Annual Report 2013 of the National Preventive Mechanism
the judge, relating to the need to maintain the measure of involuntary
admission, pursuant to article 763.4 of the Civil Procedure Law, are
identical or almost identical copies in which only the date is changed.
To fully respect the safeguards of these inmates, such medical reports
should be detailed and up to date, along the lines of paragraph 174 of
Annual Report 2012.
Weighted use of legal
incapacitation
199. At the visit it was verified that the Healthcare Centre “El Pinar”
(Teruel) requires users to be declared incapacitated by the court for
their admission. This Institution considers that, instead of requesting
this systematically, the Centre should encourage weighted use of the
legal incapacitating institution. Thus, in those cases in which it is considered advisable to request court incapacitation, given the possibility of its grading, it would be adequate to limit its effects to the terms
strictly demanded by the healthcare support measure, duly evidencing the reason and purpose for which the declaration of incapacity is
requested, in other words, the benefit that the person with a disability
will obtain after the judgment declaring it is given. The Department of
Health, Social Welfare and Family of the General Deputation of Aragon
reported that this question is being considered and that it got in touch
with the Public Prosecutor’s Office to coordinate actions.
Information to inmates and
family relatives of time of
custody
200. At the Residential Centre “Santa Teresa de Arévalo”, in Arévalo
Internal Regulation
201. Centres of these features must have available internal regu-
(Ávila), the voluntary admission document is a form bearing the name
of the patient stating that he “accepts his admission”. In the opinion of
this Institution, it would be advisable for both residents and their family
relatives to be properly informed on their admission of the type of stay
in question (particularly if it is prolonged), the internal operating rules,
the living regime, the therapeutic procedures or restrictions to which
the patient will be submitted, etc. Such information should be drafted
taking into account the features of the patients, ensuring that its wording and format are adequate for its understanding, in accordance with
the criterion of the Ombudsman recorded in paragraph 179 of Annual
Report 2012. The Department of Family and Equal Opportunities of
the Government of Castile and Leon accepted the criterion of this
Institution and, accordingly, will demand that all services contracts be
correctly executed.
lations or a document setting out in detail the rules of the centre.
Said regulation should be situated in a prominent public place and
explained to detainees, families and tutors. At the visit it was verified
that the Healthcare Centre “El Pinar” (Teruel) was lacking such a document, which should be remedied, which criterion was accepted by the
Department of Healthcare, Social Welfare and Family of the General
Deputation of Aragon, which reported that it was being prepared.
Measures for inadequate
conducts of patients
146
202. Although social healthcare institutions do not have a disciplinary
regime as such, the visited centres did have a system of reinforcement
using incentives or measures applied in the case of certain inadequate
behaviours of the inmates, such as the exchange of coffee for other
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