6. Unresolved issues in effective prevention of ill-treatment
provides for administrative punishment of social service providers in case of non-compliance with formalities, but defines no infraction covering often serious
instances of interference with privacy, safety, integrity
and dignity of service users. The Healthcare Services
Act does not even include any infractions with regard
to incorrect use of means of restraint. This results in
non-punishability of less serious forms of ill-treatment
and contributes to low respect towards control bodies.
It is necessary to revise the Criminal Code and
define infractions in the relevant sectoral laws
so as to ensure that no form of intentional degrading treatment remains non-punishable.
Recording and reporting medical findings of ill-treatment
especially police and foreigner detention and
prisons, but also other facilities
Issue: The prohibition of torture and other forms of
ill-treatment is always weakened when the perpetrators are not punished for their acts. If a credible complaint is received or there are injuries indicating ill-treatment, an effective investigation must be conducted.
The systematic visits indicated that the medical reports
on examination and treatment lack the parameters
required for investigation of ill-treatment. In extreme
cases, the examination is limited to several questions
asked in the presence of a police officer. This is caused
by a low awareness of the principles governing documentation of ill-treatment. The statutory confidentiality requirement under the Healthcare Services Act
then does not permit a physician, without the patient’s
consent, to submit findings on signs of ill-treatment to
authorities competent to investigate.
Potential solution: It is necessary to provide methodological guidance to physicians, change the legislation
on confidentiality, and to initiate a professional debate so that physicians accept their role in combatting
ill-treatment with understanding and without endangering the physician-patient relationship.
Modify the Healthcare Services Act so that
reporting on findings of marks of ill-treatment
does not represent violation of the physician’s
confidentiality.
Confidentiality of medical examination is not ensured
police and foreigner detention and prisons
Issue: The right of a person restricted in freedom to
see a physician is one of the basic safeguards against
ill-treatment. The presence of police officers or prison
guards deters the victim from disclosing information
on any ill-treatment to the physician. As regards medical examinations of persons under the authority of the
Prison Service of the Czech Republic, the Healthcare
Services Act (Section 46 (1)(g)) provides that they shall
take place in the presence of an officer who has to be
“in sight” and in cases of danger even “within earshot”.
The Act lays down no special regime for medical examinations of persons presented by the Police of the Czech
Republic, but the Police President’s binding instruction
prescribes that at least one police officer shall remain
in visual contact. For the prevention of ill-treatment to
be effective, CPT standards require that no police officer
or prison guard be present at all unless this is requested
by the physician for security reasons, and even in that
case, only in sight.
It is necessary to modify the Healthcare Services
Act and instruct police officers and members of
the Prison Service of the Czech Republic to respect the rule that their presence in treatment is
only possible on the physician’s request, and in
that case only “in sight”.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents