MONITORING PSYCHIATRIC INSTITUTIONS
disabilities are found in many other places of deprivation of liberty
that were not discussed at the Symposium, including prisons, police
stations, homes for the elderly or orphanages.
Persons held in psychiatric institutions have a range of legal
statuses, as they can be placed following either criminal or civil
proceedings. In the first instance, the decision regarding placement
as part of the criminal justice system is decided by a judge and the
placement is involuntary. As part of the civil procedure, we find
persons whose placement is involuntary (a placement also called
“mandatory”, “forced” or “without consent”) and that, in some
countries, is ordered by a judicial authority or subject to judicial
review, as well as persons who have agreed to being placed in an
institution.
A shift from voluntary to involuntary placement is nonetheless
common, and in practice it is not unusual for individuals who have
been voluntarily placed not to be free to leave the establishment
and to be subject to the same conditions and measures restricting
their freedom (e.g. placement in closed units, seclusion) as
persons placed against their will. These so-called “volunteers” are
particularly at risk as they do not enjoy the same legal safeguards as
involuntary persons as they were initially placed in the institution on
a “voluntary” basis.
“By definition, everyone detained in a prison, police station or
an immigration detention centre is deprived of liberty. This is
not the case in a health-care setting or care home, even though
many patients or residents thought to be voluntary are not so in
reality.”
Catherine Paulet, member, SPT
The terminology used to refer to people who are institutionalised in
psychiatric hospitals varies enormously and includes: “persons with
mental disorders”, “persons with mental health problems��, “persons
with mental disabilities”, or “persons with psychosocial disabilities”.
In this report, we favour the use of terms such as “persons with
mental disabilities” or “persons with psychosocial disabilities” to
reflect the historical paradigm shift embodied by the CRPD which,
for the first time, enshrines in an international treaty the fact that
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