-
the systematic placement in solitary confinement of prisoners admitted to a mental
health institution because of their criminal status must cease;
-
solitary confinement and restraint measures must be documented and their traceability
ensured at local, regional and national level;
-
patients must be informed in advance of measures taken in their regard, of the possibility
of naming someone to be notified and the means for appealing against said measures;
-
the "medical decision" required by the law must include the opinion of the nursing staff,
the grounds for the adapted nature of the measure and the fact that it is a last -resort
measure, the measures to be taken to "bring the measure to a close as soon as possible"
and the risk-benefit analysis;
-
no decision regarding physical restraint can be taken in anticipation or with the
indication "when necessary";
-
the measure must last for the shortest time possible, once the crisis has passed it must
end and under no circumstances must it be extended without a new decision, which
must also be justified, for more than 24 hours for solitary confinement and for more
than 12 hours for restraint;
-
it must be subject to monitoring and surveillance with a mandatory somatic examination,
appropriate nursing staff in attendance, a twice-daily medical checkup, releases and
interviews;
-
use of restraint and solitary confinement must be assessed at national and regional level
as well as within institutions, where the institution's medical commission must be
involved, and the measures taken must be reviewed systematically with the involvement
of third parties and enabling the implications regarding patient-carer relations to be
analysed;
-
the judicial authority and Département-level Commission for Psychiatric Treatment must
be informed monthly of the measures taken;
-
the physical conditions of solitary confinement must be appropriate (access to fresh air,
water and washing facilities, suitable bedding and furniture), alarms must be available,
CCTV cameras are prohibited and visits must be possible;
-
the fire safety services must be informed in real time of any placement in solitary
confinement and any use of restraint, but must not assume the role of assistants for
managing care delivery;
-
medical research and training must be developed.
In order to guarantee the effectiveness of the policy aimed at limiting the use of solitary
confinement and restraint introduced by Article 72 of the Act of 26 January 2016, under the
conditions set out in the CGLPL's report on solitary confinement and restraint in mental
health institutions carry out traceability measures bearing on solitary confinement and
restraint, inform patients of their rights, formally document medical decisions for using
solitary confinement and restraint, set up a protocol for the monitoring and surveillance of
these measures, perform a local, regional and national assessment of their use and set up a
procedure for informing the judicial authorities and Département-level Commission for
Psychiatric Treatment. Develop medical research and training on these subjects. Inspect and
upgrade all premises and equipment used for carrying out solitary confinement and restraint
measures.
44
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents