Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017
24-hour care facilities
Introduction
24-hour care facilities are, next to social care homes and nursing facilities, a type of care facilities for senior persons and persons with health problems. The psychological and physical
health condition of those patients is related to an increased risk of violation of their rights.
The provisions of the Act on Social Welfare set out the standards of work of the facilities that
provide 24-hour care for disabled, chronically ill or senior persons (Articles 67-69 of the Act),
procedures for the facilities’ supervision and inspection, as well as procedures to be followed
in the event of identifying a care facility that operates without the required permit. In order
to run a business activity consisting in the operation of a 24-hour care facility, specific requirements have to be met and a permit issued by the head of the voivodeship administration (i.e.
the province administration) has to be held. The state’s approach is based on the assumption
that care provision to dependent persons is not just an ordinary business activity. On the other
hand, by introducing the system of permits for individual persons to provide such services,
the legislator has, in fact, admitted that the state is not able to provide such services by itself
and, therefore, it finds it necessary to shift a part of such activities to private service providers.
In 2017, representatives of the National Mechanism for the Prevention of Torture visited
fifteen 24-hour care facilities106
Systemic problems
Legality of residents’ stay
In the opinion of the NMPT, of particular importance from the point of view of the rights of
persons who are residents of 24-hour care facilities, in particular persons who are not formally
legally incapacitated but are in a condition that makes it impossible for them to understand
their situation properly and to make conscious decisions, is the process of such persons’ placement in the facilities. Persons acting on behalf of such residents are not in any way authorized, in the light of the regulations in force, to make decisions to place the resident in a
106 The following 24-care facilities: „Dom nad Świdrem” in Otwock, KMP.573.3.2017; Dom Opieki „Sielanka” in Palmiry, KMP.573.7.2017; Dom Opieki
„Spokojna Przystań” in Baniocha, KMP.573.4.2017; Dom Opieki Nad Osobami Starszymi „Zielony Zakątek” in Ząbki, KMP.573.1.2017; Centrum
Opiekuńczo-Rehabilitacyjne „Alter Domus” in Otwock, KMP.573.9.2017; Dom Opieki „Ostoya Homes” in Stare Babice, KMP.573.2.2017; Dom
Opieki „Nestoria” in Piaseczno, KMP.573.5.2917; Dom Opieki „Nestor” in Wojszczyce near Pomiechówek, KMP.573.8.2017; Centrum Seniora
„Angel Care” in Wrocław, ref.no. BPW.573.1.2017; Dom Opieki „Złota Jesień” in Gdańsk, BPG.573.1.2017; Dom Spokojnej Starości „FiliŻanka”
in Gnojnik, KMP.573.13.2017; Dom Opieki „Florans” in Stare Babice, KMP.573.18.2017; Facility for Chronically Ill Female Residents in Warsaw,
KMP.573.27.2017; DUOMED s.c in Marki, KMP.573.36.2017; Dom Opieki „Józefina” in Józefów near Warsaw, KMP.573.35.2017
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