25
Selected topics from 2017
where a person’s autonomy is already limited, the
European Court of Human Rights (ECtHR) takes a strict
view of measures that further limit people’s autonomy.4
The implementation of segregation measures that
provide so little opportunity for human contact that
they, in practice, constitute isolation pose a high risk
of inhuman and degrading treatment. Human rights
standards in mental health care stipulate that isolation
cannot be regarded as a therapeutic measure, but only
a coercive measure.5 Coercive measures must only be
used as a last resort and if they are the only way of
preventing patients from inflicting harm to themselves
or others. The UN Convention on the Rights of Persons
with Disabilities has recommended that member
states discontinue the use of isolation in legislation
and in practice.
The scope of segregation
The use of segregation was extensive in a number
of the hospital departments visited by the NPM.
Segregation appeared to be an integral part of the
treatment regime at some of them, in that a large
proportion of the available beds were in segregation
units. At one hospital, the number of beds in the
segregation units accounted for almost 30 per cent of
all beds. Such a high proportion of segregation beds
in itself entails a risk that the threshold may be low for
using segregation.
It was consistently found that the grounds for administrative decisions on segregation were inadequately
documented. The grounds given for segregation being
considered necessary were often not sufficiently
detailed, and the inadequate grounds also made it difficult for patients to have the administrative decisions
reviewed in connection with complaints. The review
showed that the administrative decisions often made
reference to agitated behaviour, treatment purposes
etc., without this being linked to concrete incidents or
circumstances. A number of patients were subject to
segregation to prevent them from embarrassing themselves in relation to the other patients, often referred
to as ‘bringing shame on themselves'. Given that the
patients were committed, there often appeared to be
a low threshold for acceptable behaviour. Unlawful
measures were also identified, such as the routine
segregation of substance abuse patients without
individual assessments. Other measures, such as the
segregation of voluntarily admitted patients in cases
where it was not documented that the patient had been
informed about their right to discharge themselves,
is also problematic. In a number of decisions, no
reference was made to whether segregation was
implemented as a treatment measure in the interest
of the patient or out of consideration for other patients.
The findings make it clear that segregation is a difficult
mix of use of force and treatment. The fact that there
were restraint beds in several of the segregation units
visited reinforced the impression of segregation being
a coercive measure.
Physical conditions in the segregation units
Segregation measures were often implemented in
dedicated segregation units. They consistently had
a sterile feel, and the staff and patients at several of
the units visited referred to them as being prison-like.
The patient rooms were generally painted white with
no decoration or pictures on the walls. The rooms
had no furnishing apart from a bed and sometimes a
table and a chair. It is not clear why all the rooms are
furnished with a minimum of furniture and sensory
impressions. Recent research does not support the
assumption that segregation rooms with a minimum
of furnishing reduces mental symptoms or violent
4 Munjaz v United Kingdom, Application no. 2913/06, 17 July 2012, section 80: ‘...when a person’s personal autonomy is already
restricted, greater scrutiny [will] be given to measures which remove the little personal autonomy that is left.’
5 CPT, ‘Means of restraint in psychiatric establishments for adults (Revised CPT Standards)’ 21 March 2017, page 2. Also see the
recommendation of the Council of Europe’s Committee of Ministers, Rec (2004) 10, Article 27 no 1: ‘Seclusion and restraints
should only be used (...) to prevent imminent harm to the person concerned or others, and in proportion to the risk entailed.’ In an
international context, ‘seclusion’ mainly appears to mean that the patient is locked in a room alone.
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