Use of direct coercion measures in 24-hour care facilities
In the opinion of the NMPT, there is a lack of legal regulations on the use
of direct coercion measures in such facilities. According to the current regulations, the use of such measures in places other than psychiatric hospitals is
permitted only in organizational units that are operated by the social welfare
system, in social care homes and, in the case of specifically authorized authorities e.g. the police, at any place as required. If direct coercion measures
are used in 24-hour care facilities, then in the opinion of the NMPT, they may
constitute actions that are prohibited (violation of bodily integrity, or unlawful
deprivation of liberty).
The Commissioner has applied to the Minister of Family, Labour and Social
Policy for regulating the use of direct coercion measures in 24-hour care facilities79. The Minister shared the Commissioner’s opinion and ensured that the
Ministry is working on introducing, into the Act on Social Welfare, provisions
that would require employment, by such facilities, of medical personnel that
would be authorized to use direct coercion measures. Unfortunately, despite
the Minister’s announcements the amendment has not been introduced yet.
Currently, 24-hour care facilities are not formally permitted to use
coercion measures in relation to their residents but they are, at the
same time, required to keep registers of cases of use of direct coercion
(by other entities, e.g. ambulance staff or the police), including the
date and scope of using such measures.
CCTV monitoring
Installing cameras in these types of establishments may constitute intrusion
into the privacy of residents, employees and other persons on the premises of
the monitored facility. To ensure that the application of this type of supervision
is legal, it is vital for it to meet the criteria specified in Article 31 (3) of the
KMP.575.13.2016.
79
Report of the Commissioner for Human Rights on the activities
of the National Mechanism for the Prevention of Torture in Poland in 2018
51
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