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Under Commissioner for human rights in the Russian Federation Tatiana Moskalkova will create the service for the protection of the rights of patients in psychiatric institutions. About the Ombudsman said the “Izvestia”.
— The main task — monitoring of psychiatric institutions, — said Tatyana Moskalkova. — It should include people with special knowledge in psychiatry and human rights. This work can be recruited and the organization of the public monitoring commissions (PMCS, inspect the rights of such persons. — “News”).
According to the Commissioner, the service should be independent from the Ministry of health and consist of professionals whose main goal should be monitoring of institutions where persons suffering from mental illness people.
Now that a principled decision on the establishment of the service under the Commissioner adopted, will determine whether a special unit created within the office of the Commissioner or at the office, said the Ombudsman. In addition, it will be necessary to amend the laws on Ombudsman and on psychiatric care.
— It is assumed that if such a law is passed, it will enter into force in 2019, said Tatyana Moskalkova. — It will be necessary to calculate the financing, staffing, to determine the functionality.
The provision of service for the protection of patients ‘ rights is in article 38 as adopted in 1992 law “On psychiatric care and guarantees of citizens ‘rights in its provision”. It says that “they protect the rights of patients in psychiatric hospitals who take their complaints and statements that resolve with the administration of the given psychiatric institution or sent depending on their nature in the bodies of representative and Executive authorities, the Prosecutor or the court.”
However, over the past 25 years, this service was never created. Still there is no law or regulations governing his work. As a result, today there are bodies that protect the rights of women, children, prisoners and other categories of citizens. But suffering from serious illnesses people are completely dependent on the administration of hospitals, which in fact anyone other than direct superiors are not accountable and has within the walls of institutions of absolute power. Complaining patients no one, and many are simply unable to do that.
A few years ago, Deputy Prime Minister Olga Golodets instructed to resolve this issue. However, the case stalled at the stage of negotiation, when a service needs to be created. One year it was a question of will it work under the Commissioner or in the Public chamber. The previous Ombudsman Ella Panfilova this offer was refused. And replaced it in April of this year Tatyana Moskalkova gave last week his consent.
— In the Federation Council a question was raised to create the service under the auspices of the Commissioner for human rights, — said Tatiana Moskalkova. — We with colleagues from the office held an internal meeting. Long weighed, as we will be able to do this job, how it fits in with the law on the Commissioner for human rights. And we came to the conclusion that, probably, it would be the most optimal from the point of view of protection of rights and interests of the individual.
The service will protect not only the rights of patients in psychiatric hospitals. About 150 thousand Russians live in psycho-neurological boarding schools subordinated to the Ministry of labor. Technically, this is not medical clinics, and social services agencies. But the conditions there no better. The hotel also offers a STUMPS is not always suffer from mental illness — there, as a rule, straight fall the orphanage graduates with disabilities and the elderly who have been abandoned by relatives. It happens that the relatives seek recognition of the person incapacitated and sent to the orphanage to get his housing.
On Monday, the Federation Council will host a roundtable which will discuss the situation of patients in psychiatric hospitals and residents STUMPS. In particular, the senators and representatives of public organizations will consider the bill on guardianship and custody (full name — “On amendments to certain legislative acts of the Russian Federation in order to improve guarantees of the exercise of the rights and freedoms of disabled and not fully capable citizens”). This summer he was accepted in the first reading. The document contained a number of provisions designed to facilitate the lives of those who are faced with this system.
One of the bill’s authors, state Secretary of the Federal chamber of advocates, member of the Council on guardianship in the social sphere by Deputy Prime Minister Olga Golodets Konstantin Dobrynin explained that the document restricts the ability of physicians to limit the rights of citizens in psychiatric hospitals and boarding schools, and prohibits forcibly keep them in the STUMPS. In addition, the law introduces the concept of “partial guardianship” when a function is “partial” guardian apply only to some spheres of life of the ward. And also allowed to have multiple guardians. On these amendments, said Dobrynin, Council for guardianship and legislators worked for many years.
— If a person came to the orphanage, the guardianship function takes the boarding school, and no one else has the right to intervene in the life of the ward. It is proposed as a mandatory assignment is a partial coguardian, — told “Izvestia” Konstantin Dobrynin.
First Deputy Chairman of the Federation Council Committee on social policy Lyudmila Kononova, one of the authors of the law on guardianship, explained “Izvestia” that will be with colleagues to recommend approval of the second reading in the spring session. But final approval, according to the Senator, should be postponed until the entry into force of the law “On the service for the protection of patients ‘rights” to both acts have earned at the same time.
The Senator stressed that many volunteers want to work in PNI, but they are not allowed.
— Moreover, not allowed to even relatives. The mother of an adult incapacitated person cannot come to him to KICK, pick, walk with him. This can be done only with the permission of the administration. It is necessary that this system has ceased to be such a closed — said Kononov.