2.1.1 People living in residential care settings
AGE PLATFORM
AGE Platform Europe (AGE) has
looked into how the COVID-19
outbreak and measures to respond to
it affect the rights of older persons. It
asserts that governments must give
special attention to balancing the
need for safety and protection and
the risk of social isolation. It argues
that “[w]hereas restrictive measures
can be legitimate for reasons of
public health and safety, these need
to be proportionate and to take into
account human rights implications,”272
and notes that alternatives to faceto-face contacts, such as telephone
or video calls with relatives, can help
to combat isolation, as is done by
nursing homes in Belgium.273
For more good practices, see:
www.age-platform.eu/coronaviruscovid-19
INFORMATION HUBS ON
COVID-19 AND PERSONS
DEPRIVED OF LIBERTY
The Association for the prevention
of torture (APT) has launched an
information hub on how different
actors (for example criminal
justice, penitentiary, healthcare and
monitoring bodies) are responding to
the COVID-19 outbreak. Information
can be fed in directly by APT
partners, in particular National
Preventive Mechanisms (national
monitoring mechanisms established
by the Optional Protocol (of 2002)
to the UN Convention against
Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment
(OPCAT)).
Further information:
Information hub
The WHO highlights that older people living in facilities such as nursing homes
are at greater risk of COVID-19 due to their age, their often underlying chronic
medical conditions and living in close proximity to others.116 The majority of
Member States temporarily limited or suspended visits to residential care
facilities in an attempt to prevent the spread of COVID-19.117 The Slovenian
Human Rights Ombuds Institution noted that, while medical experts saw
suspending visits to nursing homes as necessary, it is crucial that residents
experience such limitations as little as possible.
Despite these measures, COVID-19 cases have already been detected in some
nursing homes, with devastating consequences. Military teams sent to provide
emergency healthcare assistance in Spain found that staff in several privatelyrun centres in Madrid had stopped going to work after residents began to
fall ill with COVID-19 reportedly, leaving the sick and dying unattended.118
In one case, the military found 25 older people in a home who had died as
a result of COVID-19.119 In a pensioners’ home in Wuerzburg, Germany, nine
residents died of COVID-19, 15 were infected and 23 employees had to be
quarantined in their homes. The organisation representing the interests of
patients and persons in care institutions issued an urgent appeal not to keep
infected persons in the institution.120
Similar concerns also affect persons with disabilities living in institutional
settings. The UN Special Rapporteur on the rights of persons with disabilities
highlighted the high risk of contamination in institutions and called for
restrictions on contact with loved ones to be narrowly tailored.121 Unia, the
Belgian equality body, noted that parents of children with disabilities living
in institutions have to make a choice between bringing their child home or
going for long periods without seeing them.122
2.1.2 Prisons
The majority of Member States introduced measures in March 2020 temporarily
prohibiting or at least restricting visits to prisons. Some still allow lawyers to
enter the prison in compliance with social distancing rules. This is the case,
for example, in Belgium, Estonia (which also allows consular officers and
religious representatives), Lithuania, the Netherlands, Slovakia and Sweden.
Others provide options for telephone or videoconferences, for example in Italy,
Latvia, Luxembourg, the Netherlands and Portugal. In the Netherlands, juvenile
offenders may still receive visits from their parents or legal guardians.123 Several
Member States have also limited the time granted to prisoners outside their
cells, suspended prison transfers or banned temporary day release.
Some Member States have granted certain prisoners temporary or early release.
In the Netherlands, for example, detainees in the latter part of their sentences
who spend most of their time outside the prison working are temporarily
permitted to sleep at home.124 In contrast in Italy, authorities suspended the
semi-freedom regime (where prisoners work outside the prison during the day
but return to the prison at night).125 Organisations and detention monitoring
bodies in Belgium, France and Germany126 have called for measures such as
the release of certain detainees, such as those in pre-trial detention who do
not pose a danger to others or those who are old or sick.127
In Italy, some of the new measures introduced resulted in widespread revolts
in detention facilities, during which several prisoners and prison officers
were injured, and 12 prisoners died.128 After the revolts, the Authority for
the Protection of the People who are Detained or Deprived of their Personal
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