National Preventive Mechanism
protect on one hand and the existing treatment possibilities and available
resources on the other, more reflection and open discourse is needed about
perspectives and requirements of psychiatric treatments that give as much
room as possible to – or even expand – the autonomy and freedom of
persons with mental disorders. Solely adequate numbers of well trained and
confident staff can if not prevent then at least reduce the development of
aggression within a system and deal professionally and competently (while
applying techniques to de-escalate tensions) with agitated and aggressive
patients and protect themselves at the same time.
Much too little is being invested in Austria in the development, research
and use of preventive measures and alternatives to coercive treatment.
Operators of hospitals and psychiatric institutions must ensure – as far
as personnel, concept and organisation are concerned – that there be as
many graduated response possibilities with regard to intervention intensity
as possible before coercive measures are used. The guiding criteria for
professional action must be the principles of voluntary action, (assisted) selfdetermination, participative decision-making as well as intensive care and
occupational activity – if necessary during acute crises at a ratio of 1:1. This
requires resources, patience and personal attention, equal footing between
staff and patient, respectful attitude vis-à-vis individual life patterns, as well
as ongoing qualification of staff in dealing with crisis situations, violence
and aggression. De-escalation can take place at various different levels. It
begins with prevention of aggression, in a conversation that seeks to calm
an agitated patient and then ranging from conflict resolution without losers
to restraints, which must be used with the least invasive impact on the
patient while maintaining the patient’s dignity. This is what the principle of
proportionality under the Federal Constitution requires, according to which
sovereign acts by the state in order to achieve an overriding goal in the
public interest must be suitable, necessary and reasonable for those impacted
by them. Any coercive measure is excessive if a milder directive that is just
as suitable is sufficient to achieve the desired level of success. Interference
with the right to personal freedom and other personal rights may not be
more dramatic than is necessary with regard to substance, space, time and
personnel.
Multi-dimensional
prevention of violence
neglected
The fact that criticisms with reference to human rights have up to now not
been systematically taken as an opportunity by operators of hospitals and
medical facilities to implement a number of relevant recommendations by
the CPT, which the NPM has repeatedly pointed out, is cause for concern
and must remain on the NPM’s radar. In day-to-day psychiatric care in most
Austrian clinics, it is, for example, unfortunately not customary that patients
be supervised 1:1 “constantly, directly and personally” after they have been
restrained as the CPT has been demanding for years. This intensive care
must not be understood as a purely supervisory measure because it also
offers a high degree of therapeutic potential; video monitoring systems and
CPT recommendations
requiring more
resources not
implemented
89
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