Implementation of the Duties and Powers of the National Preventive Mechanism in 2012
Complaint procedures
Complaints procedures are defined by Vojnik Psychiatric Hospital in a booklet “Complaint
Procedures” given to every patient upon his/her admission. The booklet also states rights
under the Patient Rights Act, the ZDZdr, patients’ responsibilities as well as information on an
advocate of patient’s rights. During the previous visit it had already been established that the
booklet mentions the Ministry of Health, the Medical Chamber of Slovenia and the Human
Rights Ombudsman as the potential channels to solve complaints outside the hospital in
question without stating the actual details of these authorities. Neither does the booklet
sum up the rights of patients under the ZDZdr in a proper manner as it is erroneously stated
that the right to use a telephone is provided for a person under a supervised treatment. In
accordance with Article 12, Paragraph 2 of the ZDZdr, the right to use a telephone is ensured
to every person staying in a secure ward, whilst a person under a supervised treatment is
(only) provided with the right to movement and the right to an advocate (Article 12, Paragraph
3). The booklet had not been modified before the repeated visit in Vojnik Psychiatric Hospital.
As a result, it was proposed to have it amended with the contact details of the previously
mentioned authorities (Ministry of Health, Medical Chamber of Slovenia, Human Rights
Ombudsman) and have the errors corrected. The hospital in question took into account
the proposals, and in the booklet Complaints Procedures complemented information with
the contact details of an advocate of patient’s rights in Celje. The written right stating that a
person under supervised treatment is guaranteed a right to use a telephone was deleted.
Given such a communication by Vojnik Psychiatric Hospital, it was explained that the NPM
pointed out that the right to the use of a telephone is guaranteed to a person staying in a
secure ward, in accordance with Article 12, Paragraph 2 of the ZDZdr, but not also to a
person under a supervised treatment. Since in the booklet, the hospital has enumerated
rights provided for by the mentioned Act, it is proper to have the text of the booklet harmonised
with the statutorily guaranteed rights. It is thus not correct that the right to use a telephone
has still not been written down among the rights of a person staying in a secure ward. It was
also pointed out that the ZDZdr stipulates only the minimum extent of rights which must be
guaranteed to every patient in the secure ward or under a supervised treatment. A patient
must, however, also be guaranteed the other rights guaranteed to every individual, pursuant
to the Constitution of the Republic of Slovenia and international documents on human rights
and fundamental freedoms. It is thus always possible to extend to patients the full range
of rights and the extent of an individual’s rights. Because of the above mentioned it was
proposed that Vojnik Psychiatric Hospital again revise the booklet so as to mention the NPM
of the revised text of the booklet.
In Vojnik Psychiatric Hospital, a letter box for comments and complaints is placed in front of
the entrance into the ward and in the room for nurses, in a punched plasticized file folder.
In the NPM’s opinion, proper anonymity is not provided for in this manner. The house rules
were not displayed on the notice board of the secure in-patient ward for women and so it was
proposed to have them displayed. The proposal was respected so that the house rules had
been framed (owing to potential abuse and the rules repeatedly being taken down). It was
put on the wall next to the entrance to the ward. The letterbox for comments and complaints
was placed anew inside the communal room which was commended. The notification on
rights (exchange of letters, sending and receiving parcels, making telephone calls, visits
and an advocate) displayed in the secure in-patient ward for women was commended; the
notification states that during treatment in a psychiatric hospital on the secure ward the
respect for human rights and fundamental freedoms is guaranteed to persons – particularly
human individuality and dignity and mental and physical integrity.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
65
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents