42
For the purpose of performing the tasks of the NPM, persons living with disabilities include
those who have long-term physical, mental, intellectual or sensory impairments which in
interaction with various barriers may hinder their full and effective participation in society on an
equal basis with others.117
Disabled persons deprived of their liberty are often placed in segregated institutions, which
perpetuates their social marginalization and stigmatization. Institutionalization perpetuates their
deprivation of liberty that can last as long as they live. In the case of persons with disabilities
living in such institutions, the lack of reasonable accommodation in detention facilities may
increase the risk of exposure to neglect, violence, abuse, torture and ill-treatment.118
9.2.1. Persons with disabilities living in residential institutions
Performing the tasks of the NPM in the field of the placement of disabled persons deprived of
their liberty in residential institutions, in 2015 I published reports on two institutions, the
Therapeutic House of Debrecen (hereinafter the “Therapeutic House”) and the Platán
Residential Home of Kecskemét (hereinafter the “Platán Residential Home”).
The authorized capacity of the Therapeutic House was 280; it had been temporarily reduced to
250. On the day of the visit, there were 200 persons with psycho-social and 51 with intellectual
disabilities residing in the institution.
The authorized capacity of the Platán Residential Home was 100. Due to the renovation works in
progress, 91 residents of the Platán Residential Home had been transferred to a temporary
facility, and four elderly patients were taken care of in the building under renovation.
The visits to the Therapeutic House and the Unit for the Disabled of the Platán Residential
Home established the inadequacy of material conditions. Despite the relevant legal provisions,
barrier-free access was not provided everywhere in the institutions’ buildings. There were rooms
that did not meet the requirements of six square meters of living space per patient and maximum
four persons per room. Furthermore, there were not enough rooms for married couples and
partners.
The Therapeutic House could not provide one bathtub or shower per ten patients; furthermore,
it did not meet the statutory requirement of providing separate restrooms for men and women.
The shower rooms in the Platán Residential Home needed urgent renovation and, according to
the staff, they had to wait for hot water for a long time. The institution could not provide
separate restrooms and shower rooms for men and women, either. The restrooms and shower
rooms accessible to the persons deprived of their liberty could not be locked.
See Article 1 of the CRPD
See Paragraphs 38 and 39 of the Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, 28 July 2008, A/63/175 by Manfred Nowak
117
118
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