Searches of people presenting to psychiatric hospitals, although not regulated by law, have become the norm in many medical facilities. According to information reaching the Ombudsman's Office, this is a common practice, which medical entities justify by the need to ensure security in the wards.
Searches in psychiatric hospitals: Common practice despite lack of regulation
Published Aug. 13, 2024 08:11
Current regulations provide for the possibility of taking away items from a patient that may pose a threat to his life or health only in situations where direct coercion is used. This follows from Article 18a (2) of the Mental Health Law of August 19, 1994. However, the reality in psychiatric hospitals shows that searches are practiced much more frequently and without a clear legal basis.
Violations of patients' rights
Patient searches in psychiatric hospitals, in the absence of clear legal regulations, raise serious questions from the perspective of human rights protection. These practices can be seen as violations of patients' rights to privacy and personal freedom, and put medical personnel in a difficult position, forcing them to act on the edge of the law.
Response from the Office of the RPO
In response to numerous complaints, both from patients and medical facilities, the Ombudsman has asked the Health Ministry whether the ministry recognizes the problem and whether it plans to take legislative steps to regulate the issue. The director of the BRPO's Administrative and Economic Law Team, Piotr Mierzejewski, sent an official letter to the director of the MZ Public Health Department, Joanna Glazewska, asking for the Ministry's position on the issue.
Need for Legislative Change
The RPO's office stresses that the current situation requires legislative intervention so that both patients and medical personnel can function in conditions that ensure safety, but at the same time comply with constitutional requirements. Regulating this issue in a clear and unambiguous manner is necessary to avoid further violations of patients' rights and to ensure that medical personnel have clear guidelines regarding their duties and powers.
Source: RPO
