63
The Court of First Instance rejected the claim. In the explanatory part of the ruling, the Court pointed
out that the NPM’s report is not subject to appeal. Should the party concerned disagree with its
contents, he/she/it may explain his/her/its position in a form provided for by the Ombudsman Act.
In the Court’s opinion, “the fact that the NPM’s proceedings have led to conclusions unfavorable for the petitioner,
does not entitle the petitioner to demand a new report favorable for him or to ask the Court to establish the unlawfulness
of the unfavorable conclusions.”196
9.2. Visit to the Bóly-Görcsöny Integrated Social Institution of Baranya County
The Bóly-Görcsöny Integrated Social Institution of Baranya County (hereinafter the “institution”)
provides long-term residential care to persons living with disabilities whose education and care can be
ensured only in institutional frameworks. At the time of the visit, there were 35 minors and 200 adults
with intellectual disability living in the institution with the capacity of 235.197
In the case of minors with no legal capacity, there was nothing in the institution’s documents indicating
that, pursuant to Article 12 of the UN Convention on the Rights of the Child, the children had been
interviewed in connection with their placement. I requested the head of the institution to hear all
minors with no legal capacity and persons under guardianship invoking fully limited legal competency
upon their admission to the institution and to enclose these interviews’ records with the contract on the
provision of care. The head of the institution informed me that, in the future, he would interview all
persons under guardianship invoking fully limited legal competency and minors with no legal capacity
during their admission to the institution.
I requested the head of the institution to provide a mobile ballot box to those residents who would like
to exercise their right to vote. In his letter, the head of the institution informed me that they would
provide all assistance to those who would like to exercise their right to vote.
The institution had no in-house physician, and the number of movement psychotherapists and
activity-organizers did not reach the number recommended by the law for residential institutions
providing personal care, either. Although there were male nurses working in every unit of the
institution, male residents were bathed mainly by female nurses. In his response, the head of the
institution informed me that he could ensure the provision of medical care only on a contractual basis;
the physician contracted by the institution was, at the same time, the general practitioner of the
residents. He could employ more movement psychotherapists depending on the possibilities, and he
was trying to hire more male nurses.
I requested the Minister of Human Capacities to consider making the staff number standards for
movement psychotherapists and activity-organizers, stipulated in Annex 2 of Minister of Health, Social
and Family Affairs Decree 1/2000. (I. 7.) SzCsM for residential institutions providing personal care,
mandatory instead of recommended. Following the visit, the MoHC informed me that making
decisions as to whether and in what number it is necessary to hire people in order to fulfill certain
positions falls under the competency of the head of the institution, not the legislator.
I requested the institution’s supervisory authority, the General Directorate of Social Affairs and Child
Protection to organize the rooms in a way that would ensure the statutory minimum 6 m2 per capita
living space for every resident. In its response, the supervisory authority informed me that the
professional preparation of joining in the project EFOP-2.2.5 (continuation of Project EFOP-2.2.2) is
underway; the objective is to replace the castle building giving home to the institution and to introduce
a supported form of accommodation for the residents.
Ruling № 71.P.22.475/2017/17 of the Budapest-Capital Regional Court, dated March 6, 2018, put on file in my Office under № AJB3246/3/2018
197 See also in section 8.4.1. above
196
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