ANNUAL SPECIAL REPORT 2018
57
6. Care Institutions for
Disabled Persons
6.a. Competence of the NPM on care institutions for disabled persons
Within the framework of its competencies, the NPM visits places for people
with disabilities who have serious support needs. These public or private
facilities, given the actual living conditions, the specific personal constraints
of the individuals concerned, and often the legitimate grounds for commitment (placement by a public prosecutor's office), are de facto restriction
sites, which are considered to fall under Article 4 of Law 4228/2014. In these
places, people with severe disabilities are deprived of their liberty as they
cannot actually leave on the basis of personal desire or will, especially in
cases of lack of legal capacity, and personal restraint measures (chemical/
pharmaceutical or mechanical restraint), which are also within the competence of the NPM, may also be taken.
6.b. Completion of pilot intervention and implementation of de-institutionalisation programmes
In 2018, the NPM conducted an inspection at the Department of Disabled
People of Lehaina of the Centre for Social Welfare of the Region of Western
Greece (29 January). Since 2011, the Ombudsman has been monitoring the
issue of the living and care conditions of children with severe and complex
disabilities living outside the family environment, as well as of adults, in the
structures of Social Welfare Centres, including the Department of Disabled
People of Lehaina27.
The Authority has highlighted violations of the human rights persons under
care and found serious deficiencies in the areas of care, rehabilitation, education, socialisation, activities, entertainment, lack of adequate and appropriate
staff and scientific supervision, bedding/cabinets, strapping and drug suppression, electronic monitoring instead of human presence, non-observance
of therapeutic protocols and shortfalls in equipment and facilities.
In addition, the Authority has noted that the current institutional framework and existing living conditions do not guarantee the protection of the
27 The Greek Ombudsman, Report “Care Institution for Disabled Children in Lehaina”
https://www.synigoros.gr/?i=childrens-rights.el.anaphries.46868
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