JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2016
result of an individual analysis to evaluate the need for such measures
on a case-by-case basis as part of each person’s treatment.
Autistic persons in psychiatric hospitals
It was noted that, in some settings, autistic persons who are
deprived of liberty are at particular risk and have all their
personal possessions removed as they are wrongly perceived
as being a danger to themselves and to others. Their difficulties
in communicating are perceived as a psychosocial disability
that justifies treatment without seeking to obtain their consent.
Despite the risk of violent behaviour initially being low, these
individuals have their freedom and privacy severely curtailed.
They perceive the deprivation of liberty and the treatment they
are given as a threat and this only exacerbates the problem.
Measures can escalate to include seclusion and restraint – a
direct result of a lack of understanding of the needs and
specific characteristics of these persons.
Evaluating treatment and the risks of overmedication
Drug treatment, and in particular overmedication and the
combination of different substances, pose serious risks to a person’s
integrity. Various monitoring bodies observed that, too often, the
treatment consists primarily in drug therapy, which is not tailored to
the individual, and that essential components of effective treatment
(such as therapeutic activities, including access to occupational
therapy, art, music or sport but also individual psychotherapy) are
rarely explored or completely absent. The situation, as noted by
the CPT, “can be the result of the absence of suitably qualified staff
and appropriate facilities or of a lingering philosophy based on the
custody of patients.” 15 Overmedication is therefore generally the
result of an institutional environment that does not aim to encourage
the person’s autonomy and capacity to make his/her own decisions.
It can constitute inhuman or degrading treatment and participants
stressed the harmful effects of an overdose of medication or drug
interaction. They also discussed the issue of clinical trials without
the consent of individuals, as well as the deaths potentially linked to
this research.
15
28
CPT Standards, §37.
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