Article 15 Freedom from Torture or Cruel, Inhuman or Degrading Treatment or Punishment
194. The Constitution (Article 25) determines that physical and mental integrity is inviolable and nobody may be subjected to torture, inhuman or degrading treatment or puhishment, nor subjected to medical and other experiments without their free consent, which applies to all persons, including persons with disabilities.
195. Legal protection of persons with disabilities from abuse is guaranteed with the Criminal Code (Article 137). In practice, protection of persons with disabilities from torture, cruel, inhuman and degrading treatment or punishment, is a big challenge in institutionalised care facilities. Attempts were made to provide protection to adults and children with disabilities under institutional care, however, these attempts failed to actually protect dignity of these persons. Reasons may be found in the nature of the institutional environment which is subject to violations, but also in specific deficiencies in the design and/or implementation of the stated protection measures.
196. The Law on Police envisages the following principles: impartiality, non-discrimination, humanity, respect for human rights and providing medical aid.
197. The Internal Control Sector has a Commission for monitoring implementation of the Convention against Torture or Cruel, Inhuman or Degrading Treatment or Punishment, which monitors and investigates cases of such actions of police officers towards persons deprived of liberty.
198. In 2008, special action plans were developed for a number of social care facilities accommodating users in which irregularities in the protection of users were detected. For the purpose of execution of activities, deadlines, executives and funds were determined. MLSP is planning to develop these action plans for all facilities which accommodate children or adults with disabilities.
199. Such action plans, inter alia, include an obligation that children with disabilities can only be received after a detailed review of merits, appropriate use of available capacities of institutions, and after creating a registry for recording applied restrictive measures
(mechanical restrains, isolation and positioning of users, application of a drug therapy to recover from psychomotor restlessness), when a measure and its duration are imposed. Also, restrictive measures may be applied only by the order of a psychiatrist, in relation to a specific user, and there is no possibility to issue a blank psychiatrist's order.
200. Procedures were introduced in situations of risk of injuries and self-harm of users (psychiatrist's assessment and assessment of a prevention method), and cooperation on medical staff education was established between MLSP and MH.
Practice
Civil society organisations indicate that psychiatric facilities have no legal obligation to develop a protocol on the use of means of physical restraints on users. With regard to social care facilities, as part of development of minimum service standards in the field of social protection, MLSP developed a set of standards, inter alia, for restrictive actions and measures in social care facilities. These are guidebook materials, i.e. instructions according to which facilities develop their own binding protocols. Although level of awareness of damage and risks arising from the use of restrains is higher among facilities' staff and administration institutions in comparison to the past few years, the practice related to restrains applied in self-harming behaviour should continued to be improved.