Introduction
Introduction
This report provides information on the work of the National Preventive
Mechanism (NPM) in 2020. The work was significantly affected by two key
impacts of the pandemic:
On the one hand, there was a need to address the new risk to human rights
persons were exposed to due to the coronavirus-related restrictions and
associated isolation. On the other hand, the restrictions also directly affected
the monitoring work of the commissions. It was not possible to conduct any
visits to institutions and facilities during the first lockdown from the middle
of March to the end of May 2020. Knowledge about the novel virus and
its infectiousness was still very sparse at this time. The risk of infection on
monitoring visits, in particular in retirement and nursing homes, could not
be reliably assessed. Personal contact would thus have been irresponsible.
Visits were also not possible simply because there was no suitable personal
protective equipment (PPE) for the commissions in the beginning.
Impacts of the
pandemic on monitoring
work
In spring 2020, the NPM thus opted for an alternative way of achieving the
best possible protection of persons whose freedom is restricted. The NPM
commissions conducted over 160 telephone interviews with the care services
in retirement and nursing homes amongst other things, and documented the
problems that had to be solved during and after the lockdown. For many of the
monitored institutions the NPM gathered the demands and recommendations
in the interviews and the results were directed to the authorities and politicians
with a view to covering the framework for measures to be taken during the
pandemic. The commissions were able to resume their visits under strict
hygiene and safety measures from June 2020.
A total of 448 visits were conducted in the reporting year, of which 431 were in
institutions and facilities and 17 at police operations. Most of the visits were in
retirement and nursing homes (109), in child and youth welfare facilities (102)
and in institutions for persons with disabilities (93).
448 monitoring visits
The findings from the visits are summarised in chapter 2. As in previous
years, not all of the results could be documented in this report due to the
large number of visits conducted. The depiction concentrates on human rights
issues the NPM considers critical and reported cases of maladministration that
go above and beyond isolated cases thereby implying system-related deficits.
In many cases, they are directly related to the restrictions and measures
implemented to combat the pandemic. They were also the consequence of
a pandemic-related lack of resources: insufficient staff, too little PPE, too few
funds. This report also shows, however, that regardless of the special situation
in 2020, there are serious deficits in many areas. Some of these were the subject
matter of previous reports such as inadequate furnishings and equipment
Human rights at risk
due to COVID-19
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