Long-term deprivation of liberty 76. The searching and frisking of minors are also relevant matters during visits. Robes must be used, and searches must be considered as full Searches and frisks §256 and 257 AR 2014 body searches when the minors have to remove all their clothes (Bahía de Cádiz, Es Pinaret and Marcelo Nessi CMI). Searches should be performed by personnel of the same sex as the minor (Marcelo Nessi CMI) and they should not be carried out routinely on all inmates upon their return from temporary release or a visit. Rather, each case should be assessed on its own merits and the basis for searches must be recorded in writing, with their application and results communicated to the judge and public prosecutor (Marcelo Nessi and Teresa de Calcuta CMI). In the Bahía de Cádiz CMI 5 minors stated that, upon their admittance to the centre and on return from temporary leave, strip-searches were carried out and they were made to do ‘squats’. Although no documentation could be found regarding prior authorisation by the Management for their use, nor around the communication of their use to the Court and the Public Prosecutor, nor to the General Directorate of Juvenile Justice and Cooperation, the overlap in the version of the minors would suggest that full body searches were carried out without prior authorisation and without their use being documented. This should be rectified. The Justice and Interior Department of the Government of Andalusia has accepted the Suggestion and, as a result, has organised instructive meetings in the facility in order to remind personnel of how to proceed with strip-searches in accordance with the criteria of this institution. 77. The healthcare provided to minors is, in general, appropriate. However, in the Virgen de Valvanera CMI it was observed that the doctor for the Healthcare §268 AR 2014 facility does not attend with the frequency stipulated and that requests for medical attention are not recorded, including the case of a minor who had requested a medical examination 15 days prior, and 2 days prior had reiterated their condition having worsened. On the date of the visit they had not been examined. The Department of Social, Family, Equality and Justice Policy of the Government of La Rioja has reported having boosted the healthcare provided in the facility. In the Es Pinaret CMI the need to contract at least one nursing professional should be assessed. This has been accepted by the competent administration. 78.  Act 41/2002, of November 14th, regulating patient autonomy and Declining to take medication rights and obligations in relation to clinical information and documentation, considers the freedom of all sick persons to choose whether or not to take medication, and establishes consent by representation when a patient younger than 16 years and not emancipated ‘is neither intellectually nor emotionally capable of understanding the scope of the intervention’. To that effect, forms should be introduced (in those facilities where they do not already exist) in which the minor may sign a renunciation of taking medication under their own authority, a Suggestion which has been accepted by the Government of the Balearic Islands. 67

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