National Preventive Mechanism
Debriefing is not currently widespread and there is no evidence in the patient
history to indicate that this is performed. After many interviews with psychiatry
patients who confided in commissions and deplored the unwillingness to
speak after traumatising experiences, the NPM is convinced that the necessity
to explain, justify and support coercive measures as well as the confrontation
with such experiences are vital. Conducting interviews like these on equal
footing and dealing with the experiences of mentally ill patients in a respectful
manner not only reinforces the self-esteem of the patients and their compliance
in availing of psychiatric care services, it also supports questioning internal
organisational processes and methods.
The NPM dealt with the problem of sexual harassment of female patients by
personnel in Annual Report 2015 (see NPM Report 2015, p. 49 et seq.). At the
suggestion of the NPM, the Human Rights Advisory Council has deployed a
working group led by a representative of the Federal Ministry of Health and
Women’s Affairs to address this topic.
Sexual harassment by
hospital personnel
The Human Rights Advisory Council suggests that patients should receive
information material about contact persons (ombudsman, victim support
groups, patient advocates, etc.) during admission to a medical facility. In the
event of incidents inside the medical facility, the patient advocates pursuant
to the Hospitalisation of Mentally Ill Persons Act (Unterbringungsgesetz) or
the patient advocates of the Laender should be involved by the victim support
groups in order to guarantee an objective investigation of incidents. Personnel
should be sensitised to the problem in everyday work by distributing guidelines
and organising events (e.g. workshops). Furthermore, the existing supervision
offer should be used and a regular exchange of views be made available, as
it is important not to treat the topic of “sexuality” as off-limits in health care
professions.
A focal measure is the training and further education of those working in
health care professions to increase awareness in connection with subjects of
culture, tradition, closeness and distance. The training content should cover
the right balance between closeness and distance as well as the borders in the
relationship to patients. These issues often become important when dealing
with psychiatric patients. It is also necessary to define the term “sexual act“ in
training and further education programmes and, in so doing, to point out the
boundary between criminal and non-criminal infringements.
On the legislative level, a provision based on Section 4 of the Regulation on
Education and Training for Medical Practitioners (Ärzteausbildungsordnung)
2015 should be included in the training regulations for all health care
professions. This provision stipulates that, within the training framework, a
basic attitude and approach is imparted that respects the life, dignity and
basic rights of every person regardless of their nationality, ethnic group,
religion, skin colour, age, disability, gender, sexual orientation, language,
political views and social group. In particular, there must be sensitisation for
121
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents