OPEN RESEARCH BEHIND CLOSED DOORS
2. COVID-19 AND HUMAN RIGHTS
IN CLOSED INSTITUTIONS
The Coronavirus had and still has an enormous impact on the situation
of persons who are deprived of liberty. First, containing an outbreak in
closed institutions is extremely difficult due to the proximity of living (exacerbated by notorious overcrowding). Consequently, relevant human rights
mechanisms and NGOs called for a reduction of the population in places
of detention, and indeed the number of detainees decreased practically all over Europe.25 In Italy, the prison population decreased by 13,9 %.
A trend that did not apply in Austria for persons with intellectual and psychosocial disabilities deprived of liberty.26 Second, in addition to existing restrictions inheriting the deprivation of liberty, new ones were put in
place to prevent the spread of the virus. Personal visits, and most social
and rehabilitative activities (like group therapies, training or work), were
reduced or suspended.27 Time spent outside private rooms was reduced,
and new arrivals were placed in quarantine for up to 14 days.28 Hearings
were delayed or held remotely, resulting in some cases in prolonged deprivation of liberty and difficulties to follow the hearing for some.29 While
access to a lawyer was upheld in most cases, its quality and frequency in
some cases suffered from limited visiting hours and contact by remote
means.30
Although many of these restrictions are crucial to prevent the spread of the
Coronavirus, they interfere with fundamental rights (e.g., the right to liberty, the right to family life and the right to health) and significantly impact
the well-being of persons deprived of liberty.31 Thus, applied hygienic and
restrictive measures need to be assessed in light of their proportionality
and necessity considering the consequences for the persons concerned.
Moreover, measures to mitigate the negative impact of restrictions should
be introduced.32 In the following, some rights affected by the measures to
prevent the spread of COVID-19 will be given a closer look.
2.1 Right to liberty
Key aspects
» The aim of the deprivation of liberty of persons with intellectual and
psychosocial disabilities must be therapy and rehabilitation
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