CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ RESTRICTIONS OF PERSONAL FREEDOM IN THE CONTEXT OF PSYCHIATRIC CARE … classified certain practices carried out in psychiatric facilities as one of human rights concerns relevant in the Czech Republic. The CAT identified three problems in this area: the first one is associated with the widespread institutionalization of psychiatric and intellectually disabled patients, and the other two problems, which we will discuss below, are connected to the use of means of restraint. The CAT is therefore concerned about a frequent placement of persons with intellectual or psychosocial disabilities in social, medical and psychiatric institutions without their informed and free consent. 36 The CAT recommends that the Czech Republic should ensure a speedy process of deinstitutionalization of psychiatric, health, social and other services for adults and children with intellectual or psychosocial disabilities to more community-based services and/or affordable housing. In order to fulfil this goal, appropriate funding should be allocated for the implementation of the national plan on the institutional transformation in the meaning of deinstitutionalization. Furthermore, the State should establish close supervision and monitoring by judicial organs of any placement in institutions of persons with intellectual or psychosocial disabilities, which needs to be accompanied by appropriate legal safeguards and visits by independent monitoring bodies. Institutionalization and treatment of psychiatric patients and persons with intellectual and psychosocial disabilities should be based on their free and informed consent provided after being informed in advance about the intended treatment. 37 3.2 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Report Involuntary placement of patients in psychiatric establishments was also criticised in the CPT’s latest Report regarding the Czech Republic based on a visit carried out in 2014 (hereinafter “ CPT Report ”) from 31 March 2015. 38 The CPT Report praises newly enacted legislation regarding thematter, especially the Act on health services, Act No. 373/2011Coll., on specific health services, and Act No. 292/2013 Coll., on specific court proceedings. It also welcomed the Ministry of Health strategy document on a comprehensive reform of the provision of psychiatric care from 2013. 39 The CPT explicitly recommends that large- capacity establishments be replaced with smaller institutions. 40 The delegation visited Kosmonosy Psychiatric Hospital and found no indications of ill- treatment of patients by staff. On the contrary, many patients appreciated the “caring attitude” 36 Ibid ., p. 139. 37 United Nations Committee against Torture. Report of the Committee against Torture, Forty-seventh session 31 October – 25 November 2011, Forty-eight session 7 May – 1 June 2012, p. 139 . accessed 28 April 2017. 38 Council of Europe. Report to the Czech Government on the visit to the Czech Republic carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 1 to 10 April 2014. accessed 28 April 2017. 39 Available in Czech language at: accessed 28 April 2017. 40 Council of Europe. Report to the Czech Government on the visit to the Czech Republic carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 1 to 10 April 2014. accessed 28 April 2017.

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