National Preventive Mechanism
patients together with adults in psychiatric institutions must be avoided, on
the basis of preventive human rights and professional standards.
The urgency of this care in a dedicated child and adolescent psychiatry
ward can also be derived from the United Nations Convention on the Rights
of the Child, the Federal Constitutional Act on the Rights of Children (BVG
Kinderrechte) and the Patient Charter, because adult psychiatry has neither
the necessary resources nor the specially trained personnel for the care of
mentally ill minors.
Under this aspect, structural improvements in the field of child and adolescent
psychiatry are urgently required as well.
Increase in the number
of training places
urgently required
Efforts in the area of training for medical experts on child and adolescent
psychiatry must be clearly intensified in order to meet the rising demand as
part of the necessary expansion of the range of treatments in the outpatient
and inpatient area. The training regulations in relation to child and adolescent
psychiatry as a subject affected by scarcity of teaching staff were recently
further relaxed in Section 37 of the Regulation on Education and Training
for Medical Practitioners 2015. However, the goal of the regulation governing
such subjects can only be achieved if all of the training authorisations and
places are actually filled and financed.
XX
The bed capacities in child and adolescent psychiatry must be increased quickly in order to
facilitate adequate care for children and adolescents.
XX
Strengthening of the outpatient and day-care clinic structures as well as the creation of
positions for medical specialists contracted by the public health insurance are urgently
required.
XX
The necessary increase in the services offered is to be supported by an increase and prompt
filling of open training places in the area of child and adolescent psychiatry.
5.2.3
Care measures by
security companies
impermissible
Questionable use of security companies
As early as April 2014 the Human Rights Advisory Council found that only
personnel with medical and nursing training can be involved in care measures.
This is derived from the laws on the health care professions and, in particular,
from every patient’s right to respectful and considerate treatment and care.
In a fundamental decision made in September 2014, the Supreme Court
confirmed this opinion and stated that holding a patient down prior to a fourpoint restraint forms part of psychiatric health care and nursing, and can thus
only be performed by the care staff. Security companies are thus – even when
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