Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
guardians of incapacitated persons182, the use of video surveillance183, alcohol-related problems of some residents184, contacts with the outside world185
and the scope of cooperation with psychologists186. All the problems were
analysed in the previous reports on the activities of the NMPT in Poland187,
as well as in the aforementioned thematic report on the functioning of social
care homes.
Last year, attention was also paid188 to serious difficulties existing in
practice in the interpretation of Article 8(1) of the Regulation of the Minister of Health of 28 June 2012 on the use and documentation of direct coercion and the assessment of the necessity of its use189 (hereinafter referred
to as the DC regulation). According to the regulation, direct coercion in
the form of a person’s isolation may be used in a room which, on the one
hand, is organized in a way which protects persons with mental disorders
against physical injury and, on the other hand, meets the living and sanitary standards similar to the other rooms in the social care institution. The
provision requires, therefore, the reconciliation of two aspects which, to
a certain degree, are contradictory to each other: ensuring the safety of
isolated residents and, on the other hand, ensuring that they stay in conditions typical of the institution, throughout the period of their isolation.
In the opinion of the NMPT, in cases when the use of direct coercion is
justified, the key obligation should be to ensure the person’s safety, even if,
during his/her isolation period, he/she temporarily has no access to equipment and items available in the other rooms. According to the applicable
Social Care Homes (SCHs) in: Gościan, Pabianice, Nowy Czarnów, Moryń, Otwock (ul. Marii Konopnickiej 17), Katowice Zacisze, Zabrze, Górno, Augustów (ul. Studzieniczna 2 and ul. 3 maja 37), Bobek,
Elbląg – Niezapominajka and Krasnystaw.
183
SCHs in: Pabianice, Zabrze, Warszawa-Wesoła im. Stanisława Broniewskiego Orszy, Górno, Elbląg
Niezapominajka and Pruszcz.
184
SCHs in: Katowice Zacisze, Górno, Zabrze, Kętrzyn, Krasnystaw – branch unit in Ostrów Krupski.
185
SCHs in: Otwock (ul. Marii Konopnickiej 17), Krasnystaw.
186
Social care centres in: Nowy Czarnów, Włocławek (ul. Nowomiejska 19), Kielce (ul. Sobieskiego 30),
Kętrzyn and Pruszcz.
187
Cf. Report of the Commissioner for Human Rights on the activities of the National Preventive Mechanism in 2015, the CHR Official Bulletin of 2016, no. 4, sources, pp. 88-94; Report of the Commissioner for
Human Rights on the activities of the National Preventive Mechanism in 2014, the CHR Official Bulletin
of 2015, no. 4, sources, pp. 81-85; Report of the Commissioner for Human Rights on the activities of the
National Preventive Mechanism in 2013, the CHR Official Bulletin of 2014, no. 4, sources, pp. 139-141;
Report of the Commissioner for Human Rights on the activities of the National Preventive Mechanism in
2012, the CHR Official Bulletin of 2013, no. 5, sources, pp. 81-83.
188
SCHs in Augustów (ul. Studzieniczna 2 and ul. 3 Maja 37).
189
Dz. U. of 2012, item 740.
182
62
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