fundamental and human rights
�.� national preventive mechanism against torture
Sufficiency of human resources
The Deputy-Ombudsman drew the care home’s
attention to the fact that, among other things,
the Act on Intellectual Disabilities requires special
care units to be staffed by a sufficient number of
social and health-care professionals and other personnel, regarding the nature of the unit’s operations and the special needs of the persons in special care. The Ombudsman commended the fact
that the city monitored the operations of the private housing units in its area and their fulfilment
of the minimum staffing requirements (1376/2018).
The unit’s staff turnover was considerable. The
situation was perhaps affected by the challenging
nature of the work and a shortage of employees.
The NPM got the impression that the staff was
in need of more supervision. A chronic personnel
shortage was also described in the interviews conducted during the visit. The Ombudsman pointed
out that care units must be staffed by a sufficient
number of personnel with regard to their operations (1871/2018).
The documentation indicated that the unit
had also counted students in its staff numbers. On
a general level, the Ombudsman pointed out that
students are not yet social welfare or health care
professionals. The employer is responsible for ensuring that restrictive measures are carried out
only by personnel who have the necessary professional qualifications. Whether a student possesses
the required professional competence for participating in a restrictive measure requires careful assessment. Students cannot be responsible for the
use of restrictive measures, but require guidance
and supervision from professionals. The Ombudsman reminded that students temporarily performing the duties of a social welfare or health care professional are subject to the regulations applied to
such professionals, and can thus potentially suffer
consequences for errors made in the course of
their work (visit to the adult rehabilitation unit
of Vaalijala joint authority, 7007/2017).
The rehabilitation unit reported that only students hired by the organisation for an apprenticeship were counted in the unit’s staffing numbers.
The apprenticeship trainees do not participate in
the use of restrictive measures.
The realisation of privacy
in housing services
The Ombudsman has proposed that every disabled
person living in a housing service unit should have
a private room equipped with sanitary facilities.
From the perspective of arranging home-like
accommodation and guaranteeing the protection
of privacy, the NPM found it to be a shortcoming
that not all of the residents had their own toilet
and shower facilities in their apartment (room)
(1376/2018).
The unit had installed camera surveillance in
the common areas, isolation area and hallways.
The Ombudsman noted that camera surveillance
is always an infringement on privacy and may only be used when necessary. The use of camera surveillance cannot be justified by a shortage of staff
in the unit, and its necessity must be regularly
evaluated against the individual needs of the residents (7007/2017).
Right to self-determination
and opportunities for participation
The individual’s right to self-determination is one
of the guiding principles of the UN Convention
on the Rights of Persons with Disabilities. According to the Act on Intellectual Disabilities, the
rights of persons in special care to participate in
and influence their own affairs must safeguarded.
According to the Ombudsman, children should
generally be permitted to use their own telephones according to their age and level of development in the same way as children who are not in
rehabilitation in a residential unit. Confiscating a
child’s technical devices for an individual disciplinary reason, such as for the night, requires a specific reason related to the individual child. Such
reasons could include an inability to stop using
the telephone or that the telephone disturbs the
child’s sleep. The Ombudsman stressed that disciplinary rules related to upbringing may not be
excessively strict, and the child’s age, level of
development and other individual needs and cir-
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