Chapter 7. Observing the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment To the Ministry of Health of Ukraine: 143 2. Develop and approve a draft Ministry of Health of Ukraine order to regulate the procedure for physical examination during hospitalization and stay in psychiatric care facilities, for interviews following injuries and documentation of injuries, as well as notification of the relevant law enforcement agencies. To the Ministry of Justice of Ukraine – develop a draft law aimed at bringing the content of Article 127 of the Criminal Code of Ukraine into line with the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and submit this to the Verkhovna Rada of Ukraine. 7.2. Right to liberty and security of person The right to life, liberty and security of person is a key and fundamental human right protected by the Constitution. High-profile events at the end of 2019 in penitentiary institutions, the results of monitoring visits to places of detention of various types, a significant number of complaints addressed to the Commissioner, and accounts published in the media on violations of human rights and freedoms indicate that the level of security guarantees in places of detention requires significant intervention from state and non-state institutions. The right to life, liberty and security of person is enshrined in the normative definition of the legal status of persons in places of detention, and the regulation of their rights, legitimate interests and responsibilities, in particular on fire safety. However, monitoring visits undertaken by the National Preventive Mechanism in 2019 proved that some places of detention are not ensuring that state guarantees on the safety of persons detained in such institutions are met, leading to violations of the rights of individuals in detention and a number of actual and potentially dangerous situations. CHAPTER 7 1. Bring the Rules for use of physical restraint and/or isolation in the provision of psychiatric care to persons with learning disabilities, and the systems in place for documenting incidents (approved by Ministry of Health of Ukraine Order 240 of 24 March 2016) in line with the Standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment “Means of restraint in psychiatric establishments for adults” (CPT/Inf (2017)), in particular, in regard to the prohibition of physical restraint in the presence of other patients; without certified fixation belts; with the use of beds with armoured nets; as well as in relation to the definition of chemical fixation procedures.

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