Part I regulations, direct coercion in social care homes, in the form of people’s isolation, may be used for up to 8 hours (Article 5(1) of the DC Regulation) which excludes people’s long-term stay in isolation rooms. Therefore, there is no need to arrange them in the same way as the other rooms available to the residents. It should be borne in mind, however, that the priority of security does not justify non-compliance with the requirement to arrange the isolation rooms in such a way so as to respect the dignity of the residents. During the visits conducted in 2016, the NMPT representatives also identified the problem of insufficient supervision exercised by family judges over social care homes. According to Article 43(1) of the Act of 19 August 1994 on Mental Health Protection190 (hereinafter referred to as the AMHP), the requirement for conducting, by judges, of supervision over the lawfulness of admitting persons with mental disorders to social care homes, over respecting their rights and over the conditions existing in the institutions, applies only to social care homes for mentally ill persons or mentally retarded persons. Persons with mental disorders may, however, be placed in various types of homes, e.g. homes for persons with chronic somatic diseases, if this is justified by their somatic condition and if they are referred to such a home by the referring entity. In practice, therefore, it may happen that because of the construction of the above-mentioned provision, a given social care home is not supervised by a court at all, despite having mentally ill residents191. In the opinion of the NMPT, such a solution puts some residents of social care homes in an underprivileged position as they may be deprived of their liberty for a period not subject to verification and not specifically determined. This violates the guarantee of every human being’s personal liberty, as well as closes the possibility to demand verification of the person’s status through direct contact with a visiting judge. Both above mentioned issues were highlighted by the CHR in his letter to the Minister of Health, containing an opinion on the bill amending the Mental Health Act and certain other acts192. Dz. U. of 2016, item 546. e.g. SCH Kalina in Suwałki. 192 Letter of 27 October 2016, ref. no. KMP.022.4.2016. 190 191 63

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