individual rights which can be imposed only on decision of a
judge, prosecutor or the investigating authorities, if the person is under
investigation or is awaiting trial.