Retirement and nursing homes The NPM contacted the Federal Ministry of Social Affairs, Health, Care and Consumer Protection several times from mid-May 2020 and drew attention to the legally highly questionable practice. It sought to inform the home operators about the legal situation and to point out that the preventive deprivation of liberty can be avoided through risk management. Due to the large numbers of complaints, the difficult topic was discussed also on the television programme “Bürgeranwalt” (“Advocate for the People”). The objective here was not to criticise the management of homes who themselves are stretched to their limits with the emergency situation. Rather the idea was to give an impetus to learn from the experience of the last few months and look for alternatives that are commensurate with human rights guarantees. This was understood in many cases – but not consistently. The Ministry – probably due to the substantial decrease in the numbers of new infections – revised the originally misunderstood recommendations in June 2020 and clarified in a reissue that the restrictions on spending time outside of the home shall not be stricter for the residents than those for the rest of the population. NPM informs Ministry of Health and the public On the instigation of the residents’ representatives associations, there have since been several legally binding court decisions pursuant to the Nursing and Residential Homes Residence Act, which declared the restrictions to freedom to which the residents of retirement and nursing homes were subjected illegal at least in part. The commissions did not observe any indications of general curfews during the summer but also during the second and third lockdown in autumn and winter 2020. Autumn and winter 2020 Finally, in the end of December 2020 it was also decreed that after leaving the home for more than two hours an “obligatory explanatory talk shall take place”. It is still not clear in how far this can be implemented in practice. Test on returing to the home X Right to freedom may not be unconditionally subordinated to infection prevention even during a pandemic. Legal limits shall always be observed in this context. X Programmes that promote exercise for those in care to prevent immobility and a further deterioration of cognitive deficits shall be observed even during the pandemic. X Prior to concluding a home contract, the pandemic concept of the home shall be explained to the interested parties and their relatives. 2.1.5 Strict visiting rules For persons living in long-term care facilities being able to converse with and touch people with whom they have an emotional bond is a welcome change. In addition to those who want to reassure themselves of the wellbeing of their 36