National Preventive Mechanism
2.4 Institutions and facilities for persons with disabilities
2.4.1 Introduction
In 2014, the commissions carried out 78 monitoring and control visits in
institutions and facilities created especially for persons with disabilities.
As was the case in the previous year, public and private operators were
monitored and controlled, whereby the range of institutions included homes,
shared accommodations, day care centres, sheltered workshops and nursing
wards. These types of institutions and facilities are encompassed both by
the OPCAT mandate and by the mandate set out in Section 16 (3) of the UN
Convention on the Rights of Persons with Disabilities (CRPD).
The monitoring activities turned out to be very complex due to differing levels
of need, the broad range of offerings and the diversity of the institutions
and organisational forms. At the same time, the commissions also found
qualitative and quantitative deficits with regard to care, especially for
people with double and multiple diagnoses (learning disability and mental
disorder or psychiatric impairment). Persons with intellectual impairment,
who additionally are experiencing a psychosocial crisis or a mental illness,
sometimes show extremely aggressive behaviour toward themselves or
others; this creates a great deal of stress for themselves, the care staff and their
families. Mentally disabled persons exhibit mental health issues and classic
psychiatric disorders three to four times more frequently than the average
population. This statement by the World Health Organisation (WHO), is
based on the higher degree of vulnerability of this group of persons. At the
same time, mental illness creates a particular challenge to caretakers, as
the capability of these persons to comprehend and verbalise their disorder is
frequently impaired. Therefore, persons employed in social institutions and
facilities must address these psychiatric conditions, learn to understand them
and find individual responses to behaviours to which they had previously
not had a connection. As a result, situations arise during their day-to-day
work that often overwhelm them.
Broad range of
offerings but deficits in
care nevertheless
Emphasising their mandate to prevent violence, the commissions have found
that deficits in care result in crises that sometimes lead to very dramatic
physical assaults on other residents and staff. It is by no means rare that these
persons, who require intensive care, are passed on from facility to facility
and in the process lose their support systems again and again, producing
and exacerbating hospitalisation effects. This is the consequence of the
lack of an environment with person-centred care and therapeutic support
by qualified staff. If institutions and facilities are not successful in finding
adequate resources and preventing these escalations, this can have fatal
consequences, which must then be borne by the persons with disabilities
who are thus cheated of opportunities for development and happiness. For
example, Commission 1 encountered a 15-year-old in the forensic ward at
Violence as a
consequence of
unsuitable conditions
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