freedom and occasionally also assisting in nursing and care tasks.
Subsequently, the Supreme Court also did not approve of these
practices. Private security companies are neither entitled nor authorised
to participate in attaching restraints, even on the orders of the attending
hospital staff. The Supreme Court also qualified all measures requiring
close body contact to patients, for example, holding them in order to
prevent them from leaving the ward, as prohibited.
security services
Upper Austria and Vienna have provided the NPM with written
assurances that case law will be taken into account; they have also
taken the necessary measures. The Standard Operating Procedure in
Otto Wagner Hospital has also been revised in this regard. Commission
4 was informed that this hospital is considering setting up a specially
trained, in-house nursing care crisis team to replace private security
company services. This would further reduce the necessity of deploying
private security personnel in the wards. This model is favoured by the
employees of the psychiatric hospital; it was explicitly endorsed by the
NPM in advance of the decision-making process.
After a visit over several days in fall 2014, the European Committee for
the Prevention of Torture (CPT) gave recommendations in the field of
psychiatry in its report to the Federal Government (CPT/Inf [2015] 34) –
as it had done already in 2009. The NPM does not only support
these recommendations, but considers them absolutely essential. It
believes that there are still reservations and opposition to these
recommendations due to the associated additional costs.
CPT recommendations
2015
For example, the CPT repeated that restrained patients must be
continuously and directly supervised in the form of a permanent and
direct supervision by a member of the medical staff. The direct
interpersonal contact with patients is intended to calm them down and
to reduce feelings of fear. Such assistance can consist of, for example,
accompanying patients to the toilet or helping them drink or eat despite
being restrained. In the opinion of the CPT, it is therefore not sufficient to
depend exclusively on monitoring cameras.
Permanent and direct
supervision when
patients are
restrained
The commissions found that this recommendation by the CPT is largely
not being followed and that insufficient personnel resources are given
as the reason. The NPM cannot accept the non-compliance with the
protection of human dignity in a coercive context that is required in
accordance with human rights.
In this respect it must be emphasised that the practice observed by the
commissions of caring for patients in beds set up in hallways and the
visibility of means of restraint are a glaring violation of human rights
standards and not acceptable. It is intolerable for patients that they can
be observed by an uninvolved third-party while they are restrained,
which de facto cannot be avoided, specifically when beds are placed in
hallways. Underlying capacity constraints are also a clear violation of
Section 1 (1) of the Hospitalisation of Mentally Ill Persons Act, which
Beds in the hallways
and visible restraints
47
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