sustained by patients or staff.
This will greatly facilitate both the management of such incidents and the oversight of the
extent of their occurrence.
The Act on protection of mental health of 19 August 1994 (Dz. U. No. 111 item 535 as
amended)
Art. 18 paragraph 1. While performing activities referred to by this Act, direct restraint can
be applied to persons with psychiatric disturbances only when this Act authorises such
restraint or when those persons:
1) make an attempt against:
a) their own life or health, or against life or health of another person, or
b) against public security, or
2) violently destroy or damage objects in their surroundings, or
3) seriously interfere with the functioning of a psychiatric establishment or a social
assitance unit, or make it impossible to function at all. [...]
paragraph 6. Application of direct restraint to the person referred to in paragraph 1, points
1 and 2, may take the form of manual holding, forced application of medication,
immobilisation or seclusion; while application of direct restraint to the person referred to in
paragraph 1, point 3, may take the form of manual holding or forced application of
medication.
In two establishments, practices that bore the hallmarks of cruel and inhuman
treatment of patients were found. In the Regional Independent Mental Health Care
Centre at ul. Nowowiejska in Warsaw, residential rooms for patients were separated
from the corridor by a transparent wall, which allowed a constant unlimited
observation of these rooms.Moreover, two observation rooms in the form of a booth
with transparent walls were separated within the ward, where coercive measure in the
form of isolation and immobility is applied. Residential rooms and observation
“booths” with transparent glass walls raised substantial doubts among the
visitors, since they collided with the obligation to protect the inherent and
inalienable dignity of a human patient and to respect his right to intimacy and
protection of own image. Therefore, it was recommended to take necessary steps to
adjust these rooms to the requirements providing the respect for the patients' rights. In
reply, the Director of the Hospital stated that the main purpose of glass walls of
observation rooms was to allow the supervision over the patient’s safety, in
accordance with care standards at intensive psychiatric care wards, where the
observation of the entire room is recommended. However, the Director admitted that
this could constitute a limitation of the right to privacy to a certain degree. The
hospital administration is trying to find compromise between patient’s security and
privacy.
In the same establishment, it was also recommended to immediately refrain
from discriminatory and stigmatizing practices towards patients involuntarily admitted
to the hospital, namely the obligation to wear pajamas for the whole day. In reply, the
director explained that some patients are admitted to the hospital in a bad hygienic
condition, in dirty, worn-out and sometimes lousy clothes. Therefore, changing these
clothes into pajamas is recognized as necessary.
During interviews with visitors, patients of the Regional Psychiatric Hospital in
Lubiąż complained about occasional cases of being treated in a rude and disrespectful
way. Representatives of the National Preventive Mechanism observed that the
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