Long-term Deprivation of Liberty 190. Although the center informed the inspection team that on occasions cou­ ples or spouses had been admitted, there were never able to share a room because the center does not have facilities prepared for couples to share living quarters, whether they were admitted as a couple or met each other in the center. This state of affairs should be corrected. Areas to allow couples to The center also lacks a specific policy in respect to patients’ right to privacy and sexual life. Thought must given to this issue, followed by technical decisions that will enable taking into consideration and respecting the possibility of allowing emotional relationships in the center, with appropriate protection of residents who due to their disabilities may not be in conditions to have sexual relations in the full exercise of their capacity of volition and judgment. A clear policy in respect to live together should be available patients’ right to privacy and a sexual life must be established In addition, residents have to accept being nude in front of health care personnel and even of other residents, since doors to the lavatories and bedrooms are not closed: «You’re nude and the nursing assistants come and go without paying at­ tention. It is a little humiliating, but you get used to it.» 191. The autonomy and positive participation of residents must be encouraged, both from a therapeutic point of view and in respect to their fundamental rights. Furthermore, since the role of the family is essential in the process of psycho­ logical and social rehabilitation of persons suffering from mental illnesses, the active participation of family members in the life of the center and in the matters that affect residents should be encouraged. This participation could be channeled through the Participation Council, the Menu Commission, the Commission for Social and Cultural Activities, etc., or by means of satisfaction surveys amongst residents and their families. Patient autonomy and the active participation of their families must be encouraged In this sense, the center that was inspected does not have systems for the partici­ pation of residents and their families in the life of the center, whether it be in day to day matters –menus, outings, program of activities, etc.– or in aspects that affect their basic rights more directly, which should be corrected. However, the Project «Meeting Point», consisting of specific meetings with families to discuss matters of interest for the latter should be highlighted as a positive element. 192. An effective procedure to submit and resolve complaints is a basic guaran­ tee against mistreatment. However, the «San José» Residence does not have a mechanism for submitting complaints and/or suggestions, lacking official forms and boxes for that purpose, nor does it have a unified procedure for processing complaints. This procedure must be established as soon as possible. A system for making 193. The visiting times for relatives are ample, and are given on admissions. Families can walk around the gardens or visit with their relative in areas pre­ pared for that purpose in the buildings. The majority of residents who were in­ terviewed declared that they would like to have more contact with their rela­ tives, although they argue that in many cases it is not possible since they come from villages that are not close to the center. Several persons interviewed from The feeling of being THE OMBUDSMAN OF SPAIN complaints/suggestions must be established as soon as possible uprooted must be avoided 143

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