CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ INTERNATIONAL AND DOMESTIC PROTECTION FROM VIOLENCE OF PERSONS … years there were more visits, however, it cannot be considered a systematic monitoring mechanism. The oversight carried out by the Office is important and comprehensive, however, the effectiveness is limited due to the limited number of visits in comparison with the total number of social care institutions. In summarizing the reports of Seimas Ombudspersons’ Office on social care and healthcare institutions for individuals with disabilities, a recurring issue is evident: the inadequacies in handling the use of physical restraints on persons with disabilities. Some institutions lacked established procedures for applying physical restraints 89 , or their procedures were not properly aligned with current legislation 90 . Despite some institutions denying the use of physical restraints, the necessary devices were found on-site. Instances of physical restraint were sometimes poorly documented. 91 Further issues were associated with the placement of individuals in intensive observation rooms. Reports highlighted that these rooms frequently lacked clocks, preventing patients from tracking their time there. Additionally, in some institutions, a general nurse’s phone call prompted a psychiatrist to order placement in an observation room, and in one case, the room was not entirely safe for agitated individuals 92 . Commission for Monitoring the Rights of Persons with Disabilities under the Office of the Equal Opportunities Ombudsperson. The Commission’s task is to monitor the implementation of the United Nations Convention on the Rights of Persons with Disabilities (hereinafter referred to as “the Convention”). 93 The Commission monitors the implementation of the provisions of the Convention and of the Recommendations of the United Nations Committee on the Rights of Persons with Disabilities in accordance with the plan of activities adopted by the Commission each year; makes recommendations to the various institutions of the Republic of Lithuania, other natural and legal persons on the implementation of the provisions of the Convention and the Recommendations; prepares an annual report of its activity; draws up monitoring reports on the implementation of the provisions of the Convention at least every two years; submits to the United Nations Committee on the Rights of Persons with Disabilities independent monitoring reports on the implementation of the provisions of the Convention. However, the Commission does not have the power to conduct visits to institutions and thus does not have a direct influence on the situation in particular institutions. 89 Lithuanian Seimas Ombudspersons’ Office ‘Ataskaita dėl žmogaus teisių padėties Aknystos socialinės globos namuose’ (The report on human rights situation in Aknysta social care institution), No. NKP–2020/1–3, 22 September 2020, , accessed 20 August 2024, pp. 26-27. 90 Lithuanian Seimas Ombudspersons’ Office ‘Ataskaita dėl žmogaus teisių padėties Macikų socialinės globos namuose’ (The report on human rights situation in Macikai social care institution), No. NKP–2020/1–4, 16 October 2020, accessed 20 August 2024. 91 Lithuanian Seimas Ombudspersons’ Office ‘Ataskaita dėl žmogaus teisių padėties Macikų socialinės globos namuose’ (The report on human rights situation in Macikai social care institution), No. NKP–2020/1–4, 16 October 2020, accessed 20 August 2024. 92 Ibid. 93 Lietuvos Respublikos lygių galimybių įstatymas (Law on Equal Opportunities of the Republic of Lithuania), Valstybės žinios, 2003, Nr. 114–5115, Art. 15 1 .

95