Annual Report 2016 - Spain’s National Preventive Mechanism against Torture
I.3.3
Residential facilities which
rehabilitation services
provide
health,
social
or
148. As in previous years, the NPM has visited residential facilities which provide health,
social or rehabilitation services, given that they accommodate social groups that may
include persons committed to the facility against their will.
149. Current legislation on the matter has not changed with respect to 2015; although
this year the First Additional Provision of the Civil Procedure Act was amended, through
organic act channels, in order to upgrade Article 763 to “organic” status, regulating involuntary
commitment due to mental disorders, we still lack exhaustive national regulations that
adequately guarantee the fundamental rights of persons detained in mental health or
healthcare/social facilities.
150. Over the last few years, the Executive has been requested to carry out this
legislative implementation. At the time, the Administration accepted our Recommendation
and announced its plan to examine possible channels in order to carry this out. Over 2016,
however, as the Government was not officially in place until November, we have been unable
to check how this process has evolved.
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