fundamental and human rights
�.� national preventive mechanism against torture
The nursing service unit did not have a dedicated
physiotherapist or physiotherapy nurse. One practical nurse was responsible for the rehabilitation
of the residents, which was not equivalent to the
services of a physiotherapist according to the
nurse employed by the nursing home. Neither did
the elderly residents purchase any physiotherapy
services, so their physical exercise was largely dependent on the rehabilitative work practices of
the nurses. Taking the unit’s large number of residents into account, the Deputy-Ombudsman considers it important to have a professional physiotherapist in charge of maintaining the residents’
ability to function (3367/2018).
The report of the city that purchased the nursing
services states that the nursing home has rehabilitation-oriented nurses who instruct the other nurses
in rehabilitation and actively take part in the rehabilitation of the residents. Residents have the opportunity to purchase additional services at their own
expense, including physiotherapy services.
3.5.15
RESIDENTIAL UNITS FOR
PERSONS WITH INTELLECTUAL AND
DEVELOPMENTAL DISABILITIES
A goal set in the 2012 Government Resolution on
the independent living and services for persons
with intellectual disabilities is that no disabled
person will be living in an institution after 2020.
The Finnish Association on Intellectual and Developmental Disabilities reports that the client
volumes of housing with round-the-clock support, or assisted housing services, and supported
housing services in particular have been growing.
Correspondingly, the number of long-term residents in institutions for the intellectually disabled
has decreased. Even though the trend is positive,
it appears that giving up institutional housing
by the deadline will not be successful. According
to information from various sources, there are
slightly less than 1,000 intensified support units
for people with intellectual and developmental
disabilities in Finland, and approximately 400 of
these are run by private service providers. There
are 26 institutional care units, of which 11 are run
110
by private service providers. The majority of these
units employ restrictive measures.
On visits to units providing institutional care
and housing services for persons with disabilities,
special attention is paid to the use of restrictive
measures and the relevant documentation, decision-making, and appeals procedures under the
provisions of the Act on Special Care for Persons
with Intellectual Disabilities, which entered into
force on 10 June 2016. According to the preliminary work on the Act, the restrictions must be
highly exceptional and used only as a measure of
last resort. If persons in special care repeatedly requires restrictive measures, it should be assessed
whether the unit they are currently residing in is
suitable and appropriate for their needs. The practices of the unit should always be assessed as a
whole. Restrictive measures should only be resorted to when this is necessary in order to protect
another basic right that takes precedence over the
basic right subject to restriction. It follows from
this principle that restrictive measures should
never be used for disciplinary or educational purposes. The purpose of the visits is to assess the use
of restrictive measures, as well as the living conditions and the accessibility and feasibility of the
facilities, while appraising the attainment of the
disabled residents’ right to self-determination and
opportunities for participation, along with the
availability of adequate care and treatment.
With the ratification of the UN Convention
on the Rights of Persons with Disabilities (10 June
2016), the Parliamentary Ombudsman became
part of the mechanism referred to in Article 33(2)
of the Convention designated to promote, protect
and monitor the implementation of the rights of
persons with disabilities. This special duty of the
Ombudsman, as well as observations on accessibility, are discussed in more detail in section 3.4.
The number of residential units of intellectually and physically disabled persons visited in 2018
was 12. Two of the units were full-time residential
units for disabled persons. One of these was intended for persons with significant functional
limitations due to substance addiction and/or
mental health disorders, social problems and impaired cognitive abilities. The other was for people
under that age of 65 with physical and/or mental
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