National Preventive Mechanism
plates through a kitchen hatch. There were no occupational opportunities to
stay active and no possibility for co-determination and participation.
The NPM considers such remunerated forms of residence for persons with
mental or neurological diseases to be inappropriate.
Independence, self-determination and individual responsibility were neither
guaranteed nor promoted in the facilities that were criticised. The core principles
of the UN CRPD were violated. Restrictions of freedom were imposed as a result
of a lack of structural suitability, the provision of sedatives or measures that
made it impossible to leave the buildings. The living conditions encountered
in these officially not approved facilities breached the dignity and autonomy
inherent within each individual, along with the freedom to make their own
decisions. Above all, there is no promotion or full and effective participation
and inclusion into society if older people do not have any opportunity to
integrate into community life due to the isolated position of the facility.
Disregarding the
UN CRPD
The NPM sees it as its responsibility to point out, that vulnerable persons must
be protected against the risk of neglect and inadequate medical care by private
individuals. Nobody may be denied the right to live out the final years of their
life with dignity. Even the consent of legal guardians or relatives to precarious
forms of support does not change the fact that, according to the Federal Act on
Healthcare and Nursing Professions (Gesundheits- und Krankenpflegegesetz),
nursing activities against payment may only be performed by adequately
trained staff.
Also the Human Rights Advisory Council indicates in its statement that
public institutions and facilities charged with the protection of the physical
and mental integrity of individuals are under a duty to guarantee reasonable
(statutory and administrative) protection against potential abuse by private
persons, if they are or should be aware of the care arrangements.
The state‘s duty to
protect
As operators of facilities for persons with disabilities and those who are
responsible for social welfare, the Laender must provide effective protection
and care to persons with impairments against dangerous, inhuman or
degrading treatment. This also entails that care arrangements that have not
been officially approved must be controlled and that amateur nursing must be
prohibited.
XX
In order to comply with their duty to protect persons with severe impairments under human
rights law, supervisory authorities must investigate all evidence. They must prohibit
treatment of persons with severe impairments in facilities that have not been officially
approved.
113
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