worsened medical condition, which required his relocation from the secure ward. The signature of consent of another resident was missing by mistake, which was later rectified. The management of Podbrdo Retirement Home also clarified that the court was being informed about the detention of residents since the entry into force of the ZDZdr and the court always issued decisions on detention. The management claimed that the clarification we received upon the visit regarding the court decisions not to implement procedures was incorrect. The management of Podbrdo Retirement Home also stated that it would inform the court about admitting residents to the ward when residents do not consent to admission. In its reply to the final report, the Ministry of Labour, Family, Social Affairs and Equal Opportunities explained that it would pay attention to the elimination of findings regarding the provision of consent for admission to the ward with or without the resident’s consent and the content of the consent, including the methods of supervising residents, which may refer to special protection measures according to the ZDZdr. Such and similar examples would be pointed out on the next education course intended for the discussion of dementia patients within the institutional care for the elderly. The Ministry also stated that a ward, which has not been verified yet or which could not be verified due to the non-fulfilment of technical conditions, and which, according to its activity, functions as a secure ward, must observe the ZDZdr. It also stressed that it was aware that certain older retirement homes failed to provide technical conditions adjusted to modern work concepts, and that their founders were considering how to replace these capacities with more suitable ones. The NPM recommended that the Tolmin Unit supplement the consent for residents of the dementia ward accordingly, and thus explicitly inform the resident giving their consent about the possibility of revoking the consent in any available way (verbally, in writing or by means of conclusive actions). The management of Podbrdo Retirement Home explained that the form for residents’ consent in the dementia ward had been supplemented accordingly. The NPM recommended that the Tolmin Unit obtain a psychiatrist’s opinion if in doubt whether a resident was capable of understanding the content of the statement, and regarding the consequences that signing such a consent would have on them. The psychiatrist should evaluate the capacity to understand accordingly. If a resident was incapable of giving their consent, the unit would have to obtain a decision from the competent court before admission. The management of Podbrdo Retirement Home stated that the NPM recommendation would be observed, and the opinion of the resident psychiatrist on understanding the statement and its consequences would be obtained. The NPM recommended that residents of all three secure wards of Tisje Retirement Home and the Litija Unit be further consistently enabled access to green areas and walking outside. Implementation of special protection measures The NPM recommended that Trubar Retirement Home in Loka pri Zidanem Mostu always act according to the ZDZdr when limiting the freedom of movement of a restless resident with a certain measure (when ordering restrictions, notifying persons determined by law and keeping of suitable records). The NPM proposed that when a resident of Danica Vogrinec Retirement Home cannot provide consent to use the belt to prevent slipping and the risk of slipping is present due to the resident’s physical weakness or disability, a general physician should be included in deciding on when to use the aforementioned belt. The NPM proposed to Danica Vogrinec Retirement Home that restricting a resident’s movement by means of a belt that prevents slipping is implemented in accordance with the rules applicable to special protection measures when there is a risk of falling from a wheelchair due to the resident’s movement 48 IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2016 NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

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