Recent report finds appalling human rights violations in Romanian care institutions

The Centre for Legal Resources (CLR) published a Summary Report based on monitoring visits to Romanian residential centres for persons with disabilities, conducted together with experts between October 2013 and March 2014

According to Protocols signed by CLR and the Romanian Ministry of Health and the Ministry of Labour, Family, Social Protection and the Elderly, institutions can be subjected to unannounced visits by the CLR with the purpose of assessing living conditions and the wellbeing of residents. CLR’s findings present widespread cases of abuse, torture, misuse of European structural funds and governmental and state apathy with regard to protecting and promoting the rights of people with disabilities.

In violation of the above-mentioned Protocols, CLR’s immediate access to the institutions in question was delayed, restricted or hindered, making fair and accurate reporting of facts difficult. Nevertheless, a serious array of problems was detected in all centres visited, problems such as: denial of access to justice, lack of legal representation, torture and maltreatment, malnourishment, failure to investigate death, inadequate living and rehabilitation conditions and lack of access to medical assistance.

In addition to poor record-keeping and handling of patients’ files, centres failed to provide patients with the possibility to submit complaints. Residents did not have access to information regarding their rights, nor to the addresses of governmental or civic bodies which could be contacted for external assistance. Paradoxically, the explanation given was that nobody ever intended to submit a complaint, so that no form of record-keeping was necessary. Furthermore, in direct violation of Romanian law, the patients’ legal representatives were usually staff members of the institutions they inhabited, creating a clear conflict of interest.

The most extensive human rights infringements observed were those of torture, inhuman and degrading treatment. These spanned from insalubrious accommodation and facilities to physical and verbal violence, forceful prolonged restraint, and deprival of human contact, medical assistance, food or adequate living conditions (such as appropriate clothing, beds, access to warm water etc.). The most flagrant cases of such abuse were observed at the Home for Elderly and Adolescents in Aldeni, Buzau County. Another alarm signal was raised by the institutions’ failure to properly account for patients’ deaths, as their records were found to be unclear and patients were buried without a medical certificate or prior autopsy. Furthermore, legal authorities who should investigate such deaths were rarely involved.

Apart from pointing out multiple instances of failures to protect and respect the rights of people with disabilities, the report also offers recommendations meant to resolve the issues the Romanian system is facing. Firstly, governing authorities must prevent any further abuse of people with disabilities and promote transition from institutional care to community living. Furthermore, CLR believes it is imperative for the Romanian state to create a national independent monitoring mechanism for the prevention of torture. CLR also holds that Romania should stop allocating European structural funds for the modernisation and reconstruction of existing care centres. Instead, CLR advises that European funding should be invested into community living and social inclusion of people with disabilities.

If you are interested in reading the entire report, you can find it here.