NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2016
26
The European Committee for the Prevention of Torture (CPT) has pointed out:
‘It should be acknowledged that resort to restraint measures appears to be substantially
influenced by non-clinical factors such as staff perceptions of their role and patients’
awareness of their rights. Comparative studies have shown that the frequency of use of
restraint, including seclusion, is a function not only of staffing levels, diagnoses of patients or
material conditions on the ward, but also of the ‘culture and attitudes’ of hospital staff.' 6
A perception that staff will be held accountable for
abusive practices, on the other hand, has a strong
socialising effect in the positive direction.
Institutional culture and management as a protective factor
An institutional culture marked by openness, reflection on own practice, accountability, participation by
those deprived of their liberty and a good working
environment will be important protective factors for
the detainees.
The management is responsible for ensuring that
its institution’s social identity and culture supports
compliance with fundamental rights such respect
for dignity and patient safety. Staff perception of
the management's acceptance or engagement will
reinforce the culture. Addressing the needs of staff
will also be important in this work. Secure employees
who feel they are looked after, seen and respected
are important for ensuring a protective institutional
culture. It is also important that staff receive follow-up
if serious incidents occur at work, or if anyone is
injured during working hours.
In order to counteract the risk of ill-treatment, it is very
important that institutions where people are deprived
of their liberty actively promote values, attitudes and
a shared culture that are in accordance with the right
to be treated humanely and with dignity.7
6 The European Committee for the Prevention of Torture (CPT), CPT standards, CPT/Inf/E (2002) 1 - Rev. 2015 English,
page 68, paragraph 54.
7 The UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Article 10.
See also the Scottish Human Rights Commission (2009): Human Rights in a Health Care Setting: Making it Work for Everyone.
An evaluation of a human rights-based approach at the State Hospital.
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