Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
from branches266 and deficiency of funds for the purchase of needed materials for giving classes (e.g. of plastic and office materials, articles for the do-it-yourself)267.
7.3.6. Right to contact with the outside world
During their stay in hospital, all patients should have ensured the contact
with the outside world in the form of uncensored and unread correspondence
(also by electronic means, using their own devices with access to mobile internet),
unsupervised talks by phone (also using their own mobile phones) and visits without the presence of the hospital staff.
Pursuant to Article 33 of the Act of 6 November 2008 on patient’s rights and
the ombudsman for patients rights268 patient of the healing subject performing
healing activity in the kind of stationary and 24-hour health benefits, as defined in
provisions on healing activity, has the right to personal, telephone or correspondence contact with other269.
One should of course understand, that from health considerations temporary
limiting contacts of patients with persons from outside the institution is necessary,
in exceptional situations. Never however this restriction cannot be established into
the any way, and with not taking into account the possibility of individual treating.
Above mentioned, the right to contact conected with patient’s rights to the
respect of the private and family life, at other visited institutions have often been
violated. One should in this place notice that, more often than not, it resulted from
worry about the respect for the law to the intimacy of other patients or for lack of
detailed legal definitions.
For example, in none of institutions patients used the Internet, in most of them
there was a ban on having telephones equipped with functions of making photographs, of the sound and the image recording, or having any telephones270. A ban on
independent using wired battery chargers, was an additional restriction271.
Bearing in mind the majority of mobile phones offered at present on the market is equipped into registration functions, workers of the NPM recommended
E.g. hospital w Radecznica.
E.g. hospital in Radom.
268
Dz. U. of 2012, item 159, as amended.
269
Detainees staying in the mental hospital are an exception, of which a body determines conditions
of putting, for the instruction of which they stay, persuant to Art. 213 § 1 Executive Penal Code and
which conditions of the intercommunication with other persons and subjects describes provisions
provisions, included in the Code of Penal Procedure and the Executive Penal Code.
270
It is regarding all institutions with the exception of Ciborz and Radom, where it was possible to
obtain an individual consent to use the mobile phone.
271
Hospital in: Toszek, Międzyrzecze.
266
267
77
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