states that the human dignity of persons with mental illnesses must be
protected and maintained in all circumstances. The NPM calls for
compliance with this obligation that is also an explicit standard in
Austria.
The CPT has recently emphasised that a central register to record
measures that restrict freedom is a prerequisite to and an integral
component of an effective and systematic prevention strategy to reduce
measures that restrict freedom, the results of which can then be
measured and compared better by the clinics. The entries in such
registers should contain the following information: the beginning and
the end of the measure, the circumstances of the case, why the
measure was used, the name of the doctor who ordered or approved it,
the staff members who were involved in implementing the measure and
a description of any injuries that the patient or the staff incurred.
Register for measures
that restrict freedom
The set-up of a central register with the information requested in the CPT
report is not provided for in the Hospitalisation Act. During their visits,
the commissions observed that such central registers have, for the most
part, not been set up in hospitals despite the efforts made by the NPM
and others. The reasons provided for this are privacy and data
protection concerns but also additional IT costs. For the NPM it is of
course beyond dispute that these data would be anonymised and
recorded in a way that cannot be traced back to or identified with the
actual persons involved. The Federal Ministry of Health has announced
additional discussions with all hospital owners/operators.
If the “deadlock” continues, it should be contemplated to compel the
hospitals by way of a legislative amendment of the Hospitalisation Act
to set up an appropriate register within a reasonable period of time.
The NPM already critically addressed the unsatisfactory situation of child
and adolescent psychiatry in Austria in the Annual Report 2014 (see
NPM report 2014, p. 46 et seq.). The commissions determined
furthermore that, due to the existing lack of medical specialists and
insufficient capacity, children and adolescents are being treated and
placed in adult psychiatric wards. This is a violation of preventive human
rights and professional standards both with regard to case law and in
the opinion of the CPT.
Child and adolescent
psychiatry
Accordingly, the CPT has strongly demanded in its current report that
alternative solutions are necessary in order to avoid housing juvenile
psychiatric patients together with adult patients in psychiatric facilities
across Austria.
The already existing lack of medical specialists is being additionally
aggravated by the necessity of implementing the new regulations on
working hours for doctors in hospitals. This results in more and more
bottlenecks in psychiatric care, which is well demonstrated for example
in Vienna by the fact that sometimes no doctor is on call during night
48
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