Long-term Deprivation of Liberty
190. Although the center informed the inspection team that on occasions cou
ples or spouses had been admitted, there were never able to share a room because
the center does not have facilities prepared for couples to share living quarters,
whether they were admitted as a couple or met each other in the center. This state
of affairs should be corrected.
Areas to allow couples to
The center also lacks a specific policy in respect to patients’ right to privacy and
sexual life. Thought must given to this issue, followed by technical decisions that
will enable taking into consideration and respecting the possibility of allowing
emotional relationships in the center, with appropriate protection of residents
who due to their disabilities may not be in conditions to have sexual relations in
the full exercise of their capacity of volition and judgment.
A clear policy in respect to
live together should be
available
patients’ right to privacy
and a sexual life must be
established
In addition, residents have to accept being nude in front of health care personnel
and even of other residents, since doors to the lavatories and bedrooms are not
closed: «You’re nude and the nursing assistants come and go without paying at
tention. It is a little humiliating, but you get used to it.»
191. The autonomy and positive participation of residents must be encouraged,
both from a therapeutic point of view and in respect to their fundamental rights.
Furthermore, since the role of the family is essential in the process of psycho
logical and social rehabilitation of persons suffering from mental illnesses, the
active participation of family members in the life of the center and in the matters
that affect residents should be encouraged. This participation could be channeled
through the Participation Council, the Menu Commission, the Commission for
Social and Cultural Activities, etc., or by means of satisfaction surveys amongst
residents and their families.
Patient autonomy and the
active participation of their
families must be
encouraged
In this sense, the center that was inspected does not have systems for the partici
pation of residents and their families in the life of the center, whether it be in day
to day matters –menus, outings, program of activities, etc.– or in aspects that
affect their basic rights more directly, which should be corrected. However, the
Project «Meeting Point», consisting of specific meetings with families to discuss
matters of interest for the latter should be highlighted as a positive element.
192. An effective procedure to submit and resolve complaints is a basic guaran
tee against mistreatment. However, the «San José» Residence does not have a
mechanism for submitting complaints and/or suggestions, lacking official forms
and boxes for that purpose, nor does it have a unified procedure for processing
complaints. This procedure must be established as soon as possible.
A system for making
193. The visiting times for relatives are ample, and are given on admissions.
Families can walk around the gardens or visit with their relative in areas pre
pared for that purpose in the buildings. The majority of residents who were in
terviewed declared that they would like to have more contact with their rela
tives, although they argue that in many cases it is not possible since they come
from villages that are not close to the center. Several persons interviewed from
The feeling of being
THE OMBUDSMAN OF SPAIN
complaints/suggestions
must be established as
soon as possible
uprooted must be avoided
143
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