Summary
Psychiatric institutions are places of deprivation of liberty, as defined
in Article 4 of the Optional Protocol to the UN Convention against
Torture (OPCAT), an international treaty adopted in 2002 that aims
to prevent torture by establishing a system of regular visits to places
of detention. These establishments therefore form an integral part
of the mandate of the detention monitoring bodies created under
the OPCAT: the Subcommittee on Prevention of Torture (SPT), an
international body, and the National Preventive Mechanisms (NPM),
national institutions that the States must establish when they ratify
the treaty.
On 6 and 7 September 2016, the APT gathered in Geneva NPM
representatives and international experts to explore the risk factors
and situations that might contribute to abuse committed against
persons deprived of liberty in psychiatric institutions, as well as
the means of preventing these abuses. Over the two days, the
participants tackled the following issues: international standards
on the deprivation of liberty of persons with mental disabilities,
involuntary treatment, seclusion and restraints (physical or
chemical), the respect for dignity and the right to privacy, the risks
of overmedication and the broader issue of deinstitutionalisation.
Deprivation of liberty in psychiatric institutions. In most countries,
a person may be forced into a psychiatric institution, particularly
if she/he is perceived to present a risk to her/his safety or that
of others. The international standards governing this matter vary
considerably and present a considerable challenge when developing
national public policies. Several international human rights bodies
(including the UN Human Rights Committee, UN Subcommittee
on Prevention of Torture, and the European Committee for the
Prevention of Torture) accept, as a measure of last resort, the
involuntary placement of persons with mental disabilities, subject
to the implementation of legal safeguards that prevent arbitrary
detention and include review procedures in cases of abuse. Article 14
of the UN Convention on the Rights of Persons with Disabilities
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