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 126

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