Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
There is the lack of regulation in the legal status at present being in force, it
should be noticed, which any restrictions they would implement in the scope of
going out from Centres buildings and premises by residents. One should and
so at present regard unlawfully reducing the personal freedom of residents solutions implemented in visited Centres. However taking the need for the safety
assurance into consideration for residents, the representatives of the Mechanism notice the need of settling the moved problem on the statutory level210.
Simultaneously to accept belongs, that decision to limit going out of Centre should
be dependent on the medical or the physical and mental condition of the resident,
confirmed with medical opinion or of psychologist.
6.2.2. Psychological and psychiatric care
The issue of the psychological-psychiatric care provided for residents of visited centres remains still in the interest of representatives of the NPM. Persuant
to § 6(2)(2) of the Ordinance of the Secretary of Labour & Social Policy from
23 August 2012 on social care centres211, the contact with a psychologist must
be provided for residents and the contact with a psychiatrist for persons staying in a centre for chronically mentally ill people. The inaccuracy of the quoted
regulation causes, that standard included in it will be fulfilled both at the different forms of cooperation with the psychologist (full-time or only part-time
employment, employment to the civil-legislative contract, establishing contact
with the psychologist employed at the psychological clinic), as well as at the
frequency very much diversified of contacts of the psychologist with residents.
In the opinion of the NPM employees, one should regard insufficient above solutions, because they let exclusively an ad-hoc assistance the benefit. It is worthwhile however taking into account the importance of lines, with which he can
play ensuring the permanent psychological help to persons with disabilities of
different kind or also with diseases, in surviving and dealing emotions and problems with. The employed psychologist at the centre has greater work opportunities with residents, because he is acquiring the knowledge about their charges
through the permanent contact with them, observation and conversations with
In the response of 21 January 2014, the Ministry of Labour & Social Policy Under Secretary pointed out, that „At present it is hard to settle, whether matters of going out of residents beyond premises
of the Social Care Centre will be settled with separate provisions of law, or whether applying solutions
in practice is also a better exit not violating the law in force, without enforcing additional regulations.
The way of settling this matter wasn’t still completely determined”.
211
Dz. U. z 2012 r., poz. 964.
210
66
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