hours at fixed times in order to make it easier for
patients to initiate contact. The necessary
contact details should be displayed in the wards
so that they are clearly visible to patients.
Furthermore, complaints should be recorded
centrally and evaluated on a regular basis. This
makes it possible to detect recurring issues and
implement counter-measures if necessary.
on patients’ mental health – particularly if they
94
have no way of keeping themselves occupied.
Physical restraint
At one general psychiatric clinic visited by the
National Agency, it was observed that a patient
had been physically restrained in a bed on the
corridor of one of the wards. Without a partition
wall to shield them from view, the patient was
visible to passers-by.
6.2.2 – Outdoor exercise
In the child and youth psychiatric clinic visited
by the National Agency, it was not guaranteed
that patients could exercise outdoors every day.
Even in prisons, it is a legal requirement that
each person must have the opportunity to spend
at least one hour per day outdoors and be able to
exercise there. For children and juveniles, the
ability to exercise outdoors should be guaranteed
to an even greater extent. Outdoor exercise has
unique health benefits that cannot be replicated
93
by any other measure , and it is crucial to the
development of young people. In similar
facilities, outdoor exercise is made possible via a
secure outdoor area.
In the view of the National Agency,
accommodating patients under physical
restraint in this way constitutes a violation of
human dignity that must be avoided. Patients
under physical restraint should be protected
from view and, as a matter of principle, should be
accommodated in a room.
In some cases, patients under physical restraint
were only checked at specific intervals. This
meant that the possibility of personal contact
was not available at all times.
According to the Federal Constitutional
Court’s judgment of 24 July 2018, the application
of physical restraint constitutes a serious
interference with the right to freedom of the
person (Article 2 (2) sentence 2 in conjunction
with Article 104 of the Basic Law) and poses a
95
serious risk of injury. Thus, any restrictions to
this right may only take place on the basis of a
formal law that is sufficiently precise and takes
sufficient account of the principle of
96
proportionality. The measure must be ordered
by a doctor and requires monitoring.
Furthermore, it must be ensured that one-onone supervision is provided by therapeutic
97
personnel or care staff. For any physical
restraint applied for more than just a short
98
period of time, a court decision is required.
The measure is to be documented
99
comprehensively.
The person concerned
should be informed after the measure of the
6.2.3 – Deprivation of liberty
Segregation
In forensic psychiatric clinics, patients can be
segregated from the wider community during
crisis situations. According to one forensic
psychiatric clinic, segregation periods lasted up
to one year in some cases. Such lengthy periods
of segregation represent a huge interference with
an individual’s rights of personality and are
unacceptable from a human rights perspective.
They should be limited to the shortest possible
period of time. Segregation must be closely
monitored in order to bring about a relaxation of
the measure as soon as possible. Steps should
therefore be taken to enable a reduction in the
duration of segregation.
Insufficient social contact and constant
isolation can have a significant negative impact
94
Weyers/Siegrist, “Soziale Beziehungen und Gesundheit,
Impulse für Gesundheitsförderung”, 4th. quarter, 2011, LVG für
Gesundheit und Akademie für Sozialmedizin Niedersachsen
e.V. (ed.), p. 2-3
95
Federal Constitutional Court, judgment of 24/07/2018, file
no.: 2 BvR 309/15, 2 BvR 502/16, margin no. 83
96
Ibid., margin no. 76 et seq.
97
Ibid., margin no. 83
98
Ibid., margin no. 69
99
Ibid., margin no. 84
93
Arloth/Krä, "StVollzG-Kommentar” [Commentary on the
Prison Act], 4th Edition, section 64 of the Prison Act,
margin no. 1
72
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