Fundamental Freedoms, the case Stanev v. Bulgaria (judgment of 17.01.2012). Although the
case concerns a person placed in a home for people with mental disorders, the findings and
conclusions of the court apply also to the homes for people with dementia. Mr Stanev who was
placed under partial judicial disability, was placed against his will in a residential social service
in the village of Pastra. After a visit to the service, representatives of the Committee for the
Prevention of Torture and Inhuman or Degrading Treatment with the Council of Europe
considered that the conditions in the home amounted to inhuman and degrading treatment
towards the people placed there, including deplorable living conditions and lack of food for a
long period of time. The court holds that the Bulgarian State was aware of the deplorable
conditions in that service but did not take any action to close it. The judgment states that the
lack of financial resources cannot be an excuse for placing people in that service.
As a result of the inspections conducted in that home, the Ombudsman acting as NPM,
believes that not only the people placed there are badly and degradingly treated, but their
fundamental human rights were infringed:
1. Right to private space – there are from three to seven beds in the bedrooms, separated
by a narrow aisle between them. There is a bedroom without any cupboard for personal
belongings due to lack of space in the room.
2. Possibility to maintain personal hygiene – there is only one shower and two toilets in
a home with the capacity for 60 persons.
3. Right to free movement – the bedrooms are separated from the administrative offices
by a corridor and a door, which is locked. Persons who are moving independently go outside in
the yard rarely and only accompanied by a staff member. Meals are organized at tables placed
in the corridor in front of the bedrooms. There is a canteen, which is one floor below but it is
not accessible for people with disabilities and thus it is not used by the people placed in the
Home.
4. Right to contacts with relatives – the Home is located in the village of Gorsko Kosovo,
which is difficult to access with public transport. In a complaint to the Ombudsman it is pointed
out that the relatives of a deceased person were refused information over the telephone (20 July
2019), and the nurse behaved rudely (4 August 2019).
5. Right to professional medical care – there is 24/7 supervision by a medical staff
member in the Home but it is not efficient. A neurologist and dermatologist are appointed parttime to fill in the medical doctor F.T.E. One rehabilitation therapist is appointed with a civil
contract.
Nevertheless, during the inspection the NPM team established that many people were
confined to bed, most of them in a state of cachexia and restrained. There was a person placed
recently in the Home who had bedsores (decubitus ulcers) that had not been treated for four
days due to the nurse’s absence. The general practitioner did not visit the people in the Home
and had no direct observations about their health condition, while at the same time he was
prescribing medication according to data obtained from the nurse.
6. Right to specialised care and social activities – there are two F.T.E.s for social
workers in a home with the capacity to accommodate 60 persons, which is extremely
insufficient for any professional care to be provided. There is no F.T.E. for a psychologist or
labour therapist to assist the placed persons’ adaptation to living in a home. There is no space
designated for labour therapy or group sessions to add meaning to the patients’ daily lives. The
patients do not receive any social services in the community and in practice spend the better
part of their time in their rooms.
7. Right to safety – there used to be alarm bells above the beds in the past but during the
inspection few were working. This undermines the people’s safety and prevents timely reaction
by the staff.
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