CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM
rights. In essence, placement in a social welfare institution only involves restriction of the person’s freedom
(which is a fundamental rights under § 20 of the Constitution), while all the other rights, including, for
example, the right to the inviolability of property, the right to education, protection of health, the right of
expression, etc, are maintained to the full extent. Thus, even a person placed in a social welfare institution
by a court ruling has the right to freely possess, use and dispose of their mobile phone or computer.
In a situation where a service recipient in a care home disturbs the peace of other persons, the service provider may (but does not have to), at the request of addressees of the calls, use other measures, for example,
explaining, persuading, etc, as the issue concerns relations between a resident of a care home and other
persons and is not related to the provision of the care service. It would also be reasonable to notify the
person’s legal representatives about the situation.
These were the issues most frequently raised during the training sessions.
In 2011, the Chancellor of Justice will continue the training project and will carry out training sessions for
the staff who have direct contact with the clients in thirteen care homes.
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