Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
the staff, but first of all their confidence being one of factors increasing the effectiveness of led influences212.
6.2.3. Protectively-supporting services
Every social care centre, independently to the type, provides services for his
residents in existential needs, protectively-supporting services. Persuant to § 5(1)
(3b) of the Ordinance of the Secretary of Labour & Social Policy from 23 August
2012 among others raising the fitness of residents is falling within the scope of
supporting services. General character lets the shown regulation claim that the
duty is regarding assisting the fitness of residents both of their intellectual, as well
as physical sphere. Applicable regulations safeguard creating the technical back for
the accomplishment at the centre of services supporting in physical streamlining,
however they forgot about safeguarding the essential personal back.
In spite of very good equipping with the rehabilitation equipment, in some
of visited centres213, an undermanning of the staff in charge of the rehabilitation
of residents was noticeable, as a result of what meeting the needs of all residents
requiring physical streamlining or completion of the rehabilitation in the reduced
scope was impossible.
6.3. Areas requiring improvement
6.3.1. Legality of stay
It was reported, that 45 residents at which only a mental illness was diagnosed
without co-occuring intellectual disability, stayed in one of centres214 meant for
adults intellectually disabled persons. These persons were referred to the center in
2000-2008 years. It is worthwhile pointing, that pursuant to applicable regulations
(Art. 56 and § 2 acts from 12 March 2004 about the welfare215), centres for adult
In this respect one should not regard satisfying the reply of the Ministry of Labour & Social Policy
Under Secretary from 21 January 2014, in which it was indicated that „according to the Art. of 58 sec.
2 acts on the welfare, social care centre enables and for residents a help in receiving health benefits it
being entitled to them pursuant to separate provisions is organising. Social care centres aren’t medical institutions and cannot carry benefits of the health care out, since it isn’t setting them. Residents
of social care centres have the same access to health benefits, like other persons”. In the issue of the
psychological care it was stated only, that currently in force „provisions on the welfare aren’t putting
to social care centres of the duty of employing the psychologist and/or the psychiatrist, even in care
centres for persons with psychic disturbances”.
213
Social Care Centre in Gdańsk, Social Care Centre in Przasnysz, Social Care Centre in Susz, Social
Care Centre in Warszawa.
214
Social Care Centre in Legnickie Pole.
215
Dz. U. of 2013, item 182.
212
67
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