Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
In some of the visited establishments, the visiting team was concerned about conditions in sanitary facilities (JDT in Świecie, JDT in Nowe, JS in Dominów, JDT in Zawiercie).
Shower cubicles lacked curtains ensuring intimacy to juveniles. In the JDT in Nowe, the
wall separating a urinal from washbasins was too low to ensure privacy and the camera
surveillance system did not have a function allowing to blur intimate body parts. The Recommendation197 of the Committee of Ministers to member states on the European Rules
for juvenile offenders subject to sanctions or measures states that juveniles shall have ready
access to sanitary facilities that are hygienic and respect privacy (Recommendation 65.2).
Rule 34 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty198 states that sanitary installations should be so located and of a sufficient standard to enable every juvenile to comply, as required, with their physical needs in privacy and in a clean
and decent manner. The directors of the establishments accepted the recommendations of
the NPM in this regard.
Juvenile residents could keep their personal belongings in the bedrooms and had an impact on the decor of their rooms, which resulted in an aesthetic variety of their bedrooms.
None of the visited establishments was adjusted to the needs of disabled persons. The
National Preventive Mechanism emphasizes that such establishments may also have to
accommodate e.g. a person on a wheel-chair. If the conditions in those establishments
do not change, such persons will not be able to use sanitary facilities or move around the
premises on their own.
In response to the recommendations of the NPM, the director of the JDT in Świecie
undertook to appropriately mark the individual rooms and furnish them to turn them
into a proper dwelling and, if the funds permit, to purchase mattresses with impermeable coating and place them on beds. He also explained that the current financial standing
did not allow to adjust the Centre to the needs of the disabled, adding that the need for
such adjustment would be reported to the supervisory authorities in the new budgetary
year. The director of Nowe establishment informed the NPM that he had applied to the
Budget and Investment Department for funds for designing and implementing adjustments of the premises to the needs of the disabled. The director of Juvenile Shelter in
Chojnice informed the Mechanism that the works on adjusting the isolation room to the
requirements of the Ordinance would have been finished by the end of 2011. He added
that the provisions of the Ordinance of the Minister of Infrastructure of 12 April 2002
on technical requirements for buildings and their location199 exempt juvenile shelters
from the obligation to be adjusted to the needs of the disabled. The issue is monitored
by the NPM.
CM/Rec(2008)11.
Adopted by the Resolution 45/113 of the UN General Assembly in December 1990.
Dz. U. of 2002, No 75, item 690, as amended.
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