Unclear Child Protection law could let sex offenders work near children
A legal expert warns vague wording, while two ministries dispute the reading.
A legal expert says unclear wording in Estonia’s Child Protection Act could allow some convicted sex offenders to work in schools or kindergartens.
The Act bars people convicted of sexual offences, as well as for manslaughter or murder, from working with children, and requires employers to check the criminal records database annually. But it does not list specific jobs or name particular institutions.
Legal scholar Kärt Pormeister argues the law is too vague because it only stipulates that a person must not have direct contact with children through their work. She says that could mean a convicted person might take a role in a school or kindergarten where they do not directly work with children, such as a cleaner.
Pormeister points to an explanatory memorandum that treats teachers, social pedagogues, and even a school doctor or nurse as roles involving working with children, because their clients are essentially children.
Two ministries disagree. The Ministry of Justice says employers must assess cases on a case-by-case basis, including whether work could involve face-to-face contact and whether children are present at the institution. The Social Affairs Ministry head of child protection policy says the law is sufficiently clear even without a list of specific services or positions.
The Justice Ministry has proposed amendments to allow employers to check criminal records automatically every month instead of once a year, notify the Social Insurance Board when a person is disbarred, and display ID photos of people barred over sexual offences involving physical contact with minors. The Prosecutor’s Office supports the intention but questions whether photos improve safety and says preventing abuse requires more investment in mental health services, counselling, treatment, and specialist training.
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Source:
ERR News