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NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2020
What is segregation?
A segregation room used for children
at one of the places we have visited.
a spit hood, and was later placed in restraint belts.
The adolescent was restrained for five hours and
fifteen minutes. It was not sufficiently documented
as to why it had been necessary to keep the
adolescent restrained for four and a half hours
after the adolescent had fallen asleep. This type of
situation could potentially amount to a violation of
the prohibition against inhuman treatment.14
The use of segregation is another intrusive meas
ure used in child and adolescent psychiatry. Some
adolescents are subjected to segregation for long
periods, with repeated measures and a great deal
of coercion. At two of the three places we visited,
we criticised the use of segregation. The segre
gation zones at one of the places was designed
in such a way that it appeared threatening and
frightening.15 We were particularly critical of some
segregation rooms that resembled isolation cells.
The Ombudsman stated that long-term placement
in such rooms was unacceptable and represented
a risk of inhuman treatment. The hospital has
subsequently improved the segregation zones and
changed segregation routines.
Segregation in Norwegian mental healthca
re means that the patient is fully or partially
segregated from other patients and only
has contact with health personnel. The
measure can be introduced without the
consent of the patient, in the patient’s room
or in a segregation zone. A segregation
zone is an area with one or several beds
that is separated from other parts of the
institution, normally with a lockable door.
Patients that are admitted to a segregation
zone can be refused access to common
rooms in the ordinary part of the section
and will normally be unable to have social
contact with other patients and personnel.
Norway is one of few countries that has a
distinct set of enforcement regulations rela
ted to segregation. Segregation is used both
as a control measure to protect patients or
others against aggressive behaviour, and
as a treatment measure with the idea that
reduced sensory impressions will provide
calm for the patient.
Our findings also showed that children are sub
jected to intrusive treatment measures without
their consent, such as force-feeding where the
patient suffers from a serious eating disorder.
For treatment not to violate the child’s right to
personal integrity, the treatment must be necessary
to prevent serious harm to health. The method of
how treatment is carried out must also be propor
tional.16 In two of our visits we found examples of
situations that gave grounds for concern that
force-feeding was carried out without the measure
14 See ECHR judgement Bures v. Czech Republic, application no. 37679/08, judgement of 18 October2012, section 102–104 and
Aggerholm v. Denmark, application no 45439/18, 1 September 2020, section 95–115.
15 The Parliamentary Ombudsman’s report after the visit to Helse Stavanger HF, Section for children and adolescent mental health
care, 8–10 and 29–30 October 2019.
16 Forcibly administered treatment can be in violation of the European Convention on Human Rights article 3, see ECHR judgement
in Herczegfalvy v. Austria, application no. 10533/83, 24 September 1992, section 82. Enforce treatment may also breach European
Convention on Human Rights article 8 no. 2. See ECHR judgement X v. Finland, 3 July 2012, application no. 34806/04.
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