recommended to provide a sufficient and constant access to information concerning
patient rights (Institute of Psychiatry and Neurology in Warsaw).
7.6.
Social care centres
In 2010 the representatives of the National Preventive Mechanism carried out
visits to six Social Care Centres (hereinafter: SCC, Centre)90.In most cases these were
centres for chronically mentally ill persons. Visits of the NPM representatives to such
establishments raised doubts of the Voivode of the Mazovian Voivodeship. In a letter
of 18 August 2010 the Voivode raised objections as to the legal basis for carrying out
visits to social care centres. In his view, social care centres cannot be recognized as
detention places and residents of these centres as persons deprived of liberty in the
meaning of Article 4 of the Optional Protocol to the UN Convention Against Torture,
Inhuman or Other Degrading Treatment or Punishment He emphasized that, in
principle, the placement of an individual in a social care centre does not take place
upon the warrant issued by judicial or administrative authorities, but rather it is a right
applicable to an individual which can be exercised upon the consent of this person or
his statutory representative. Referring to cases of persons whose stay in a social care
centre is executed upon the guardianship court’s decision (involuntary admission or in
case of a withdrawn consent), the Voivode indicated that the issues of conditions of
stay and respect for these persons’ rights are subject to visits by district court judges.
In reply of 22 September 201091, the Human Rights Defender agreed with the Voivode
that persons staying at social care centres are not deprived of liberty in the meaning of
the criminal law and that referral to such establishments takes place, in principle, upon
the interested party's motion.Nevertheless, he indicated that persons whose placement
in a social care centre was decided by court are also residents of social care centres. In
accordance with the definition of Article 4 of the OPCAT, the other group of persons
is treated as persons deprived of liberty and thus, social care centres are within the area
of the National Preventive Mechanism’s interest. Moreover, the Human Rights
Defender informed the Voivode that the possibility of performing controls by other
entities on the basis of separate regulations is of no significance to preventive visits to
detention places, which are the essence of the National Preventive Mechanism’s
activity.
a) Living conditions
Act on social assistance of 12 March 2004 (Dz.U. No. 64, item 593, as amended)
Article 55
1. Social care centre provides living, care, assistance and education services at the level of
effective standards, in the scope and forms resulting from individual needs of residents,
hereinafter referred to as “residents of the centre”.
2. The organisation of a social care centre and the scope and level of services provided by
90
Social Care Centre No 3 in Łódź, Walerian Łukasiński Social Care Centre in Góra Kalwaria, “Leśny” Social
Care Centre in Warsaw, Social Care Centre in Radom (Zientalów Street), Social Care Centre in Jedlanka, Social
Care Centre in Bytom (Dworcowa Street).
91
RPO-641335-III/10; RPO-641336-III/10.
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