Annual Report 2014 of the National Preventive Mechanism
Such supervision would permit greater surveillance of cases of admissions of
minors to specific centres for the treatment of conduct disorders, verifying, at least on a
six-monthly basis, the situation of the minor, and requesting, if appropriate, before
the judge any measures that may be deemed necessary.
It would be desirable, for the purposes of due coordination for the result of such
inspections to be conveyed to the Public Prosecutor’s Office, notwithstanding
the inspections that may be carried out by the public prosecution itself.
III.3.5
Residential establishments
or/rehabilitation services
providing
healthcare,
social
and
311. Also reviewed by the NPM are public or private residential centres providing
healthcare, social or rehabilitation services including, among others, to groups such as
senior citizens, chronical patients and persons with a mental, physical, sensorial or
intellectual disability, which may include persons whose internment was not
voluntary.
Senior Citizen Residence Geriatros of Corunna
312. From the start, the Ombudsman’s Office has verified an absence of regulation to
sufficiently safeguard the fundamental rights of patients who are inmates of
healthcare or social mental health centres, and to establish the eventual restrictions
for the protection of their life, health or physical safety. The legislative reform has
become even more necessary if possible after Judgment of the Constitutional Court
132/2010, of 2 December, which declares unconstitutional two paragraphs of the first
section of article 763 of the Civil Procedure Act, which contemplated non-voluntary
admission due to mental disorder, on considering that such measure, depriving a
person of liberty, could not be implemented in an ordinary law and required a law with
the ranking of organic act.
A project for an organic act should be prepared to regulate admissions carried
out under civil legislation and to conform to the regulation of the United Nations
104
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