Report on the Performance of Activities of the National Preventive Mechanism for 2016
Although employees usually treat elderly and disabled persons in a very professional manner,
violations of certain constitutional and legal rights have been noticed, including certain
degrading treatments.
Insufficient staff numbers affect considerably the quality of services that are being provided;
therefore, users who have difficulty moving or are unable to move independently, are usually
not encouraged to get out of bed. In certain rooms, there is not enough space for a wheelchair
to pass through a doorway. In order to maintain good quality of life, it is particularly important
for disabled persons not to spend the whole time in bed, but that they are provided with a
possibility to be transferred into a wheelchair and taken to common rooms where they can
socialize and participate in group leisure activities. Although this is the wish of some disabled
users staying in the home in Zadar, due to staff shortage, they think chances are too small to
talk to anyone about this. Therefore, all systematized job positions should be filled and
accommodation conditions aligned with prescribed minimum standards. People with severe
dementia, staying in the closed ward of the Home for the Elderly and Disabled in Split, are
deprived of the possibility to spend time in the fresh air and they are allowed to go for a walk
only when their family comes for a visit. This is also a consequence of staff shortage, which is
unacceptable.
We continue to record cases which involve doors being left open and/or failure to use screens
while users are being tended to in rooms or bathrooms, which undermines their privacy and
may have a degrading impact, which is something employees must pay special attention to.
Some homes have locked wards, where persons who may not leave the premises of their own
accord are placed; however, legal basis for this type of accommodation does not exist. If some
patients need special protection or placement in this type of de facto closed wards, due to
severity of their mental illness, such is for example dementia caused by Alzheimer’s disease,
then this is something that should be legally regulated.
Only one article of the Act on Protection of Persons with Mental Disorders regulates the
question of use of means of coercion in social care institutions, pursuant to which they may be
used only in case of persons suffering from more severe mental disorders and this under
conditions and in the manner determined by the relevant psychiatric institution. According to
data from the Ministry for Demography, Family,
Even though measures of isolation,
Youth and Social Policy regarding means of
physical restraint and chemical restraint
coercion, which they call restrictive procedures,
are used very rarely in social care
it is clear that they are not applied under the
institutions, failure to follow the legally
same conditions and in the same manner as
prescribed procedures represents violation
those in psychiatric institutions. Decisions are
of rights of a person with serious mental
not always passed in written form and in cases
disorders.
of emergency, phone consultations with
psychiatrists cannot replace the patient being directly examined. Institutions do not employ
psychiatrists, but conclude piecework agreements with them, which is the reason why they are
not allowed to follow the prescribed procedure of use of means of coercion. Even though
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