Statul finlandez a trecut la represalii dure după vizita delegaţiei de parlamentari români de Diaspora în Finlanda, care a reproşat nerespectarea drepturilor copilului şi ale omului în Cazul Smicală, medicul român căruia i-au fost răpiţi abuziv de către “Protecţia copilului” cei doi copii minori, Maria, de 10 ani, şi Mihai de 11 ani. Organizatorii protestelor naţionale de Sf. Constantin şi Elena au anunţat pe Facebook că, după această involuţie a situaţiei “Ne simţim obligaţi să continuam campania de proteste până la eliberarea celor doi copii”. Detaliile urmează să fie comunicate pe Facebook.
“Represaliile Finlandei la adresa dnei dr. Camelia Smicală ne determină să trecem la acţiune. Astăzi, autorităţile finlandeze au dat-o afară de la locul de muncă pe doctoriţa Camelia Smicală şi i-au mutat fiul răpit, Mihai, la o casă de corecţie izolată într-o pădure. În acest caz ne simţim obligaţi să continuam campania de proteste până la eliberarea celor doi copii. Cerem autorităţilor finlandeze ca, în ultimul ceas, să dea dovadă de omenie şi să respecte Convenţiile internaţionale privind drepturile copilului şi ale omului la care Finlanda este parte. În caz contrar, reiterăm avertismentul: declanşăm războiul diplomatic!”, a scris Asociaţia Civic Media pe Facebook.
Până atunci, vă îndemnăm şi pe Dvs să informaţi autorităţile române şi finlandeze asupra Convenţiilor internaţionale şi a drepturilor omului încălcate de Finlanda în Cazul Smicală, conform materialelor pe care vi le punem la dispoziţie mai jos, în română şi engleză.
Vestea.net, cotidian din Piatra Neamţ, oraşul natal al doctoriţei, titrează:
Persecuţii incredibile ale statului finlandez împotriva Cameliei Smicală şi băiatului ei: Doctoriţa a rămas fără loc de muncă, Mihai a fost mutat cu forţa în alt centru
Persecuţii înfiorătoare ale statului finlandez împotriva doctoriţei românce care i-au fost luaţi copiii şi apoi internaţi în centre diferite, relevă ultimele mesaje publice ale acesteia. Astfel, conform spuselor Cameliei Smicală, azi a fost anunţată ca i-a fost desfăcut contractul de muncă la spitalul la care lucra şi tot azi, Mihai (băiatul de 10 ani) a fost mutat cu forţa într-un alt centru de plasament.
„Mihai a fost mutat la ora 14 folosindu-se forța!”
şi
„Mi s-a reziliat si contractul de muncă azi. S-au dat niște telefoane. Practic nu mai am nici o posibilitate de trai. Deoarece nimeni nu are curajul sa ma angajeze!”
– acestea sunt cele două mesaje postate pe net de Camelia Smicală, strigăte de disperare ale femeii strivite efectiv de statul finlandez.
Motivul rezilierii contractului de muncă ţine probabil de faptul că ea a fost condamnată la 6 luni de închisoare cu suspendare pentru că ar fi defăimat şi agresat pe asistenţii sociali care i-au luat copiii. Sentinţa nu este însă una definitivă, doctoriţa româncă având dreptul la recurs.
Iar mutarea băiatului într-un alt centru de plasament, cu regim mult mai sever (un fel de şcoală de corecţie) a fost anunţată dinainte de Camelia, pe baza informaţiilor primite de la copil, motivul deciziei fiind că acesta nu se lasă re-educat şi nu-şi reneagă mama.
Daniel VINCA
Mai multe detalii vor fi disponibile la adresa: http://camelia-smicala-vs-finland.blogspot.ro/
Adresele MAE român, MAE finlandez şi ale Ambasadei Finlandei la Bucureşti, mai jos
Vedeţi şi:
Ministerul şi ministrul de Externe al României
Fax: +40 21 319 68 62
https://www.facebook.com/mae.romania/
https://www.facebook.com/TVMelescanu/
Ambasada Finlandei în România
Fax: +40 212 307 505
https://www.facebook.com/FinnishEmbassyBucharest/
Ministerul şi ministrul de Externe al Finlandei
Fax: +358 9 160 550 02
https://www.facebook.com/ulkoministerio
Dacă doriţi, trimiteţi pe adresa MAE, pe lângă opiniile Dvs, şi următoare analiză de specialitate pertinentă:
Un avocat a făcut lecţiile pentru MAE şi Guvern în Cazul Smicală: “E RĂPIRE DE COPII! – Finlanda încalcă Convenţia ONU cu privire la Drepturile Copilului şi Declaraţia Universală a Drepturilor Omului”. DOSAR JURIDICE.RO
Pe adresele finlandeze trimiteţi traducerea acesteia:
Doctor Camelia Smicala’s Children Taken by Finnish Authorities
the UN Convention on the Rights of the Child, Adopted by the General Assembly of the United Nations on November 20, 1989, ratified in Romania by Law no.18/1990 and republished in the Official Gazette no.314 of June 13, 2001.
Also, ratified by Finland, and most member countries Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on 10 September 1948.
Who has not heard of the case in Norway, where five children were taken from loving parents by the Norwegian Child Welfare Services? After protests and negative reactions on social networks, the children were eventually returned. The echoes of protests from the famous Bodnariu case are still fading from streets worldwide. Yet, cases continue to appear in other European countries. These “new” cases are just as terrifying as the one that received global attention.
A current case in Finland is convulsing the souls of all who hear it. Two children of a Romanian doctor, Camelia Smicala, were taken from her and forced by the Finnish state to live in separate institutions and attend different schools.
Dr. Smicala, who emigrated to Finland, is the mother of Mihai (11) and Maria (10). All three have Romanian citizenship. The children are allowed to see their mother very rarely, for very little time, and only under supervision. Furthermore, because the children are protesting, wanting to live with their mother, they are isolated. The children perceive that they are in jail. The long term psychological consequences will always be undetermined.
Camelia divorced the children’s father because he was mistreating them. They had to be protected. She is supposedly manipulating them against their father, but Mihai and Maria refuse contact with him; the inhuman punishments he applied are still fresh in their minds.
Child protection institutions were obligated to help Camelia’s family to overcome the trauma caused by the divorce and the father’s violence. Instead of fulfilling their obligations, they took the children without warning from their mother two years ago, brutally breaking her ribs in the process. Since then, Dr. Smicala has worked unceasingly to recover her children, with no positive result.
Instead of helping families through difficulty by providing what they need: money, assistance of all kinds, checking up on them, guidance, etc., many states now kidnap children, in the so-called “best interests of the child.” The same evil has been done in Dr. Smicala’s case.
All international conventions on children and all relevant laws in civilized countries contain similar provisions which stipulate that all children have the right to grow up in their own families: to not be separated from their parents, to have their rights respected, to be provided with all the conditions for their good development, growth, and education. This is the supreme interest of each child.
I will analyze the violations against the UN Convention on the Rights of the Child and those of the Universal Declaration of Human Rights. Finland, being a member of the UN and the EU, has ratified these acts, so they have the value of constitutional norms.
The first three statements which are of interest to us, in Article 9, have the following content:
“1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence.
“2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.
“3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.”
Paragraph 1 of the text requires that “no child shall be separated from his parents against their will.” Not only in the case of the Smicala family, but in many cases, the taking of children from parents has been done against the will of the parents and of the children when the latter could express it.
The exceptions to this rule, allowed by the text, are: “eg. In the case of ill-treated or neglected children or where parents live separately and a decision on the place of residence of the child is required.” In this situation the family, or what’s left of it, needed to be helped not punished! Mihai and Maria are not to blame for their parents’ break-up. The pain caused by the divorce of their parents and by their father’s violence should not be exacerbated.
They need their mother and older sister (who is a young lady from Dr. Smicala’s previous marriage and a true companion to Mihai and Maria) to help overcome the trauma they suffered at the hands of their father. Their mother, a doctor, works to provide for all the needs of the children, both material and moral. Common sense dictates that they should be in their mother’s care and receive real help to overcome all problems, whatever their nature.
It was not lawful for them to be taken away from their mother and sister, unless they encountered maltreatment or neglect. In this case, neither was claimed. Therefore, it is illegal that they are separated. The Convention is flagrantly violated by Finland. Furthermore, since there has not been a final resolution of their situation, it would have been in the best interest and good of the children at the very least to be left together in the same care institution and the same school.
In the same paragraph it is stipulated that the observance of laws and legal procedures is mandatory, Separation is subject to judicial review. It appears that, at times, Finland allows an interpretation that it is “the best interest of the children” to be taken from both parents. If one parent offers all the proper conditions for the children and the other parent is ill-behaved toward the children, why remove the children from both parents? It is absurd. The law is not being enforced because it violates the international conventions adopted by Finland. Camelia argues that Finland’s legislation provides that family members can only be taken when their life is endangered, obviously because of bad-treatment or neglect. She has done nothing to warrant this type of punishment.
Paragraph 3 regulates the right of the child to “maintain personal relations and direct contacts with his/her two parents on a regular basis”. That is, to keep in touch with parents. In this case, the Finnish authorities who have taken these children interpret this statement in Paragraph 3 to mean:
– about two and three times a month, an hour and a half – there is a guard at the door of the “visit”
only under supervision with express prohibitions imposed on the mother regarding the content of discussions forbidding her to talk to them about the truth; she has to hide certain realities about the situation She is not allowed to tell them about the protests for them in Romania and Europe She is not allowed to talk about any media discussions about those who want to help them regain freedom and who fight and pray for them She is not allowed to say that maternal grandparents in Romania are protesting, crying, and wishing for them to come home to Romania, where positive conditions can be offered (The Grandpa of the children is a pediatrician in Piatra Neamt, and the Grandma is a pharmacist.) Under these conditions it is obvious that the two children live in a real detention regime and they and their mother have done nothing wrong. The decisions made by Finnish officials in this case are in defiance of everything that true family means. God created the family unit. It is not up to others to destroy this truth. Even if some people don’t believe this, they should respect it.
Children and parents must have the right to communicate naturally, freely, and unattended. Sentenced prisoners have the right to communicate with others outside prison, family or third parties without being listened in on or being supervised, How is it that children taken from parents are not given the same “freedoms?”
In the case of Camelia Smicala, all principles, laws, legal and human rights that govern how families grow, care, educate, and protect themselves are being flagrantly violated. None of this is in the interest of the children!
Article 12 states:
“1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. “2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.”
Mihai and Maria have screamed with all their heart, to everyone who would listen, that they want to be allowed to stay where they are loved and protected. They want to be with their mother and sister. In protest, Mihai did not go to school for six months after he was torn from home. Both children want to flee from this “prison,” but they are guarded. Despite the above legal text, their will is not respected. Both write desperate letters that they want to come home! It can not be claimed that they have no discernment to express their opinion freely about the place where they want to live. To repeat what has been noted here more than once, there is no legal or human justification for taking them from the family.
The UN has set up a Committee on the Rights of the Child, and there is also a Human Rights Committee, which should be consulted on these issues, especially by the competent bodies of Romania within the MAE (Ministry of Foreign Affairs) structure. Sadly, the number of cases in this situation is increasing almost daily.
For their beauty and influence, we mention some of the provisions of the Preamble to this Convention, and the spirit of its words:
“Preamble The States Parties to the present Convention, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,
Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,
Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance, Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,
Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,
Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity…”
When children are taken from loving families, any ideas of dignity, freedom, harmonious development of the child’s personality, tolerance, solidarity, right to care, the right to grow up in his/her natural family, are obviously discarded.
If you wish to see more of the updated Convention on the Rights of the Child, which entered into law on September 2, 1990, please click on this link: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
None of this is being respected by the Finnish state in the case before us. They “protect children” by splitting them apart from their families and taking them to institutions which have a regime of supervision and security, more restrictive than those in adult prisons. We can not be so naive to believe that those who hold children in prisons do it in the interests of the children or their families, and so naturally we ask: “Who profits? What is the real cause of so many dramas? Surely someone is gaining an advantage!”
Keeping children taken from loving homes for monetary compensation can only be described as a Crime against Humanity. All agents responsible for these crimes enter into a vicious circle. To increase cash flow they need to take as many children as possible.
When there is a violation of the UN Convention or even Finland’s domestic law that demands that Finland must abide by the Convention, it is called illegal kidnapping! As long as children have dual citizenship, Finnish and Romanian, the Romanian state has obligations to them and, of course, it could do much more for their liberation in this case. Why doesn’t Romania do anything? In MAE (Ministry of Foreign Affairs) structures there are specialists in these areas, but they seem uninterested. They do not want to disturb the silence in the Romanian embassies and it seems that nobody and nothing disturbs them. When will they move?
Many churches, groups, and individuals have taken a stand against this abuse. Public and internet demonstrations have also been used to try to break the Child Protection Services corruption. I think these will continue until the release of children who are held in bondage.
The European Parliament, the Council of Europe and the UN Committee on the Rights of the Child must continue to be invoked, as such situations continue to multiply. These incidents are not just accidents; they have become a constant practice of many member states.
The European Union should create the necessary institutions to intervene much more promptly in such situations, as children can not wait for years until cumbersome EU bodies give solutions.
I believe it would be necessary and beneficial to start concrete, pertinent and incisive diplomatic actions by informing all international bodies that have attributions in the field and that may influence such unlawful practices. The Romanian State should require that the rights enshrined by the International Conventions to which Romania and the State of residence of these are party to be respected for the Romanian citizens abroad. If it becomes more actively involved in such situations, there is a chance that states that want to affect Romanian citizens through such practices will abstain and do so only by respecting the UN Convention on the Rights of the Child and adapting its domestic legislation. States of residence should also be required to take into account the rights conferred by citizenship and Romanian legislation on persons involved in such proceedings.
Lawyer Maria Bornea
Sursa: Ziaristi Online
