Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
psychiatric hospital for the purpose of an important medical consultation,
examination or treatment procedure.
Correspondence on the issue has been exchanged both with the Minister
of Health and the Minister of Justice216. The Minister of Justice, in his reply
to the general intervention of 23 August 2016 correctly noted that the detailed regulations on the rules and conditions of escorted transport should
apply to all patients of psychiatric care institutions, and not only to persons
in relation to whom a preventive measure has been adjudicated. Therefore,
on 2 March 2017 the Commissioner for Human Rights submitted a general
intervention to the Minister of Health requesting him to take appropriate
action to regulate the issue of escorted transport of all patients of psychiatric
hospitals.
In his reply of 20 April 2017, the Undersecretary of State in the Ministry of Health pointed out that Article 41 of the Act of 27 August 2004
on health care services financed from public funds217 contains a provision on medically-supported transport of persons in relation to whom
preventive measures have been adjudicated. However, the content of the
Act does not cover matters such as the specific course of implementation
of preventive measures, including the patient’s possible stay outside the
institution where the measure is conducted, as this should be determined
by the court.
The issue will continue to be monitored by the NMPT.
5. Emergency call system
One of the component elements of protection of the rights of persons
deprived of their liberty, verified by the NMPT during its visits to places of
detention, is the persons’ safety.
According to the NMPT, the role of an efficient and easily accessible
emergency call system cannot be overestimated here. It enables fast intervention of medical personnel in emergency situations of health deterioration of patients. In the opinion of the NMPT’s representatives, emergency
call buttons should be available in all rooms used by patients (bathrooms,
bedrooms, safety rooms for patient isolation as a direct coercion measure,
etc.). Emergency call systems are also of particular importance for persons with disabilities who, according to the requirements laid down in the
CHR’s general intervention of 23.08.2016 to the Minister of Justice, ref. no. KMP.571.23.20l4.
Dz. U. of 2004, no. 210, item 2135, as amended.
216
217
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