INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA 9.1. Situation in the Institute for the Care of Mentally Disabled Children and Youth Pazarić Ombudsmen since 2009 point to problems in the functioning of social welfare institutions in Bosnia and Herzegovina. In 2009, a Special Report on the Situation in the Institutions for the Care of Mentally Disabled Persons in Development in BiH was prepared 418 which outlines the shortcomings of the current legislation and the problems with its implementation. Thus, it was pointed out that the lack of legal terminology creates legal confusion, which opens the possibility of breaking the consistency in the application of the law, and there is no real categorization of institutions. When it comes to isolation and fixation, the same document states that isolation rooms deviate from the standards of worthy dignity of this population of people. There is no possibility to monitor the occupants while in the room or to protect them from possible injuries because the walls are not lined. Basically, the issue of fixation and isolation has been resolved by the internal rules of the institutions, and in some these have not even been adopted. In order to remedy the identified shortcomings, the Ombudsmen issued specific recommendations to the relevant public authorities. In order to review the level of implementation of these recommendations, the Ombudsmen in 2018 drafted a new, second Special Report on the State of the Rights of Persons with Intellectual and Mental Disabilities in Bosnia and Herzegovina 419 and on that occasion visited all social care institutions in Bosnia and Herzegovina, as well as institutions where persons with mental disorders (including the Institute for the Care of Mentally Disabled Children and Youth Pazarić) were hospitalized, with the heads of institutions and hospitals, and with users, that is, patients to patients. In the said document, specific recommendations were made to the competent authorities and institutions, in accordance with the basic principles laid down in international standards, with a view to ensuring the advancement of the position of this category of persons. The Ombudsmen pointed out in the Special Report that there was still no adequate categorization/classification of persons with intellectual and mental disabilities and that their diagnosis during placement was used as a basis for stay and treatment for many years, without any justification for further stay being made of these persons in the institution. In addition, institutions operate with limited human resources and the staffing structure often does not meet the needs. A continuous form of staff education in institutions has not been established, and the link between line ministries and institutions is mainly based on logistical issues. It was pointed out that there are still no databases on persons with intellectual and mental disabilities, as well as on persons deprived of legal capacity and placed in institutions, which prevents strategic access to the regulation of exercising the rights of this category of citizens. Based on the conclusions drawn, specific recommendations were again made to public authorities The Parliament of the Federation of Bosnia and Herzegovina did not include the said Special Report on the agenda until the date of preparation of this report, while the Council of Ministers of 418 Special Report on the Situation in the Institutions for the Care of Mentally Handicapped Persons in Development in BiH, available at https://www.ombudsmen.gov.ba/documents/obmudsmen_doc2013020401071133bos.pdf 419 Special Report on the State of the Rights of Persons with Intellectual and Mental Disabilities in Bosnia and Herzegovina, available at https://www.ombudsmen.gov.ba/documents/obmudsmen_ doc 201805180903 2286 bos. pdf 100