Report of the CHR on the Activities of the National Preventive Mechanism in Poland The presented ways of preventing alcohol abuse in social care centres are also associated with limiting the right to private life referred to in Article 47 of the Constitution of the Republic of Poland and Article 8 of the Convention on the Protection of Human Rights and Fundamental Freedoms, while the confiscation and disposal of alcohol in the presence of a commission raise questions in the context of the constitutional protection of the right to ownership (Article 64(1) and (3) of the Constitution of the Republic of Poland). Moreover, searching personal belongings and rooms of residents is contrary to the principle of the inviolability of the home referred to in the Basic Law and the Convention mentioned above (Article 50 of the Constitution of the Republic of Poland and Article 8 of the Convention on the Protection of Human Rights and Fundamental Freedoms). In turn, anyone who caused bodily injury may be rendered liable under Article 217 of the Penal Code. 4) Psychological and psychiatric care Psychological and psychiatric care provided to SCC residents remains a matter of concern for the representatives of the Mechanism. In accordance with § 6(2) (2) of the Ordinance of the Minister of Labour and Social Policy of 23 August 2012 on social care centres133, residents must be enabled to contact a psychologist and persons staying in a centre for the chronically mentally ill – to contact a psychiatrist as well. Therefore, this regulation establishes a very general standard which can be formally fulfilled by, among others, enabling residents to contact a psychiatrist or a psychologist only incidentally, although the actual needs of persons staying in SCCs will not be satisfied in this regard. Furthermore, the Ordinance of the Minister of Labour and Social Policy of 14 January 2014 on social rehabilitation in social care centres for persons with mental disorders134 does not contribute to improving the situation in this area, as the requirement to organise activities with a psychologist referred to in the Act applies only to social care centres for persons with mental disorders, i.e. the chronically mentally ill, children and adolescents with intellectual disabilities, and adults with intellectual disabilities135, excluding the elderly, persons with physical disabilities and the chronically somatically ill. An analysis of these provisions also reflects the legislator’s inconsistency in ensuring psychological and psychiatric care for SCC residents. In accordance with the regulations in force, increased psychological care is provided to persons with mental disorders (§ 3(2) and § 4(2) of the Ordinance on social rehabilitation in social care centres for persons with mental disorders), while contact with a psychiatrist is guaranteed only to the chronically mentally ill (§ 6(2) (2) of the Ordinance on social care centres in conjunction with Article 56(3) of the Act on social assistance). In the opinion of the representatives of the NPM, the discrepancies presented can be considered discriminatory against residents with intellectual Dz.U. item 964. Dz.U. item 250. Article 3(1) of the APMH defines persons with mental disorders as persons with mental illnesses (with psychotic disorders), mental disabilities and other disorders of mental functions which, in accordance with the current state of medical knowledge, are classified as mental disorders. 133 134 135 52