2. The conditions in many homes do not comply with the requirements of Art. 40
(e) of the Regulations on Implementing of the Law on Social Assistance.
3. The understanding that the specifics of the underlying disease (mental
retardation, mental disorder, dementia) is a reason for lack of actions on training,
rehabilitation and social inclusion of the persons still exists.
4. No action for removal of resident services in the community is undertaken.
Instead, the material facilities of the existing homes are converted into protected housing
(home for people who are not self-sufficient).
5. In homes there are people with underlying disease other than the profile of the
institution.
6. Despite repeated recommendations of the NPM, no action has been taken to
carry out pathological expertise in the death of a user outside the hospital. After all
inspections that have been carried out, a grounded conclusion can be drawn up that in the
messages about the death of users as the most common causes of death is noted "heart
failure", "acute cardiovascular insufficiency", "heart attack", and in one case - "acute brain
failure". All these conclusions are made by the physician that established the death
without pathological examination performed.
7. When appointing of an authority on guardianship and custodianship basically
the provisions of Art. 156, para 2 of the Family Code are applied, instead of para 1 of the
same provision.
During an inspection by a team of the NPM in HAMD - village of Zabernovo, Malko
Tarnovo municipality, it was found that a female user of the social service prior to this had
been placed in a protected housing (home for people who are not self-sufficient) for
people with mental disabilities in the city of Sofia, Slatina district.
In a report-proposal of the Directorate "Social Assistance" - Slatina, it has been
stated that after consecutive break of both legs, Ms S. I. K. can not move alone with her
wheelchair. The home for people who are not self-sufficient in the Slatina district is
located on the second floor of a building without a separate ramp and for 1 year the
woman has not gone out. For this reason, the report provided emergency accommodation
in HAMD - village of Zabernovo.
On the occasion of this and similar findings made during the inspections in
residential social services for persons with disabilities, as a national ombudsman,
acting as the NPM, I expressed my opinion that the placement of persons using aids
in residential care services that do not have accessible environment for persons
with physical disabilities, can be described as a form of cruel, inhuman or degrading
treatment or punishment within the meaning of the UN Convention against Torture
and Other for of Cruel, Inhuman or Degrading Treatment or Punishment.
Particularly serious is the case that led to the prolonged isolation of a user of social
service.
Unacceptable is the opinion that the NPM has received in response to similar
recommendations - that accessible environment has not been built because the
profile of the service is not designated for people with physical disabilities.
It is necessary to pay attention to the fact that failure to provide accessible
environment breaches the requirements laid down in:
- UN Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment;
- UN Convention on the Rights of Persons with Disabilities;
- Law on Integration of Persons with Disabilities;
- Law on Spatial Development;
41
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