A/HRC/40/59/Add.2
74.
The collective rooms accommodating juvenile inmates do not always have sanitary
facilities inside, obliging them to ask the guards for permission to access the bathroom during
the night. Furthermore, the mattresses provided for the juveniles did not appear to be fireproof
and there were no fire extinguishers placed within reach, thus entailing a considerable risk of
death in case of fire.
VIII. Psychiatric institutions
75.
The Special Rapporteur acknowledges that the National Mental Health Act (Act No.
26657) of 2010, in force since 2013, is an important step towards guaranteeing the rights and
adequate treatment of persons with mental health conditions or psychosocial disabilities. In
practice, however, there seem to be extreme discrepancies in the implementation of these
norms. While Braulio Aurelio Moyano hospital in the city of Buenos Aires appeared to offer
generally adequate material accommodation, the situation of patients institutionalized at
Alejandro Korn neuropsychiatric hospital in the city of La Plata (also known as Melchor
Romero hospital) was completely incompatible with human dignity. In particular, patients
residing in the acute section of the hospital, both male and female, were subjected to clearly
inhuman and degrading conditions. The building accommodating these patients was found to
be literally falling apart, sanitary installations were broken and toilets and bathroom were
found to be filthy and flooded. To overcome the shortage of staff, some patients were
reportedly forced to take excessive amounts of medication, including sleeping pills, and no
action was taken to keep the premises in an acceptable sanitary state. Left without proper
care and attention, patients capable of doing so were changing the diapers of those with more
severe disabilities so as to maintain a minimum level of personal hygiene. It is the considered
view of the Special Rapporteur that the acute sections for both women and men in the
neuropsychiatric hospital are beyond repair, absolutely unfit for the accommodation of
human beings and, therefore, must be closed without delay and replaced with adequately
staffed and equipped institutions where patients with psychosocial disabilities can live and
be treated with human dignity in accordance with their specific needs.
76.
Furthermore, in the Aurelio Crespo hospital in Cruz del Eje, the staff did not appear
to be properly trained in providing care for patients with specific needs, and allegedly tend
to resort to physical means of restraint and unjustified containment practices, such as tying
patients to their beds, or the use of threats and beating, in order to keep the patients under
control. In that institution, the Special Rapporteur was also able to verify the existence of an
isolation room.
77.
The Special Rapporteur is concerned at the alleged use of electroconvulsive therapy
and electroshock treatment, medication as the primary basis of therapy, and prolonged
hospitalization for social rather than medical reasons. He is also concerned at irregularities
linked to medical records, and at the absence of informed consent by the patients concerned
for hospitalization that is formally qualified as “voluntary”. The Special Rapporteur notes
with concern the insufficient availability of community-based mental health services for
people with psychosocial disabilities for such services to be effective.
IX. Other persons in vulnerable situations
A.
Pregnant women and women with children in detention
78.
While the Special Rapporteur welcomes the fact that Act No. 26472 (Custodial
Sentences Enforcement) provides for the possibility of house arrest for convicts with
dependent children, this measure seems to be rarely applied in practice, and there seems to
be a general lack of alternatives to the deprivation of liberty for women with children that
would be in line with the United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders (the Bangkok Rules) and with standards
relating to the best interests of the child.
14
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