Report on the Performance of Activities of the National Preventive Mechanism for 2017
Through various organized free-time activities, the Home in Osijek encourages the elderly with mobility
issues to get out of bed and leave their rooms. However, in the Home in Makarska, due to the lack of
organized activities, people with dementia spend their time sitting in the living room, in their room or
walking around the hallway of the closed ward, which only has one caretaker.
Individual bedridden users in the Home in Makarska say that the lack of diapers is a specific problem
because they only get two in 24 hours, so they are forced to use toilet paper along with the diapers,
which is humiliating. Although some employees denied this, due to the lack of individual records of
care, these allegations could not be verified.
Inappropriate accommodation conditions also affect the level of respect for users' rights. For example,
Makarska Home’s branch in Runović does not have an elevator and it accommodates bedridden
persons on the first floor, which brings their safety into question in case of urgent evacuation.
Additionally, as the stairs do not have a wheelchair ramp, their freedom of movement is limited.
The communication protocol with the users of the Home in Osijek is an example of good practice
because it enables filing complaints to the director about the staff conduct, which the users drop in the
box intended for this purpose. However, these complaints are then dealt with “informally“, so this should
be regulated by an internal act. Each room has a bell to call the nurses when needed. Calls, as well as
the staff's responses, are recorded in the computer, allowing to check whether there was an appropriate
reaction to each call and in what time, which is also an example of good practice.
The users of the accommodation unit usually have their ID cards with them, whereas the ID cards of
the permanent care patients are usually with their families or guardians, which is unacceptable and
constitutes a form of limitation of freedom of movement. Namely, the ID card is the basic identification
document, which every person over the age of 16 residing in the RC is obliged to have with them and
present to the authorized persons. Therefore, the users who leave the facility premises without their ID
card with them are committing an offense. If, due to medical reasons, an elderly person cannot have it
with them, it should be stored in an appropriate place in the facility.
Some homes lock the wards that accommodate people who cannot leave at their own will. It is clear
that, for example, those with Alzheimer's dementia, due to severity of their mental disorders, need this
kind of accommodation, but this should be legally regulated because it violates Article 5 of the
European Convention on Human Rights and Article 16 of the Constitution, and, de facto, constitutes a
case of deprivation of liberty without a legal basis. Namely, the guardian’s consent cannot be seen as
the consent to the accommodation if the user objects to it.
The Act on Protection of Persons with Mental
Disorders
(APPMD)
prescribes
Some homes have closed wards that
accommodate people who cannot leave them as
they wish. The Act on Protection of Persons with
Mental Disorders prescribes control mechanisms
for involuntary accommodation in a psychiatric
institution, but no act prescribes similar
mechanisms for permanent accommodation in
social care homes, which usually lasts much
longer than treatment at a psychiatric institution.
control
mechanisms for involuntary accommodation in
a psychiatric institution, but no act prescribes
similar
mechanisms
for
permanent
accommodation in social care homes, which
usually lasts much longer than treatment at a
psychiatric institution. This means that a person
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