Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014
dicted to alcohol. What is more, the referred amendment also covered Article 59(6)
and (7) of the Act on social assistance150 providing for a mode of referring to such
a centre and the time of a resident’s stay in this establishment. It should be noted
that persons abusing alcohol and “risky drinkers” are placed in other centres throughout Poland, because nationally, there are only a few such centres as referred to
in Article 56(7) of the Act.
Lack of legal regulations on possessing alcohol or controlling premises to
detect and seize alcohol raises certain problems and may lead to violation of residents’ rights. At the same time, it does not protect other persons placed in SCCs.
During the visits, the representatives of the Mechanism expressed their doubts as to the way persons drinking or bringing alcohol into SCCs were treated:
controlling purchases made by residents151 (searching items brought by visitors152)
if they are suspected of bringing alcohol into their SCC or taking items out of the
centre153; controlling personal belongings and room equipment if a SCC resident
is suspected of possessing alcohol154; confiscating alcohol155. The aforementioned
forms of supervision (controlling residents, their personal belongings and rooms)
involve a restriction of the constitutionally protected right to private life referred
to in Article 47 of the Constitution of the Republic of Poland and Article 8 of the
Convention on the Protection of Human Rights and Fundamental Freedoms. This
restriction can only be introduced upon meeting the conditions set out in the said
Article 31(3) of the Constitution of the Republic of Poland. It must be indicated that
any restrictions should be limited to a necessary minimum and proportionate to
a legitimate objective for which they are imposed. The current legal framework
does not allow for carrying out personal controls of residents of social care centres,
their belongings and rooms. Therefore, undertaking such actions by SCC personnel
is unacceptable and is in breach of the aforementioned rights.
Article 59(6). As regards the regional social care centre referred to in Article 56(7), the decision
on referral to the social care centre and the decision on the fee for stay in the social care centre
shall be made by a municipal body competent for the person on the date of his/her referral to
the social care centre. The decision on placement in the regional social care centre shall be made
by a voivodeship marshal.
Article 59(7). The decision on referral and placement in the social care centre referred to in
Article 56(7) shall be made for a fixed period of no longer than 12 months, extendable to up to
18 months in justified cases.
151
SCC in Łódź (No 4).
152
SCC in Pęcławice Górne.
153
SCCs in: Łódź, Maków Podhalański, Wrocław (Kaletnicza St), Pęcławice Górne.
154
SCCs in: Słupia Pacanowska and Wrocław (Kaletnicza St).
155
SCC in Warsaw.
150
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