Report on the Performance of Activities of the National Preventive Mechanism for 2017
during involuntary detention or accommodation. The Institute provided us with the data regarding the
total number of people covered by the cost-sharing scheme, which includes those staying in the
institutions of their own free will. Persons suffering from acute psychiatric disorder who do not have
supplemental health insurance plan still have to take part in cost sharing during involuntary detention
and accommodation because the diagnosis they were given is not covered by the CHII List of Diagnoses
eligible for funding through mandatory health insurance. In accordance with the Act on Mandatory
Health Insurance, CHII fully covers the costs of treatment of chronic psychiatric diseases only. Such a
practice is unacceptable in cases of involuntary detention and accommodation. Regardless of the
diagnosis, treatment costs should be covered by the CHII in full. In that respect, in our previous reports
we called for amendments to the Act on Mandatory Health Insurance. Despite our efforts, the
amendments have not been made yet and this puts some patients in an absurd situation whereby they
are partially charged costs of treatment that they cannot terminate of their own will.
During our visits, we did not register instances of inhuman treatment, but we did observe some cases
of degrading behaviour. As a rule, patients were satisfied with the approach of nurses/technicians and
doctors. In particular, patients of the Psychiatric Clinic of the Rebro University Hospital Centre praised
the quality of treatment. On the other hand, high security psychiatric ward does not meet the Ordinance
on Minimum Standards of Space, Workers and Medical Equipment for Providing Healthcare to Persons
Deprived of Their Liberty. For example, some rooms are equipped with as many as six beds. Of all the
psychiatric institutions visited by the NPM, the psychiatric ward of the Dubrovnik General Hospital has
the best accommodation arrangements. Inter alia, windows are without bars and made of shatter
resistant glass and this creates positive environment for therapeutic engagement in treatment. In both
of these institutions, patients in the high security psychiatric ward cannot spend time outdoors.
Use of means of coercion against persons with mental disorders is allowed in exceptional circumstance
only, if very urgent cases of serious and direct threat to the person’s own or someone else’s life, health
and safety occur. In these cases, in line with the
Ordinance on Types and Methods of Use of Means of
Coercion against Persons with Mental Disorders, all
patients are entitled to protection from restricted
movements or isolation, if unjustified from a medical
point of view. For this reason, data on frequency of
In line with the Ordinance on Types and
Methods of Use of Means of Coercion
against Persons with Mental Disorders,
all patients are entitled to protection
from restricted movements or isolation, if
unjustified from a medical point of view.
use of means of coercion and justification thereof
from a medical point of view are extremely important to determine to what degree their rights are
being respected. Yet, none of the psychiatric institutions made the data fully available.
Despite the recommendation in the 2016 Report, institutions have not kept special records on the use
of means of coercion that would allow for assessment of the frequency thereof. Also, despite the fact
Some of the healthcare staff applying the means of
coercion are not at all familiar with provisions of the
APPMD and Ordinance so all psychiatric institutions
should establish and regularly keep records on the
applied means of coercion.
29
that, in accordance with the APPMD,
psychiatric institutions are obliged to submit
a report to the Commission for Protection of
Persons with Mental Disorders (CPPMD) on
the use of means of coercion, they do not
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