Pa r t i I .
ward169 or centre170. All residents should be provided with similar living conditions
that meet the requirements of the Ordinance of 23 August 2012 on social care centres. However, the employees of the Mechanism once again indicate that residents
may be transferred to another room or ward only upon their consent.
The employees of the NPM believe that internal regulations of social care
centres may not introduce provisions on punishing residents, including those abusing alcohol. Imposed punishments, including those referred to above, are related
to an individual’s personal liberty protected under Article 41(1) of the Constitution
of the Republic of Poland, which says that explicit statutory grounds must exist for
any regulation on personal liberty. The current legal framework specifies no such
grounds, as the Act on social assistance, under which social care centres are established, provides for no regulation on this matter.
4. Right to information
The representatives of the NPM stress the importance of knowledge of rights and obligations by residents of social care centres. The biggest reservations
concerned an establishment whose rules were not made available to its residents.
The residents themselves did not know that the centre had such a document in
place (although they were acquainted with it at admission)171.
During inspection, the visitors found that most of the visited centres lack
the address list of institutions protecting human rights which should be exhibited
in a public place172.
The centres visited tend to take personal identity cards away from residents
without relevant declarations of consent given by them in this regard173.
It should be noted in this context that, pursuant to the Act of 6 August 2010
on personal identity cards174, a personal identity card shall not be held by any person other than its owner without any foundation in law. If personal identity cards
are held by e.g. a social worker without a written declaration of will of their owners,
SCCs in: Bielsko-Biała and Słupia Pacanowska.
SCCs in: Pińczów, Wrocław (Holy Family SCC at Kaletnicza St), Ruda Pilczycka.
171
SCC in Bartoszyce.
172
SCCs in: Bartoszyce, Bielsko-Biała, Łódź (No 4), Słupia Pacanowska, Pińczów, Płock, Warsaw,
Poznań (both centres), Wrocław (Holy Family SCC), Skarżysko-Kamienna, Pęcławice Górne,
Ruda Pilczycka, Końskie, Lębork (No 2), Słupsk, Świecie, Zamość, Żyrardów, Wadowice,
Gościeradów, Płaza, Poznań together with its branch.
173
SCCs in: Bartoszyce, Białystok, Jarosław, Płock, Siedlce, Wrocław (both centres), Słupsk,
Maków Podhalański, Rzeszów, Końskie, Zamość, Świecie, Żyrardów, Częstochowa,
Gościeradów, Nowy Miszew, Płaza.
174
Dz.U. No 167, item 1131, as amended.
169
170
53
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