Social care centres
of centres for persons addicted to alcohol123, have not been adopted. Given the above, there
are only two centres of this type124 in the country. It should be noted that both these establishments were established before the entry into force of the indicated amendment within
existing social care centres for the chronically mentally ill. Therefore, the mere amendment
to the Act on social assistance in no respect contributed to improving the existing situation.
To solve the problem under analysis, SCC directors use not only constructive125 and
lawful solutions, but also take actions that infringe the rights of residents. Last year, the
representatives of the Mechanism voiced reservations with regard to the way of dealing
with persons, who consume or bring in alcohol to an establishment, which consisted in
confiscating126, confiscating and disposing of alcohol127, confiscating alcohol and requiring a
resident to pour it out after sobering up128, prohibiting smoking day after drinking alcohol129,
requiring to start withdrawal treatment130, and – as regards rules of procedure – with respect
to controlling residents in a porter’s lodge when being suspected of bringing in alcohol,
entering a resident’s room when abusing alcoholic beverages and using coercive measures
when a resident under the influence of alcohol threatens the life of others131. Residents of
the SCC in Zielona Góra are controlled when being suspected of bringing in alcohol to the
establishment. Furthermore, the employees of the OCHR voiced reservations with regard to
entries in a log book of leaves in the SCC in Ostrowiec Świętokrzyski kept by the establishment’s security guards which concerned interventions undertaken towards persons who
behaved aggressively after consuming alcohol. As a matter of fact, their content – I put him
in order, I set him right – suggests that the bodily integrity of residents was violated.
The Act of 26 October 1986 on upbringing in sobriety and counteracting alcoholism132
does not help solve the problem of abusing alcohol by SCC residents, because they usually
do not consent to voluntary treatment, while the problem with respect to the obligation to
start treatment imposed under a court ruling is the length of the procedure provided for in
this respect. Therefore, the SCC personnel may only conduct information and education
classes on alcohol-related harm, motivate to start treatment, organise AA group meetings.
It should be noted that the presented forms of supervision interfere with personal liberty
protected under Article 31 of the Constitution of the Republic of Poland. In accordance with
the standard of Article 31(3), any limitation upon the exercise of constitutional freedoms
and rights may be imposed only by statute.
In her letter of 30 June 2015, the Undersecretary of State of the Ministry of Labour noted that there are plans concerning works
on an Ordinance governing standards for the functioning of centres for persons addicted to alcohol.
The Social Care Centre in Kraków at 1 Rozrywki St and a subdivision for persons addicted to alcohol in the Social Care Centre
in Pleszew.
125
This is discussed in more detail in the section on disciplining SCC residents.
126
SCC in Darskowo.
127
SCC in Gryfice, SCC in Ostrowiec Świętokrzyski, Wrzos SCC in Ostrołęka, SCC in Ząbkowice Śląskie.
128
SCC in Jarogniewice.
129
SCC in Darskowo.
130
SCCs in: Zielona Góra, Szczebrzeszyn.
131
SCC in Wrocław.
132
Dz.U. of 2015, item 1286, as amended.
123
124
51
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