Implementation of Duties and Powers of the National Preventive Mechanism in 2010
secure ward. In Article 16, the Mental Health Act also stipulates that a social care institution
must place in a visible location the list of rights as set forth by this Act and the house rules.
The Act also specifies that the list should include the business addresses and telephone
number of the representatives responsible for the area in which the social care institution
operates. A special brochure should be prepared on this matter. Unfortunately, we frequently
observed that there was no such list on the ward, and not every institution had the necessary
brochures, or these were not easily accessible to the residents.
Interviews with residents
An integral part of the DPMs visit were interviews with randomly chosen residents of the
visited institution. A frequently noted complaint expressed during our visits to the institution
was that the residents in the secure ward were too rarely allowed to go outside and stay in
the fresh air. This issue is particularly obvious in institutions in urban environments, which
have only a few or no enclosed green areas that would allow the residents a safe stay outside
the ward. Typically, there is no (special) record on when residents go outside; therefore, the
monitoring of who leaves, and how many times someone leaves the secure ward is limited.
In one of the institutions, the reason for limited stays outside was obviously the lack of
personnel to escort the residents. During the DPM visit, the personnel were busy with other
obligations and were not able to (immediately) satisfy the residents’ needs. We suggested
that this issue receive more attention. Perhaps volunteers working in the institutions could
be more engaged in escorting residents outside, i.e. to the surroundings of the institution.
Mutual help between the residents of the institution could also be considered.
In one of the nursing homes, the residents pointed out that they had to work in the kitchen and
perform other housework. Performing certain tasks in the institution could be beneficial for
preserving the working abilities and habits of residents related to taking care of oneself and the
environment. It can also be a part of occupational therapy. Such work is therefore beneficial
for residents and should be encouraged. However, we pointed out that everything outside
these objectives, irrespective of the reason (e.g. compensating for lack of personnel with the
work of residents), is intolerable and could mean inappropriate treatment of the elderly.
We did not overlook a complaint expressed by a resident of one of the secure wards of an
institution, who said that the personnel were sometimes unfriendly and that “they are able
to slap someone’s face at times”. Such a statement is worrying, as it indicates physical
punishment of the residents. We suggested that the visited institution pay particular attention
to signs of maltreatment of the residents, and record and analyse them, and if intolerable
treatment of residents is established, take immediate appropriate action.
In one of the interviews, a resident of the secure ward emphasised the poor information
received by residents. She explained that a week before the visit of the National Preventive
Mechanism, the residents of the secure ward “went somewhere” and no one told them when
and where exactly they were going or when they would return. We are aware that persons
with a type of dementia might have difficulties understanding what is happening around them,
and the explanations given by the personnel. However, this should be an encouragement to
give explanations to such persons with due care and in a manner they can understand. This
should prevent their dissatisfaction, disapproval and over-excitement about activities which
deviate from the usual timetable.
Another two residents of a special social care institution expressed their wish to bathe alone,
without the presence of personnel. According to the DPM, the use of showers and bathing
with the help of and supervised by personnel are acceptable if so required for the safety of the
residents or if it is necessary to provide emergency assistance in performing such hygienic
activities. In other cases, it is undoubtedly reasonable to limit the assistance in showering to a
minimum, also because of the dignity of the individual and to encourage their independence.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
65
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents