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 4

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