57
8.4. Social care institutions
8.4.1. Bóly-Görcsöny Integrated Social Institution of Baranya County178
The Bóly-Görcsöny Integrated Social Institution of Baranya County (hereinafter the “institution”)
provides long-term residential care to persons living with disabilities whose education and care can be
ensured only in institutional frameworks. At the time of the visit, there were 35 minors and 200 adults
with intellectual disability living in the institution with the capacity of 235.
Pre-placement reports were made before placing the children in the institution; however, in the case of
minors with no legal capacity, the documentation contained no records of interviewing the children
regarding their placement in the institution. I called attention to the fact that, pursuant to Article 12 of
the United Nations Convention on the Rights of the Child, States Parties shall assure to the child who
is capable of forming his or her own views the right to express those views freely in all matters
affecting the child, the views of the child being given due weight in accordance with the age and
maturity of the child. I requested the head of the institution to hear all minors with no legal capacity
and persons under guardianship invoking fully limited legal competency upon their admission to the
institution and to enclose these interviews’ records with the contract on the provision of care.
When the residents reach legal age, the institution automatically requests the Guardianship Authority to
launch guardianship proceedings. Relatives may act as guardians if they are willing to do so. In other
cases, the Authority assigns a professional guardian. In connection with placing in charge of a guardian,
I requested the Minister of Human Capacities to call the Government Offices’ attention to the fact
that, in the case of persons over 18 years of age living in a residential institution, they have to inform
the parties that, in cases when the restriction of legal capacity is not justified, it is possible, upon
request, to nominate a supporter.
During the elections, the institution failed to provide the opportunity to vote to those whom the court,
their restricted legal capacity notwithstanding, had not stripped of their right to vote. I asked the head
of the institution to ensure, during general elections and referendums, the possibility to vote, using a
mobile ballot box, to those residents who want to exercise their right to vote.
There were apparently few personal items in the residents’ rooms. The shelves were empty except for
some soft toys. I also pointed out that, in addition to the small living space, the residents’ private
sphere was also compromised by the lack of personal items. I requested the head of the institution to
make the residents’ immediate environment more personal, to encourage them, through the caretakers,
to put items on the shelves to make their surroundings cozier.
Residential room in the institution
178
Report № AJB-1383/2017
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