National Preventive Mechanism Use of net beds prohibited as at 1 January 2015 In July 2014, taking into consideration the protection of human dignity and the obligations of the Republic of Austria under international law, the Federal Ministry of Health, as mutually agreed with the Federal Ministry of Justice, issued a decree to all Governors that the use of psychiatric intensive beds (net beds) as well as other “cage-type beds” no longer corresponds to European standards and is therefore not permitted. In light of the necessary concomitant measures, the operators of medical facilities and nursing and group homes were given a one-year transition period until 1 July 2015, based on the Hospitalisation of Mentally Ill Persons Act and the Nursing and Residential Homes Residence Act. Concomitant measures necessary In this regard the NPM wishes to emphasise that indeed a number of concomitant measures are necessary during the transition period in order to prevent net beds from simply being replaced by an increased use of mechanical restraints. Only one approach that ensures that alternative solutions are found to the greatest extent possible conforms to human rights principles. To this end, it is unavoidable to increase de-escalation measures and to review the current staff headcount. The Vienna Association of Hospitals has set up a multi-disciplinary working group consisting of medical and non-medical experts that is supposed to develop strategies for replacing net beds and drive the implementation of these strategies forward. As a reaction to this decree, the University Clinic for Psychiatry in Graz ceased the use of net beds. The NPM will now carefully watch whether this decree by the Federal Ministry of Health will be complied with in other facilities in a timely manner. ¾¾ When the use of net beds is discontinued, alternatives to measures restricting freedom must be considered and realised. Private security companies In accordance with observations made by the commissions, the NPM Report 2013 (pp. 39 et seq.) critically reflected that private security companies are under contract and are part of the everyday operation of some psychiatric medical facilities and are also used to help with patients. Such findings were also made by the commissions in 2014; the justification for this is frequently the lack of resources and the necessary protection of staff from violence in psychiatric settings. Humane care and treatment of persons suffering from psychiatric ailments is a highly sensitive area due to possible intense intrusion into fundamental human rights. Nevertheless, possibilities and limits of the use of private security companies’ services not only in the protection of buildings but also in fields of activity that are normally staffed 94