Part I
there are no adequate statutory regulations with regard to single occupancy
rooms where direct coercion measures in the form of restraining patients
with mental disorders are used, and with regard to hospitals’ observation
units and wards with enhanced security systems215.
Apart from the aforementioned arguments regarding the correctness of
legislative procedures, the issue of CCTV monitoring is of fundamental importance from the point of view of human rights. Particular care about the
situation of psychiatric hospitals’ patients is also related to the higher risk of
social exclusion, compared to other social groups. There is no doubt that the
failure to appropriately protect those patients’ rights, personal data and images creates a risk that such information may be misused. With this in mind,
the NMPT will monitor the implementation of legal regulations ensuring
adequate protection of psychiatric hospitals’ patients.
4. Lack of regulations on escorted transport of persons subjected
to preventive measures outside the institution
For several years, the NMPT has been calling for the regulation of the
procedure of escorted transport of patients of psychiatric hospitals and
wards, who are held there pursuant to adjudicated preventive measures, outside the premises of the institution for the purpose of medical consultations,
examination or treatment. Currently, it is the responsibility of the hospital
administration to provide such escorted transport. The NMPT noted that at
present there happen situations in which psychiatric hospital patients are escorted by public transport, which raises reasonable concerns about the safety
of other passengers. In the opinion of the Ministry of Health, it is justified to
introduce, into the Executive Penal Code, provisions on escorted transport
of persons in relation to whom preventive measures have been adjudicated.
According to the NMPT, it is necessary to take legislative action to determine the escorted transport procedure, i.e.: situations in which it should be
used, responsible entities, escorting team composition, means of transport,
and measures to be taken in order to prevent aggression and uncontrolled
departure of the escorted person. At present, it is the sole responsibility of
psychiatric hospitals to organize escorted transport and to ensure its safety
and security, in cases when it is necessary to transport a patient beyond the
The CHR’s opinion of 27.10.2016 on the bill amending the Act on Mental Health Protection and certain other acts, ref. no. KMP.022.4.2016.
215
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