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RS 311.039.1 Order of 11 June 2010 on measures to protect children and young people and on the strengthening of the rights of the child

Original Language Title: RS 311.039.1 Ordonnance du 11 juin 2010 sur des mesures de protection des enfants et des jeunes et sur le renforcement des droits de l’enfant

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311.039.1

Order on measures to protect children and young people and on the strengthening of the rights of the child

11 June 2010 (State 1 Er August 2010)

The Swiss Federal Council,

See art. 386, para. 4, Criminal Code 1 , given art. 19 and 34 of the Convention on the Rights of the Child of 20 November 1989 2 ,

Stops:

Section 1 Purpose and measures

Art. 1 Purpose

This order shall rule:

A.
The implementation by the Confederation of measures to protect children and young people;
B.
The implementation by the Confederation of measures to strengthen the rights of children within the meaning of art. 19 and 34 of the Convention on the Rights of the Child of 20 November 1989;
C.
The granting by the Confederation of financial aid for measures within the meaning of the let. A and b implemented by third parties.
Art. 2 Objectives of the measures

1 The measures contribute to:

A.
Protect children and youth:
1.
Against any form of violence, assault, brutality, neglect, abandonment, abuse or physical or psychological exploitation, as well as any form of sexual abuse or harassment,
2.
Against the dangers of using electronic, interactive or other media, in particular against violent and pornographic content, bullying and harassment, including sexual harassment;
B.
To prevent youth violence;
C.
Strengthening the rights of the child.

2 They promote networking and collaboration between private and public actors.

Art. 3 Types of measures

1 The measures are programmes, regular activities or projects.

2 They are used to prevent, educate, inform, transmit knowledge, advise, develop, increase skills, invest or evaluate.

3 They are long-term.

Art. 4 Measures of Confederation

1 The Confederation can implement the following measures:

A.
National programs;
B.
Model projects to test new strategies and methods.

2 It may use private or public law organizations to implement or support measures.

3 It collaborates with the cantons and other important public or private actors. It shall consult the cantons in advance when their interests are directly concerned.

Art. 5 Third-party measures

1 The Confederation may grant financial aid to private, non-profit organisations active throughout the country or a linguistic region.

2 These measures are:

A.
Implemented across the country or a linguistic region; or
B.
Transposable in another location and realizable without the involvement of the cantonal or communal administrative structure of the place.
Art. 6 Priority Themes and Objectives

The Federal Department of the Interior (DFI) can set priority themes and objectives for the granting of financial assistance to programmes or projects.

Section 2 Financial assistance

Art. 7 Principle

The Confederation grants financial aid without exceeding the approved annual appropriations.

Art. 8 Amount

1 Financial aid shall cover a maximum of 50 % of the expenditure chargeable.

2 Expenditure directly related to the preparation and implementation of the measure which gives the right to aid is chargeable.

Art. Calculation

The financial aid is calculated on the basis of:

A.
The type and extent of measurement;
B.
Their interest in Confederation;
C.
Benefits and contributions from federal services and third parties;
D.
The expenditure necessary to ensure quality.
Art. 10 Payment

The Federal Office for Social Insurance (OFAS) can provide financial assistance in instalments, depending on the progress of the measure.

Section 3 Procedure

Art. 11 Basic and Benefit Contract

1 The procedure for granting financial aid is governed by the Act of 5 October 1990 on subsidies (LSu) 1 .

2 OFAS grants financial aid for regular programmes or activities on the basis of a contract for benefits within the meaning of Art. 16, para. 2, LSu.

3 This contract sets out the objectives, the financial participation of the Confederation, the reports to be provided and the quality assurance.

4 It is concluded for a maximum of four years.


Art. 12 Requests

Applications for financial assistance are submitted to the OFAS.

Art. 13 Guidelines

1 The DFI shall issue directives on the application procedure.

2 In particular, it indicates which documents:

A.
Are given for the conclusion of the benefit contract;
B.
Are attached to the project request.
Art. 14 Review of applications and decisions

1 OFAS examines whether the measures mentioned in the application meet the requirements under s. 3, 4 and 5 and decides on the granting of financial aid.

2 If the application is incomplete, it shall indicate to the depositary of the application that it may supplement it.

Art. 15 Conditions and obligations

The granting of financial aid may be subject to the following conditions and obligations:

A.
Coordination with other measures;
B.
Collaboration with other stakeholders;
C.
Participation of specialists;
D.
Quality assurance;
E.
Control of the implementation and effects of the measure.

Section 4 Obligation to inform and report

Art. 16

1 Aid recipients are required to inform the OFAS at all times of the use of such aid and to authorise the consultation of relevant documents in the event of an application.

2 Organizations of private or public law within the meaning of s. 4, para. 2 are required to report regularly to the OFAS on their management and accounting.

Section 5 Evaluation

Art. 17

1 OFAS regularly monitors the adequacy and effectiveness of the measures implemented and the financial aid granted by the Confederation.

2 It can entrust the evaluation to external specialists.

Section 6 Legal protection and entry into force

Art. 18 Legal protection

Legal protection is governed by the general provisions on the federal procedure.

Art. 19 Entry into force

This order shall enter into force on 1 Er August 2010.



RO 2010 2947



State 1 Er August 2010