ANNUAL REPORT OF 2019 ON THE ACTIVITIES OF THE SEIMAS OMBUDSMEN’S OFFICE OF THE REPUBLIC OF LITHUANIA
and Vocational Training Development Centre
and the Centre for Quality Assessment in Higher
Education, which when organising the preparation
of professional standards and modular vocational
training programmes and expert examination
of preparation for the implementation of formal
vocational training programmes and implementation
of relevant projects will take into account the
recommendations made by the Seimas Ombudsman.
The Ministry of Health informed the Seimas
Ombudsman about the launch of two new
qualification improvement programmes covering
topics related to the protection of the rights of a
patient with mental and behavioural disorders,
and covered the legal bases for the management
of aggressive and violent behaviour in health care.
In addition to physicians and nurses working in
psychiatry, nurse assistants also have access to
knowledge under these programmes.
The MSSL stated in its respose to the Seimas
Ombudsman that, taking into account the
recommendations of the Seimas Ombudsmen, the
MSSL will organise the meeting of representatives
of the institutions concerned to discuss the
amendments to legal acts regulating the
improvement of professional competence of social
services workers and the drawing up of programmes
including in them the topics related to the protection
of human rights.
Accordingly, the Department of Social Services
Supervision informed that it would submit proposals
to the Ministry of Social Security and Labour to
supplement the description of the procedure
for improving the professional competence of
employees in the field of social services, providing for
the mandatory inclusion of subjects related to human
rights in the introductory programmes. During the
transitional period pending the amendment of that
legislation, the Department will also recommend
that institutions include human rights topics in those
programmes.
EVERYONE COUNTS
19
Investigation into the fundamental human
rights problems concerning the review of
decisions following which persons, before
1 January 2016, were declared to be legally
incapacitated and possibly unjustified
restriction of such persons’ rights
The Seimas Ombudsman launched the investigation
into the fundamental human rights problems
concerning the review of decisions following which
persons, before 1 January 2016, were declared to
be legally incapacitated and possibly unjustified
restriction of such persons’ rights8. During the
investigation the Seimas Ombudsman considered
whether provisions of Article 72(2) of the Law
Amending the Civil Code stipulating that court
rulings following which persons were declared to
be legally incapacitated passed by 1 January 2016
must be reviewed within two years from the date
of entry into force of this Law, i.e. by 1 January
2018, were properly implemented and clarified the
possible reasons for the misapplication of the above
referred provisions.
The investigation found that although the proper
implementation of the provisions of Article 72(2)
of the Law Amending the Civil Code was one of
the key preconditions for reducing the suffering
of a person as a result of severe interference with
the person’s right to private life, only less than
half of the court rulings passed before 1 January
2016 following which persons were declared to be
legally incapacitated were revised within the time
limit provided for by law, i.e. by 1 January 2018. In
view of the fact that, under the new legal regulation,
the institute of complete legal incapacity has been
amended to allow a person to be declared to be
8
The Seimas Ombudsman’s Report on the investigation
into the fundamental human rights problems concerning
the review of decisions following which persons, before 1
January 2016, were declared to be legally incapacitated and
possibly unjustified restriction of such persons’ rights, No
NŽTI-2018/1-1, 23 December 2019
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents