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to leave the residence unaccompanied or that weekend leave was withdrawn.
The Ombudsman therefore concluded that urine samples were not provided on
an entirely voluntary basis.
In practice, urine samples were provided under the supervision of an adult, for
instance by an employee standing immediately next to or behind the young
person; in other cases, the adult turned his or her back or stood outside the
door. Several of the young people stated that they found it humiliating having
to provide a urine sample under the supervision of employees.
There can undoubtedly be good reasons to request a urine sample, for instance
at residences with drug abusers. However, if the residents are more or less
forced to provide samples, this is an intrusion into their right to a private life.
This is particularly true in the case of people living in an institution as they are
dependent on the employees. It is therefore important that the legislation lays
down clear rules for the use of urine samples in such places.
Mobile telephones and computers
The Ombudsman came across the same issue in other areas on his monitoring visits. For almost all children and young people it is crucial that they have
access to the Internet or a mobile telephone. Some residences have introduced
rules limiting the young people’s access to communicating by mobile telephone
or computer. The specific rules vary. For instance, some residences have rules
stating that the young people will be given their mobile telephones after completing their daily tasks, after showering at weekends or on Fridays after they
have cleaned their area and their rooms. There are also examples of internal
rules at residences laying down that the young people’s mobile telephones are
confiscated if used inappropriately, for instance for threats or swearing, or if the
young person has left the premises without permission. Some residences also
have rules stating that when the young people are ill, they can only get their
mobile telephone back by agreement with the employees.
Some residences have also introduced restrictions on the use of computers.
At one residence visited by the Ombudsman and his team, smoking was thus
prohibited in bedrooms and the Internet connection of anyone found smoking
anyway was cut. Other residences had rules stating that the young people were
not allowed to download anything from the Internet without the permission of
an adult or that they were only allowed to visit particular chat websites.
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