npm annual report 2016 / observations and recommendations
3.9
Residential units for persons
with intellectual and other disabilities
In total, nine residential units for persons with intellectual and other disabilities were
visited. Three of these visits were unannounced. The units were located in Tampere,
Ulvila, Kouvola, Helsinki, Kuopio and Kajaani and included both institutional care
and housing services units. Of these, six were units for persons with intellectual disabilities, one a unit for persons with severe disabilities, and one a unit that cared for
both types of customers. A doctor specialised in intellectual disabilities participated in
one of the visits as an external expert.
Particular attention on visits to units providing institutional care and housing services for persons with disabilities was paid to practices related to restrictions of fundamental rights and the use of restrictive measures. On these visits, the Ombudsman
stressed the importance of the new provisions of the act on intellectual disabilities
(laki kehitysvammaisten erityishuollosta, 519/1977) that entered into force on 10 June
2016, using restrictive and protective measures as the last resort, and the significance
of supporting the residents’ right to self-determination when providing housing and
rehabilitation services for persons with disabilities. The housing conditions, accessibility of facilities, possibilities for participation available for persons with disabilities
and access to adequate assistance were also assessed on the visits.
With the ratification of the UN Convention on the Rights of Persons with Disabilities, the Parliamentary Ombudsman became part of the mechanism referred to
in Article 33(2) of the Convention designated to promote, protect and monitor the
implementation of the rights of persons with disabilities. The Ombudsman thus also
paid attention to the implementation of the rights specified in the Convention on his
visits.
• A visit was conducted in a unit providing institutional care for persons with intellectual disabilities (Antinkartano rehabilitation centre, Ulvila), partly because the
Ombudsman had received complaints concerning the organisation of special care
and the use of restrictive measures.
On the visit, the staff’s attention was drawn to the fact that socalled care-related measures (including support belts, helmets, bed
rails) can in some situations restrict a person’s fundamental rights
and right to self-determination.
The NPM brought up the new provisions on restrictive measures in
the act on intellectual disabilities that must be taken into consideration when updating the instructions on using coercion. A decision
must be made on the use of restrictive measures. Under the new
provisions, the resident’s legal representative, family member or
similar also need to be informed of the decision without delay
when the resident is personally unable to use legal remedies.
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