CAT/C/CZE/CO/4-5
Committee is concerned about the past practice that persons were led to believe that refusal
of surgical castration would mean lifelong detention (arts. 2 and 16).
The Committee recommends that the State party desist from the practice of surgical
castration and amend its legislation in order to bring it in line with international
norms such as the “Standards of Care for the Treatment of Adult Sex Offenders”.
Legislation regarding sex offenders should include procedural safeguards and precise
regulations and professional instructions on their treatment and detention, including
its duration.
Psychiatric facilities
21.
Notwithstanding the changes in legislation announced by the delegation of the State
party, the Committee is concerned about the reports of frequent placement of persons with
intellectual or psychosocial disabilities in social, medical and psychiatric institutions
without their informed and free consent; the continued use of cage-beds, despite the
prohibition in law, and of net-beds as well as the use of other restraint measures such as bed
strapping, manacles, and solitary confinement, often in unhygienic conditions and with
physical neglect. The Committee is also concerned about the absence of investigations into
the ill-treatment and deaths of institutionalized persons confined to cage and net-beds,
including suicides (arts. 11 and 16).
The Committee recommends that the State party:
(a)
Allocate appropriate funding for the implementation of the national plan
on the transformation of psychiatric, health, social and other services for adults and
children with intellectual or psychosocial disabilities to ensure a speedy process of
deinstitutionalization to more community-based services and/or affordable housing;
(b)
Establish close supervision and monitoring by judicial organs of any
placement in institutions of persons with intellectual or psychosocial disabilities, with
appropriate legal safeguards and visits by independent monitoring bodies.
Institutionalization and treatment should be based on free and informed consent and
the persons concerned should be informed in advance about the intended treatment;
(c)
Take all necessary measures to ensure, in practice, the prohibition of the
use of cage-beds, in conformity with the prohibition enshrined in the Act on Medical
Services (Act No. 372/2011). In addition, the Committee recommends that the Act be
amended to include the prohibition of the use of net-beds since their effects are similar
to those of cage-beds;
(d)
Ensure the effective monitoring and independent assessment of the
conditions in institutions, including hygiene and instances of neglect. It should
establish a complaints mechanism, ensure counsel and provide training to medical and
non-medical staff on how to administer non-violent and non-coercive care. All cases of
ill-treatment and deaths, including those of 30 year-old Vera Musilova in 2006 and the
suicide of a 51 year-old woman on 20 January 2012 , should be effectively investigated
and prosecuted and redress provided to the victims and their families, including
compensation and rehabilitation.
Corporal punishment
22.
The Committee is concerned about the widespread tolerance of corporal punishment
in the State party and the absence of legislation explicitly prohibiting it. It is also
concerned about the provision in Act No. 94/1963 Coll. Family Act which states that
parents have the right to use “adequate educational measures” and that the issue will be
addressed in a similar manner in the new Civil Code (arts. 2 and 16).
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