of the ZDZdr, as this Article applies ONLY to admittance to departments of a psychiatric hospital
under special supervision, and cannot be used for social care institutions EITHER DIRECTLY OR
REASONABLY.
• I t was our recommendation that when a resident (who has not been deprived of legal capacity)
is unable to provide their consent to be admitted to the secure department, Fužine Retirement
Home should notify the court prior to detaining the resident in the secure department, as in such
cases detention is permissible only on the basis of a court decision. It was recommended that the
retirement home inform us of the matter, should the court not decide on the proposal or issue a
decision that the procedure not be started.
In its response to the preliminary report, the retirement home stated that in its thirteen years of
operation they had had only two applicants or residents who had been deprived of their legal capacity
prior to arrival. It is the retirement home’s opinion that admittance to a secure residential unit mostly
comes as a relief to family members who are burnt out from caring for a person with dementia. Because
of these facts, it is their opinion that it would be wrong to keep people with dementia in their home
environment only for the purpose of the implementation of proceedings stipulated by the ZDZdr. It
is the retirement home’s opinion that if they considered the recommendation made by the NPM, this
would mean that the court would have to visit the person with dementia in their home environment,
and the person would have to be charged the reservation of an empty room until admittance.
We also explained to our dialogue partners in the retirement home that we were aware of the unrealistic
solution under the ZDZdr, which does not regulate for the urgent procedure of admittance to a secure
department of a social care institution.
b) Cancellation of consent for admittance to a secure department
During our visits to retirement homes, we have repeatedly emphasised the need for retirement homes
to prepare appropriate forms for residents who are still able to express their will to be admitted to a
secure department and to always add legal instructions to the form, i.e. the possibility of cancelling such
consent either verbally or in writing or with conclusive actions, e.g. knocking on the door, trying to open
the door, or similar as stipulated by the ZDZdr. In addition to the recommendations provided below, the
NPM also made such recommendations when visiting the Sv. Martin Retirement Home in Srednja vas v
Bohinju, Fužine Retirement Home, and Dr Janko Benedik Retirement Home in Radovljica.
• In the light of the design of the secure department of Gornja Radgona Retirement Home (dementia
unit – DU) making it impossible for residents to leave the department independently, we believe
that, in accordance with the ZDZdr, the consent of people living in this department should be
obtained. This consent should include a legal instruction on how to cancel such consent.
For people who are unable to provide such consent, or who disagree with admittance to this
department, appropriate court proceedings should be started to assess the need for staying in
such a department, which, in accordance with the ZDZdr, the NPM believes can be defined as a
secure department of a social care institution.
In its response to the preliminary report, the retirement home stated that the employees try to give
meaning to life for its residents in the home within the limits of realistic possibilities and sometimes even
“beyond”. It was for this reason that they immediately reacted to the findings and recommendations
made by the NPM and found appropriate solutions for the majority of them. Unfortunately, they are
unable to completely agree with the NPM’s opinion that the retirement home and its unit for people
with dementia (DU) meet all the conditions for it to be renamed as a secure department. Residents’
movements in this unit are not restricted in the sense that they are unable to leave the room. The doors
are also not locked although it is true that they open with more difficulty due to the closing mechanism.
This deficiency has been eliminated. Residents who leave the unit are not directed back into the unit, the
garden or the fenced-in yard. The retirement home stated that they wished to avoid unpleasant events
which could consequently be caused by being defined a secure department of a social care institution
(for example, Lukavci Retirement Home). The DU will only admit residents who are still able to express
their will and decide on their accommodation, and in their work they will follow the model of personal
monitoring – a concept which does not restrict the freedom of movement of people with dementia.
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2017
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
49
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents