COVID-19 AND HUMAN RIGHTS IN CLOSED INSTITUTIONS
The CRPD recognises the inherent dignity and autonomy of persons living
with disabilities. The Convention explicitly refers to equal health care for
all and mandates state parties to ‘provide those health services needed
by persons with disabilities specifically because of their disabilities’. This
also applies to detention facilities or other closed institutions. This is even
more relevant during the COVID-19 pandemic as persons concerned depend on the state to guarantee also adequate measures to protect their
physical health. While quarantine in the context of the pandemic might
have been necessary, international standards concretely regulate the limits. Moreover, deprivation of liberty for preventive measures must have
a therapeutic function that foresees an appropriate and individualized
therapy or treatment.41
PROMISING PR AC TICE
The COVID-19 pandemic poses an
enormous threat to the physical and
mental health of persons with psychosocial and intellectual disabilities deprived of liberty. On the one hand, considering the overcrowding of detention
facilities, including institutions for preventive measures, persons concerned
cannot keep distance and reduce contacts. Besides, they depend entirely on
the state to provide them with sufficient
masks, hand sanitiser, clean water, soap
or tests. On the other hand, the restrictive measures to protect their physical
health, like the halt of therapies and
leisure time activities, can have severe
negative consequences for their mental
health.
In Italy, the capacity of REMs is
limited to 20 persons per institution. The small dimension of these
facilities and their management
by the healthcare system made it
possible to react to the pandemic
in a way that minimized the restrictions imposed on the patients
and, more importantly, guaranteed the continuity of therapeutic
treatments. Moreover, there are
30 REMs in Italy, which enables
that persons are close to their relatives. An aspect that facilitates
visits in times of pandemic. However, more facilities would be necessary to accommodate all persons fulfilling the requirements.
Like most of the COVID-19 related regulations, the provision of protective measures such as facemasks, disinfectant and tests did not only vary
between institutions in Austria, Germany and Italy but also over time. Initially, in several institutions, neither staff nor detainees were obliged to
wear face masks; some did not even have a supply of masks. Later, persons
concerned had to wear them outside of their rooms and when they were
11