Health care

According to the Convention on Child’s Rights - which is a part of - all children have the right to receive medical care free of charge. All separated children asylum seekers are provided with the complex medical care including psychological and psycho-therapeutic measures. Treatment costs are covered by the state, namely, from the part of the budget at the disposal of the Head of the Office for Foreigners. Separated children, whose stay on the territory of Poland has been regulated, are covered by medical insurance within the measures of the National Health Fund.  For separated children, whose stay on the territory of Poland has not been legalized, the access to health care is more difficult. Since Polish legislation does not clearly state which agency is responsible for covering costs of treatment of irregular minors, those irregular minors who have not received PESEL (personal identification number) experience a lot of difficulties in exercising their right to free health care.

 

Schooling and vocational training

According to the Act of 7 September 1991 on the Education System, all children have the right to education including foreign children those staying both legally and illegally on the territory of Poland. All foreign children have the right to free education at the primary and middle school level irrespectively of their knowledge of Polish language. On the ground of Amendment of 19 March 2009, from 1 January all foreign children are also granted the right to free education at the high school level. Additionally, asylum seekers as well as people granted any form of humanitarian protection and people granted a permit for stay on the territory of Poland have the right to free education in higher schools on the same basis as Polish citizens. The obligation to attend school relates to all children in - regardless of their citizenship – and starts when a child reaches the age of seven and lasts until a child reaches the age of eighteen. The beginning of schooling can be postponed up to one year when recommended by the psycho-pedagogical counseling service and decided by the head of a public primary school. In order to attend a middle school and high school, documents confirming which level of education a minor reached are required to be presented. Otherwise, a minor has to go through qualification procedure in order to properly assess child’s level of education. Polish law does not determine precise criteria for this assessment and does not indicate which institution is responsible for carrying out this procedure.

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According to Polish legislation, foreign children are entitled to an additional assistance at school in order to develop or improve their knowledge of the Polish language and reduce any education shortcomings. If a foreign minor does not speak Polish fluently, an additional language course should be organized by the municipality. The course is free of charge and could last up to one year. It aims at improving child’s knowledge of Polish language to an extent would allow her/him to successfully join Polish school at a proper schooling level. Attending a language course does not free a minor from the obligation of attending school regularly. An embassy or a consulate of any country and a cultural/educational association of any national group has a right to organize classes - at any public school - for a group of at least 15 foreign children about their country of origin, its language and culture. A maximum of five classes a week can be organized.

 

Additionally, from 1 January 2010[1], foreign minors will have a right to a daily assistance of a person speaking their first language. This person should be employed by the head of school in order to support teachers in communicating with foreign children for a period up to one year. Also, foreign children will be entitled to attend supplementary courses aimed at reducing any potential education shortcomings. These supplementary courses will be organized for a period not exceeding one year.

 

Employment

In accordance with the Polish Labour Code it is forbidden to employ minors younger than 15 years old. Those who have reached the age of 15 can be hired only to develop future vocational skills.

 

Separated adolescents asylum seekers who would like to attend paid internships are required to obtain a work permit. They can apply for a work permit to the Head of the Office for Foreigners, after six months of the asylum procedure, if the first instance decision has not been rendered and the proceedings were prolonged for the reason beyond the applicant. The Head of Office for Foreigners can issue the certificate, which accompanied by the youngster’s provisional identity certificate constitutes a basis for performing the work – vocational training in .

 

Foreign youngsters, who have been granted refugee status or any kind of humanitarian protection or other residence permit, can be employed on the same grounds as Polish citizens. Adolescents in irregular situation are not allowed to work at all.