Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ... underlined; the failure to provide such a facility can impinge upon a patient’s sense of security and autonomy211. 3. CCTV monitoring in psychiatric hospitals As indicated in the CHR’s Report on the activities of the NPM in 2015, the Commissioner for Human Rights submitted a  general intervention to the Minister of Health, regarding the need to regulate the issue of CCTV monitoring in psychiatric hospitals. The Minister of Health agreed with the CHR’s arguments and announced that appropriate regulations would be introduced to the Act on Mental Health Protection212. Regretfully, the declaration has not yet been fulfilled. It should be recalled that certain issues concerning CCTV monitoring of isolation rooms and rooms for patients detained in hospitals with enhanced security systems are regulated by way of legislative acts on the level of ministerial regulation213. However, the powers awarded by parliamentary acts to issue implementing legislation do not cover the power to regulate, in such legislation, the use CCTV systems in psychiatric hospitals. It should thus be concluded that the current regulations on the use of CCTV camera monitoring in psychiatric hospitals have been adopted in a way which violates the provisions of Article 92(1) of the Constitution of the Republic of Poland. The fragmentary regulations of the current Regulations are, moreover, non-compliant with Article 47 in conjunction with Article 31(3) of the Constitution of the Republic of Poland, with Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and with Article 17(1) of the International Covenant on Civil and Political Rights214. The bill of 29 September 2016 amending the Act on Mental Health Protection and certain other acts should, undoubtedly, be assessed positively in the scope in which it permits the installation of CCTV monitoring cameras in rooms intended for direct coercion measures in the form of isolation. Still, Cf. 8th General Report on the CPT’s activities [CPT/Inf (98) 12], point 34. CHR’s general intervention of 5.01.2016 to the Minister of Health, ref. no. KMP.574.8.2015. 213 Regulation of the Minister of Health of 29 June 2012 on the use and documentation of direct coercion and the assessment of the necessity of its use (Journal of Laws of 2012, item 740); Regulation of the Minister of Health of 19 January 2017 on the Psychiatric Committee on preventive measures and the implementation of such measures by psychiatric care institutions (Journal of Laws of 2017, item 119); Regulation of the Minister of Health of 26 June 2012 on specific requirements to be met by premises and equipment of medical service providers, Dz. U. item 739 (Journal of Laws of 2012, item 739). 214 Dz. U. of 1977 no. 38, item 167. 211 212 70

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