CAT/C/NOR/CO/8
(c)
About the lack of clarity on the frequency and circumstances surrounding the
use of coercive electroconvulsive treatment in different mental health care institutions and
the existence of geographical differences in the use of involuntary measures as well as the
absence of formal registration of involuntary forms of treatment and the notification of
patients about it in writing;
(d)
That involuntary administration of electroconvulsive treatment is governed
by guidelines and not formally adopted law;
(e)
About the lack of a requirement for an independent health-care professional
to give a second opinion;
(f)
That the implementation of the national strategy to increase the prevalence of
voluntary treatment in mental health services (2012–2015) has not led to a reduction in the
use of coercion (arts. 2, 11, 12, 13, 14 and 16).
22.
The Committee reiterates its recommendation (see CAT/C/NOR/CO/6-7, para.
14) that the State party:
(a)
Ensure that every competent patient, whether admitted voluntarily or
involuntarily, is fully informed about the treatment to be prescribed, including
shielding, and given the opportunity to refuse shielding, treatment or any other
medical interventions, such as the administration of neuroleptic drugs and
electroconvulsive treatment;
(b)
Promote psychiatric care aimed at preserving the dignity of patients,
both adults and minors, and continue its efforts to end the unjustified use of coercive
force, including by further amending legislation;
(c)
Employ coercive measures in mental health care only in compliance with
human rights standards and prescribe by law any derogations to the principle of free
and informed consent, which should only relate to clearly and strictly defined
exceptional circumstances;
(d)
Ensure that non-consensual coercive measures are formally registered
and patients are informed about them in writing;
(e)
Ensure that non-consensual psychiatric treatment, if applied at all, is
only used in exceptional cases as a measure of last resort, for the shortest possible
period of time and when absolutely necessary to protect the health or life of the person
concerned, only if he or she is unable to give consent and under independent review;
(f)
Provide clear and detailed regulations on the use of restraints, including
restraint beds, and other coercive methods in psychiatric institutions, with the aim of
substantially reducing their use and duration of use, and prevent geographical
differences in these indicators;
(g)
Establish clear and effective procedural safeguards for patients,
including provisions in law for assisted decision-making by proxy and effective
complaints mechanisms, and ensure patients’ effective access to legal advice, including
free legal aid, as well as obligatory information to patients about this right, for as long
as it is required, and that they are not subject to retribution by staff if they avail
themselves of complaints mechanisms;
(h)
Strengthen the regulatory framework and stipulate in law the
circumstances allowing for the limited use of coercive electroconvulsive treatment,
and establish a system for the collection and publication of uniform statistical
information on the use of restraints and other coercive methods, including
electroconvulsive treatment, which should be officially registered and subjected to
close scrutiny by the supervisory commissions;
(i)
Consider incorporating into law the abolition of the enforced
administration of intrusive and irreversible treatments, such as electroconvulsive
therapy;
6