number of video cameras had been increased, besides the activities undertaken by the
staff. ● the staff members’ failure to perform professional training courses, especially
given the behavioural diversity of beneficiaries in neuro-psychiatric recovery and
rehabilitation centres.(C.R.R.N. Plătărești, Călărași county).Recommendation: the
staff should take part in professional training courses on crisis management,
considering the beneficiaries’ behavioural diversity. Answer: The centre mentioned
that the staff did not take part in professional training courses.
Recommendations/proposals to change the legislative framework
Monitoring bodies (NPMs) play a central part in defending the rights of
persons deprived from freedom. Their preventive mandate, providing access to all
detention places, confers them a unique position, as they are able to report on the
encountered realities and provide recommendations with a view to improving
relevant practices. The mandate goes beyond visits and the check of material
conditions, including an assessment of the general management and constructive
dialogue with authorities, with a view to finding solutions to prevent abuse.
In most visited neuro-psychiatric recovery and rehabilitation centres for adults
with disabilities, beneficiaries with no reasoning were identified, who had no legal
representatives appointed, though art. 111 NCC stipulates the centres’ obligation to
notify the court for guardianship.
Regarding this, the Committee for the rights of persons with disabilities
interpreted article 12 of the Convention on the rights of persons with
disabilities, in its General Comment 1, establishing that mechanisms to
substitute the decisions of persons with disabilities should be replaced by
supporting mechanisms for decision making, ensuring a person’s autonomy and
choices. The direct effect of the failure to ensure legal capacity is the ignorance of
the person’s consent in all spheres of his/her life, but especially in terms of
institutionalisation in various psychiatric institutions and the administration of
treatment. The committee for the rights of persons with disabilities decided that there
is a close connection between the failure to ensure a person’s legal capacity,
discrimination and forced medical intervention, which may result in torture or
inhuman or degrading treatment in some cases.
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