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great deal of effort to avoid physical confines with
a strict security character, sterile surroundings and
locked doors. The premises were well maintained,
with appealing colours, very pleasant furnishings,
and a homely atmosphere.
The ward worked effectively on providing children
and adolescents with detailed information about
their rights, daily routines and the health treatment
offered. The findings indicated that children and
adolescents, to a significant degree, were listened
to and allowed to participate in deciding on matters
important to them. Strengthening the child’s right
to be heard and to take part in decisions affecting
it, is an important measure to ensure that children's
rights are safeguarded.
Complaints and supervision mechanisms that
safeguard children
Effective complaint and supervision mechanisms
are important in safeguarding children and
adolescents’ legal protections and to prevent
violations of their integrity .22 The Parliamentary
Ombudsman’s findings have shown that the
local control commissions, whose purpose is
to ensure children’s legal safeguards in mental
healthcare, lack a common approach to children
admitted to institutions, and that the practices of
some commissions are problematic in relation to
children’s legal protection. The findings indicate
that several control commissions have not
established practices for visiting the wards where
the patients are staying. This is problematic as
it implies that the commissions are not in direct
contact with the patients. It also increases the risk
that the commissions overlook deplorable condi
tions that can only be discovered through physical
inspections. The Ombudsman has concluded that
some control commissions have interpreted their
role too narrowly. For example, some commissions
have understood that it is outside of their scope of
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2020
work to criticise challenges related to the physical
construction of the hospital buildings.
Children under 16 years of age have weaker
complaint rights than adults; however, children over
12 years of age who disagree with their admission,
can complain to the Control Commission. Our
findings indicate that some institutions and control
commissions lack routines to establish whether
children agree or disagree with their admission.
At the same time, we have found examples of
supervisory mechanisms carrying out effective
supervision of the circumstances pertaining to
children. For example, a County Governor’s office
had for some time followed up one of the institu
tion’s practices for application of coercive meas
ures and segregation of children. A local Control
Commission had organised its work in a way that
made it easily accessible to children and adapted
to children’s needs. The Control Commission had
also contributed to positive changes in the ward’s
general routines.
The need for legislation that provides better
safeguards for children in mental healthcare
The Ombudsman’s findings from visits within
mental healthcare for children and adolescents
indicate that legislation relating to mental
healthcare does not provide adequate protection
of children’s personal integrity and legal security.
It is unclear as to how certain regulations should
be applied to children, and overall, the regulations
provide inadequate protection against violations of
the integrity of the patient. The fundamental rights
in the UN Convention on the Rights of the Child
pertaining to the best interest of the child and the
right of the child to be heard in all matters affecting
the child, and the child’s right to development are
not incorporated in the law.23 All hospitals are
obliged to ensure that childrens’ human rights are
22 Havana Rules, rule 72–78, CPT, Enforced admission to a psychiatric institution, CPT/Inf (98) 12-part, section 53 and CPT,
Complaints procedures, CPT/Inf (2018) 4-part.
23 The Ombudsperson for Children, in a report from 2015, has criticised the fact that the legislation reflects children’s special needs and
rights to a limited degree: Ombudsperson for Children, Grenseløs omsorg [Care without boundaries] expert report 2015, page 21.
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