Institutions and Human Rights regarding the definition and the unconditional
prohibition of torture in the Polish legislation23.
LACK OF LEGISLATIVE GROUNDS FOR LIMITING SOCIAL CARE HOME
RESIDENTS’ POSSIBILITY TO FREELY LEAVE THE HOME24
In 2017, after the publication of the NMPT’s report entitled Rights of residents
of social care homes: how to jointly ensure dignified life to seniors, ill persons and
persons with disabilities? the Commissioner for Human Rights requested the
Minister of Family, Labour and Social Policy to express her opinion on the
systemic problems diagnosed in the document. During the conducted visits,
people relatively frequently reported the problem of restricting residents’
possibility to freely leave the home, which, in the opinion of Commissioner, finds
no grounds in the current legislation. However, some residents, due to their
physical and psychological condition, should not leave their social care homes by
themselves as this might pose a risk to their lives or health. Therefore, it seems
justified to take action to regulate the issue by means of an act of the Parliament.
PROVISION OF PSYCHOLOGICAL AND PSYCHIATRIC ASSISTANCE TO
RESIDENTS OF SOCIAL CARE HOMES25
Another problem discussed in the aforementioned report and presented
to the Minister is the provision of psychological and psychiatric assistance to
residents of social care homes. The current legal regulations set out only general
standards of access to psychologists and psychiatrists but do not specify forms
or frequency of their cooperation with residents of social care homes.
LACK OF LEGAL REGULATIONS ON THE USE OF VIDEO SURVEILLANCE
IN SOCIAL CARE HOMES26
The CHR’s intervention also referred to the use of video surveillance systems
in social care homes. This issue is not covered by the regulations that govern
the work of such homes. The operation of cameras in the facilities may interfere
The opinion is available at: www.kmpt.rpo.gov.pl.
KMP.575.7.2016
25
see above
26
see above
23
24
Report of the Commissioner for Human Rights on the activities
of the National Mechanism for the Prevention of Torture in Poland in 2018
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents