41 The Ministry of Health should put in place measures within its sphere of competence to amend the Law on the Protection of Persons with Mental Disabilities, including the provisions governing voluntary and involuntary hospitalisation procedures, the role of police in relation to persons with mental disorders, the use of physical restraint and in particular solitary confinement of patients. Once the Law has been amended, it will be necessary to work on amendments to the Bylaw on Detailed Conditions for Use of Physical Restraint and Solitary Confinement of Persons with Mental Disorders Hospitalized for Treatment in Psychiatric Institutions. The Ministry of Health should put in place measures to adapt the accommodation capacities of the Social Psychiatric Hospital “Kovin.” 6.5. Detention of persons to social welfare homes In 2014, the Serbian NPM visited a total of 5 social welfare homes. The NPM compiled three reports114 of the visits conducted in 2014 and one report115 of a visit conducted in 2013. Based on the Report of Visit to the Residential Institution “Veternik” of 2013, the NPM prepared 3 systemic recommendations116 which were sent to the Ministry of Labour, Employment, Veteran and Social Affairs and the Provincial Secretariat of Health, Social Policy and Demographics in 2014. Through the reports of the visits, the competent authorities were issued a total of 49 recommendations. Of that number, the competent authorities have implemented 24 recommendations, 2 recommendations have not been implemented, 15 recommendations require follow-up activities, while in 8 cases the addressed authorities have not yet responded to the recommendations. During the reporting period, the NPM has not observed any improvements in the care for persons placed in social welfare homes or any major advancements towards deinstitutionalisation. Large social welfare homes still have users whose sole reason for being placed there is the lack of community-based care and the absence of support to their families and guardians in their care for these persons. Apart from being unsuitable for the placement of beneficiaries, the existing social welfare homes lack staff, including in particular physicians, pedagogues and care-givers; also, there have been no visible efforts to bring the number of beneficiaries placed in such institutions down to the maximum allowed under the statute. With the aim of removing most of the users from the Social Welfare Homes, bringing their number in line with the statutory maximum, providing for separate accommodation of children and adults and facilitation of community-based care for the users, in 2014 the NPM prepared recommendations in which he drew the attention of the Ministry of Labour, Employment, Veteran and Social Affairs and the Provincial Secretariat of Health, Social Policy and Demographics to the identified shortcomings in the work of the Residential Institution “Veternik”, the need to remove most of the users from the Institution in the next two years and the need to provide community-based support or accommodation, coupled with a reduction in the capacity of the Residential Institution to maximum 50 users, all of whom must be children and youth, in accordance with the relevant regulations and applicable standards. 114Report of Visit to the Residential Care Facility Voždovac and the authority’s response available at http://www.zastitnik.rs/index.php/lang-sr/izvestaji/posebnii-izvestaji/3572-2014-11-25-09-17-29, Report of Visit to the Gerontology Centre “Srem” in Ruma and the authority’s response available at http://www.zastitnik.rs/index.php/lang-sr/izvestaji/posebnii-izvestaji/3792-2015-04-14-14-18-00, Report of Visit to the Gerontology Centre in Šabac case No. 71 –81/14. 115Report of Visit to the Residential Care Facility “Veternik” and the authority’s response available at http://www.zastitnik.rs/index.php/lang-sr/izvestaji/posebnii-izvestaji/3360-2014-06-19-13-00-21. 116Recommendations issued to the Residential Care Facility “Veternik” No. 75-54/14 available at http://www.zastitnik.rs/index.php/lang-sr/2012-02-07-14-03-33/3418-2014-08-01-11-28-35.

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