Infringed right to health care

The deputy protector made recommendations to the Ministry regarding the protection of girls with special needs

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The girl was placed in the Special Hospital for a long time, Photo: Special Hospital for Psychiatry Kotor
The girl was placed in the Special Hospital for a long time, Photo: Special Hospital for Psychiatry Kotor
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The institution of the Protector of Human Rights and Freedoms recommended the Ministry of Labor and Social Welfare (MRSS) to provide expert support to the Center for Social Work in Budva in defining the appropriate form of protection for a girl who is a person with special needs.

Deputy protector Snezana Mijušković she also recommended to the MRSS that "in all future situations, with due care, it provides professional support to social and child protection institutions in order to define the best forms of protection in situations where the realization of the best interest of the user requires it".

In the mother's complaint, it is stated, among other things, that in the last two years the mental state of her 27-year-old daughter has greatly deteriorated, that she has shown aggressive behavior and that due to the unbearable family situation, she had to be hospitalized several times in the Special Hospital for Psychiatry "Dobrota ” in Kotor. It is added that she is in an unenviable position because her daughter is now not entitled to either "Dobrota" or "Komanski Most" and she is asking to be provided with at least a waiting list in one of the appropriate homes.

Among the established facts, it is stated that from "Komanski Most" they stated that placing a person in their institution is not in the interest of the girl, and that they believe that she should be treated as has been done so far in the competent psychiatric institution.

The Center for Social Work Budva previously wrote to the then Ministry of Finance and Social Welfare as well as the Institute for Social and Child Protection in order to get guidelines in solving the problem, but they did not receive an answer.

Among the established facts is that the mother did not apply to the Center for Social Work for placement in one of the old people's homes, and that they told her in the conversation that due to her age, it was not an adequate type of placement for such a young girl, as well as that they instructed her to apply for accommodation in an adequate institution in the region.

The supervision of the inspector of social and child protection was also carried out and that no basis was found for taking measures and actions from their competence in the action of the competent Center and that the procedure was suspended.

The deputy protector, after conducting the investigation and obtaining the documentation, notes that the authorities from the Center for Social Work and the Directorate for Inspection Affairs took measures and actions in accordance with legal and professional principles, but that at this moment, despite all the measures and actions taken, the girl "is not taken care of to an adequate health care facility that corresponds to her age and state of health, and that such treatment violated the right to health care and her best interests".

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