are not health care centres92. In accordance with findings of the National Preventive
Mechanism, the right to medical services was respected. Both general practitioners and
psychiatrists were employed by visited social care centres. Visits took place once to
three times a week - both of a general practitioner and a psychiatrist, depending on a
centre. Consultations by medical practitioners of other specialities took place outside
the facility, under the National Health Fund. Residents could also take part in
therapeutic activities.
c) Treatment of residents and coercive measures
Act on social assistance of 12 March 2004 (Dz.U. No 64, item 593, as amended)
Article 55(2) The organisation of a social care centre and the scope and level of services
provided by the centre take into account, in particular, freedom, intimacy, dignity and
feeling of security of the residents of the centre, as well as their physical and mental
fitness.
Act of 19 August 1994 on the protection of mental health (Dz.U. No. 111, item 535, as
amended)
Article 18(1) A coercive measure towards persons with mental disorders, at performing
activities provided for by this Act, shall only be applied if the provision of this Act so
allows or these persons:
1) commit an attack against:
a) own or another person’s life or health, or
b) common security, or
2) violently destroy or damage objects within their surroundings, or
3) seriously disturb or obstruct the functioning of the psychiatric health centre or the
social assistance organisational unit.
(…)
(6) Application of a coercive measure towards a person referred to in Paragraph 1
Subparagraph 1 and 2 consists in holding a person, coercive administration of
medications, immobilization or isolation and, towards a person referred to in Paragraph
1 Subparagraph 3 – in holding or a coercive administration of medications.
Directors of visited establishments provided examples of personnel’s dedication
and involvement. On the basis of observed situations, it was hard for the visitors to
assess the attitude of social care centres’ employees towards residents. In one of the
centres, a number of residents stated that employyes yelled at them, slammed the
doors, locked the rooms during the day and were aggressive. It was hard for the NPM
representatives to assess whether these remarks were true, however, it needs to be
emphasized that they were numerous and quite coherent (“Leśny” SCC in Warsaw). In
reply, the Director of “Leśny” SCC in Warsaw admitted that the rooms were locked
during the day. However, it only took place at the time of ventilation, as well as
window and floor cleaning (for safety reasons). In other centres it was also
recommended to treat residents with more respect (SCC in Góra Kalwaria, SCC No 3
92
Explanations made by the Department of Social Assistance and Integration of the Ministry of Labour and
Social Policy, sent by proxy of the Office of the Patient Rights Ombudsman, letter of 24 June 2010 (RzPP-ZZp071-2-6/TN/JS/10.
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