Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012 vides less funds for geriatric patients, patients with somatic disorders and detox patients in general psychiatric wards than for such patients treated in detoxification or psychogeriatric wards. According to the representatives of the Mechanisms, the above situations result in debts of the establishments providing round-the-clock psychiatric care. Furthermore, they also constitute discrimination against mentally ill patients in the health care system in Poland, thus posing a significant systemic problem. 2.  Lack of legal regulations on detained patients The treatment of persons subject to preventive measures consisting in the placement in a closed psychiatric institution is also a source of discrimination in terms of their rights as patients and persons deprived of liberty. Pursuant to Article 41(1) of the Polish Constitution, personal liverty may be restricted only by a  statutory legal act. However, important principles concerning detained persons are left to the discretion of the hospital management and stipulated in the regulations of hospitals or of their individual wards drawn up without reference to any legal act. While drawing up their own normative acts, hospitals often step into the area reserved for the acts of law. The exceptions are the organisational regulations for establishments with enhanced and maximum security which are laid down in the domestic legislation228, but only in very general statements and referring the detained patient to the regulations of a  given hospital. A detained patient in a  psychiatric hospital must therefore observe the organisational regulations of the said hospital229, although the legal status of detained patients is totally different than that of ordinary patients and thus the use of the same normative acts (regulations) results in significant difficulties. The Executive Penal Code does not include regulations on detained patients concerning in particular their right to refuse treatment and therapy, their contacts with the outside world, religious practices or the regulations on leaves from detention to which other patients and prisoners are entitled. The representatives of the NPM paid special attention to the problem noted in each visited establishment and consisting in detained patients being refused leaves or experiencing considerable difficulties in obtaining them. See: § 10(3) and Annex 6 to the Ordinance of the Minister of Health of 10 August 2004 laying down the list of psychiatric and rehabilitation facilities where preventive measures are to be applied, as well as on the composition, appointment procedure and tasks of psychiatric commission for preventive measures (Dz. U. No 179 item 1854, as amended). 229 See: § 10(2) of the abovementioned Ordinance. 228 90