88
9. Persons deprived of their liberty at the places of detention visited by the NPM
The two eldest residents (a man and a woman) were aged 88 while the
youngest was 25. There were 5 other residents (4 men and 1 woman) in their
twenties living in the Institution. Most of the residents were aged between 50
and 70, but the Institution looked after persons in other age groups as well.
According to the statement submitted to me by the Institution, 23 residents’ legal capacity to act was not restricted, but one of them was assisted
by a supporter in decision-making. 101 residents were under fully restrictive
guardianship,178 whereas 112 were under partially restrictive guardianship.179
In the case of 4 additional residents under guardianship, the type of guardianship was not indicated.
During the preliminary care preceding a person’s moving-in, the staff
members of the Institution visited the would-be resident in his/her home
or at the hospital treating him/her. Apart from some minor discrepancies
on the data sheet, the visiting delegation did not remark any fundamentalrights-related impropriety in relation to the preliminary care procedure.
The majority of the residents were admitted by the Institution at the request of their relatives, in relation to which I called the head of the institution’s attention to Article 19 of the CRPD about living independently and
being included in the community.
There were 8 rooms on each of the two storeys of both Building B and
Building C where the residents were accommodated. In both buildings, there
was a wing for men and a wing for women, and both buildings could accommodate 120 residents. The placement of residents was arbitrary, on
the basis of places becoming vacant;
the only criterion was that residents
confined to a wheelchair would be
lodged on the ground floor. Both
buildings were equipped with a
lift; however, the one in Building
C had been out of order for about
one and a half years. The use of the
A residential room
in the Integrated Social Care Institution
of South Borsod
178
179
See Section 2 (21) of Act V of 2013 on the Civil Code.
See Section 2 (19) of Act V of 2013 on the Civil Code.
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