Together against the Together against the discrimination of discrimination of romaroma

(The experiences of the Justice (The experiences of the Justice Service of Government Office Service of Government Office

for Baranya County)for Baranya County)

Written by: Dr. Wirth Károly deputy directorWritten by: Dr. Wirth Károly deputy director Justice Service of Government Office for Baranya CountyJustice Service of Government Office for Baranya County

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The tasks of the Justice Service The tasks of the Justice Service of Government Office for of Government Office for

Baranya CountyBaranya County

Tasks of the Probation OfficersTasks of the Probation Officers Victim-Offender MediationVictim-Offender Mediation Victim Support and State CompensationVictim Support and State Compensation Legal Aid ServiceLegal Aid Service

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The tasks of the Probation The tasks of the Probation OfficersOfficers

Writing a social inquiry reportWriting a social inquiry report Writing anWriting an expert opinion expert opinion Probation supervisionProbation supervision Organizing and supervising the Organizing and supervising the

Community serviceCommunity service Support in jail and aftercareSupport in jail and aftercare

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Writing a social inquiry report Writing a social inquiry report 

In the social inquiry report the probation In the social inquiry report the probation officer describes the peculiar facts and officer describes the peculiar facts and circumstances of the delinquent’s lifestyle.circumstances of the delinquent’s lifestyle.

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Writing an expert opinionWriting an expert opinion

The probation officer forms a quasi expert The probation officer forms a quasi expert opinion for the request of the prosecutor or the opinion for the request of the prosecutor or the judge, in which he appraises the circumstances judge, in which he appraises the circumstances of the perpetrator’s personal characteristics.of the perpetrator’s personal characteristics.

The probation officer may suggest imposing The probation officer may suggest imposing individual behavioral rules on the offender.individual behavioral rules on the offender.

According to the request, the probation officer According to the request, the probation officer has to examine whether the offender is inclined has to examine whether the offender is inclined to provide reparation to the victim, and whether to provide reparation to the victim, and whether the victim is willing to accept that.the victim is willing to accept that.

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Probation supervisionProbation supervision

TheThe aim is: aim is: to reduce the risk of recidivism with the to reduce the risk of recidivism with the

support of the probation officer and to support of the probation officer and to enhance the social re-integration of the enhance the social re-integration of the perpetratorperpetrator

to help to decrease the jail population in long to help to decrease the jail population in long term with the application of diversion, term with the application of diversion, alternative sanctions and aftercarealternative sanctions and aftercare

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The main elements of ensuring The main elements of ensuring the offender’s reintegration the offender’s reintegration 

The dynamic situation assessment:The dynamic situation assessment: the examination and exploration of the the examination and exploration of the alterable factors in the offender’s behavioralterable factors in the offender’s behavior

The selection of crime The selection of crime prevention programs:prevention programs:Among the available trainings (e.g. Among the available trainings (e.g. social skill development, social skill development, personality development, personality development, aggression management, aggression management, addiction disease management training)addiction disease management training)

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The Probation Service’s The Probation Service’s experience of discriminationexperience of discrimination

The majority of the people who are placed The majority of the people who are placed under probation supervision has already been under probation supervision has already been living in some sort of social exclusion prior to the living in some sort of social exclusion prior to the imposition. imposition.

The discrimination may be enhanced by The discrimination may be enhanced by the criminal record, which increases the criminal record, which increases the individual’s marginalization.the individual’s marginalization.

Their social reintegration is difficult because of the Their social reintegration is difficult because of the hostile, negative, rejecting attitudes showed by the hostile, negative, rejecting attitudes showed by the members or even the institutions of the societymembers or even the institutions of the society >>> this could result recidivism> this could result recidivism

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Our interventions to reduce the Our interventions to reduce the discrimination of discrimination of romaroma I. I.

Facilitate access to employment, develop Facilitate access to employment, develop employability (participation in tenders employability (participation in tenders concerning labor-market trainings)concerning labor-market trainings)

Develop cooperation between institutions, Develop cooperation between institutions, organizations providing serviceorganizations providing service >>> > they become more recipient and acceptantthey become more recipient and acceptant

In case of encountering with a In case of encountering with a discrimination problem we indicate a signal discrimination problem we indicate a signal towardtowardss the institution having the institution having the professional competence the professional competence 

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Our interventions to reduce the Our interventions to reduce the discrimination of discrimination of romaroma II.II.

Our self-awareness group sessions put Our self-awareness group sessions put particular emphasis on the co-particular emphasis on the co-operative techniques between those who are operative techniques between those who are under probation supervision and who are under probation supervision and who are from different social groups >from different social groups >>> they acquire they acquire consciousness against stereotypes during the consciousness against stereotypes during the socialization in the small communitysocialization in the small community

Organizing round table discussions, for which Organizing round table discussions, for which thethe non-government organizations, non-government organizations, dealing with dealing with disadvantaged disadvantaged romaroma people in the region people in the region,, will will be invited to.be invited to.

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Our interventions to reduce the Our interventions to reduce the discrimination of discrimination of romaroma III.III.

A A romaroma probation officer works at our probation officer works at our Service, and with his help we Service, and with his help we create opportunities for those who are create opportunities for those who are under probation supervision to under probation supervision to communicate in the Beas language.communicate in the Beas language.

Two other probation Two other probation officers also communicate in officers also communicate in the Beas language.the Beas language.

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Organizing and supervising the Organizing and supervising the Community service Community service 

IIt is the probation officer’s task to find the t is the probation officer’s task to find the potential workplaces, to draw these into potential workplaces, to draw these into co-operation, to arrange the fulfillment of co-operation, to arrange the fulfillment of the sentence, and to supervise the the sentence, and to supervise the implementation continuously.implementation continuously.

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Support in jail and aftercareSupport in jail and aftercare

Support in jail :Support in jail :It is an intervention by the probation officer in It is an intervention by the probation officer in

order to prepare the inmates for the release order to prepare the inmates for the release from prison before it happens.from prison before it happens.

Aftercare :Aftercare :Providing assistance for the former inmates to Providing assistance for the former inmates to

achieve reintegration in order to prevent achieve reintegration in order to prevent recidivism, and to create the recidivism, and to create the necessary social conditions for this.necessary social conditions for this.

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The probatioThe probation n oofficer’s discrimination fficer’s discrimination

experiences and interventionsexperiences and interventions

The inmates and the released prisoners are The inmates and the released prisoners are from the very marginalized part of the societyfrom the very marginalized part of the society

In the prison the negative factors affecting the In the prison the negative factors affecting the inmates strengthen even further inmates strengthen even further 

The probation officer usesThe probation officer uses accepting,accepting, toleranttolerant attitude towards the inmates during the attitude towards the inmates during the individual interviews and the group sessions individual interviews and the group sessions > >>> increasing increasing the efficiency of the help functionthe efficiency of the help function

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Victim-offender mediation Victim-offender mediation (from 1 January 2007) (from 1 January 2007)

Mediation is a conflict-management method Mediation is a conflict-management method which is generated by committing an offence.which is generated by committing an offence.

TheThe aim is: aim is:tto achieve a written agreement between the o achieve a written agreement between the

offender and the victim with the help of an offender and the victim with the help of an impartial mediator apart from the court and the impartial mediator apart from the court and the prosecutor in favor of clarifying the conflict, prosecutor in favor of clarifying the conflict, repairing the damage and promoting the repairing the damage and promoting the offender’s future law-abiding behavior. offender’s future law-abiding behavior.

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Victim SupportVictim Support and State and State CompensationCompensation

(from 1 January 2006)(from 1 January 2006)

Providing informationProviding information Facilitate the protection of Facilitate the protection of the the victims’ victims’

interestsinterests Giving instant monetary aidGiving instant monetary aid Providing expert legal aidProviding expert legal aid Granting compensation for the victims of Granting compensation for the victims of

deliberate and violent offencesdeliberate and violent offences

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The activities of the Victim Support The activities of the Victim Support Service against the discrimination oService against the discrimination of f

romaroma

The Victim Support Service informThe Victim Support Service informss the the client through its general legal advice client through its general legal advice about the contact details and tasks of the about the contact details and tasks of the organizations involved in the cases of organizations involved in the cases of discrimination of discrimination of romaroma..

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Legal Aid ServiceLegal Aid Service

According to the Legal Aid Act LXXX of According to the Legal Aid Act LXXX of 2003 the indigents are provided with:2003 the indigents are provided with:

legal advice in out of court cases and legal advice in out of court cases and drafting documents (from 1 April 2004)drafting documents (from 1 April 2004)

legal aid providers in litigious, non-litigious legal aid providers in litigious, non-litigious and criminal proceedings (from 1 January and criminal proceedings (from 1 January 2008)2008)

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Aid may be granted:Aid may be granted:

1. In extrajudicial cases:1. In extrajudicial cases: in legal dispute in relation to which a lawsuit might be in legal dispute in relation to which a lawsuit might be

institutedinstituted in matters directly affecting their day-to-day livelihood in matters directly affecting their day-to-day livelihood in administrative procedurein administrative procedure if the party is a victim of a crimeif the party is a victim of a crime in the preparation of a petition for extraordinary legal in the preparation of a petition for extraordinary legal

remediesremedies

2. In litigious cases:2. In litigious cases: In civil litigious and non-litigious proceedingsIn civil litigious and non-litigious proceedings In criminal proceedings for the aggrieved partyIn criminal proceedings for the aggrieved party

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Who may be considered as an Who may be considered as an indigent?indigent?

1. The fees of legal aid shall be reimbursed by 1. The fees of legal aid shall be reimbursed by the Hungarian State instead of the client:the Hungarian State instead of the client:

if the net monthly income of the client does not exceed if the net monthly income of the client does not exceed the current minimum amount of the retirement pension the current minimum amount of the retirement pension

whom the law presumes the needinesswhom the law presumes the neediness in case of a victim of a crime, if the net per in case of a victim of a crime, if the net per

capita monthly income does not exceed the capita monthly income does not exceed the national average gross earnings of the preceding 86%national average gross earnings of the preceding 86%

2. The state shall advance the party's legal 2. The state shall advance the party's legal services fees for a maximum term of 1 year:services fees for a maximum term of 1 year:

if the per capita net income does not exceed the if the per capita net income does not exceed the national average gross earnings of the preceding 43%national average gross earnings of the preceding 43%

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Who provides the legal services Who provides the legal services (Lawyer of the People Network)(Lawyer of the People Network)

1. In extrajudicial cases:1. In extrajudicial cases: legal aid providers (attorneys, notaries legal aid providers (attorneys, notaries

public, non-governmental organizations)public, non-governmental organizations)2. In court proceedings:2. In court proceedings: legal aid lawyerlegal aid lawyerss (attorney, law  (attorney, law

firm, social organizationfirm, social organization who who has a lawyer has a lawyer agent)agent)

3. In cases deemed to be easier :3. In cases deemed to be easier : the administrators of the Legal Aid Servicethe administrators of the Legal Aid Service

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The anti-discrimination activities of The anti-discrimination activities of the Legal Aid Service I.the Legal Aid Service I.

In discrimination cases legal advice may be In discrimination cases legal advice may be granted and legal aid lawyers may be provided granted and legal aid lawyers may be provided to settle legal disputesto settle legal disputes

The outsourced customer service operations The outsourced customer service operations are provided in the sub regional centers by the are provided in the sub regional centers by the Egy Hajóban Alapítvány according to the Egy Hajóban Alapítvány according to the cooperation contract. cooperation contract. The organization provides legal assistance also The organization provides legal assistance also for the for the romaroma population living population living among among difficult difficult conditions in the disadvantaged communities.conditions in the disadvantaged communities.

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The anti-discrimination activities ofThe anti-discrimination activities ofthe Legal Aid Service the Legal Aid Service II.II.

The Gypsy Minority Self-GovernmentThe Gypsy Minority Self-Governmentss of of Szigetvár and Mohács act as a Szigetvár and Mohács act as a contractual legal aid provider at our Service.contractual legal aid provider at our Service.

The Szent Márton Caritas Alapítvány The Szent Márton Caritas Alapítvány who performs its activities in who performs its activities in AlsósAlsószentmárton, zentmárton, which is mostly inhabited by which is mostly inhabited by roma peopleroma people, also , also helps the job of our Service.helps the job of our Service.

Our Service cooperates with the Our Service cooperates with the county representative of the Equal Treatment county representative of the Equal Treatment Authority, whose brochures are available in our Authority, whose brochures are available in our waiting room.waiting room.

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The assistance plan of the Justice The assistance plan of the Justice Service of Government Office for Service of Government Office for

Baranya CountyBaranya Countyagainst discriminationagainst discrimination

Our Justice Service has offered for the Our Justice Service has offered for the supervising ministry that it provides a regular supervising ministry that it provides a regular opportunity for the county representative of the opportunity for the county representative of the Equal Treatment Authority to hold customer Equal Treatment Authority to hold customer reception in the Legal Aid Service’s costumer reception in the Legal Aid Service’s costumer room.room.

We provide appropriate access and waiting We provide appropriate access and waiting conditions for those clients who were legally conditions for those clients who were legally injured in a discrimination matter.injured in a discrimination matter.

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Thank you for your Thank you for your attention!attention!