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Selected topics from 2020
upheld, even if the rights are not directly incorporat
ed in the Mental Health Care Act.24 However, it can
be challenging for health personnel to understand
how this law is to be applied so that children’s
human rights are fully respected.
A general issue relating to the legal safeguard
of children in mental healthcare is that coercion
involving children under 16 years of age is not
legally considered coercion. When a child is under
16 years old, they are admitted to hospital on the
parents’ consent regardless of whether the ad
mission is based on the consent of the child. The
admission is therefore not covered by the strict
legal conditions that regulate enforced admissions
of adults.25 This weakens the legal protection of
children. It also makes it difficult to maintain an
overview of the numbers regarding use of coercive
measures against children under 16 years of age.
Additionally, intrusive treatment measures such as
segregation, force-feeding or enforced medication
are not legally considered coercion in relation to
children under 16 years of age. These are meas
ures dependent upon consent from parents or
others with parental responsibility. Consequently,
decisions regarding the use of these types of
coercion are not formally recorded as an adminis
trative decision that otherwise would provide the
basis for the right to submit a complaint. During
our visits we have found that an overview of
measures implemented without the consent of the
youngest children, are lacking, both in the wards
and in the control commissions. This is unaccept
able. Children are more vulnerable than adults, and
Bead decoration made by children admitted to one of the
children and adolescent psychiatric wards we have visited.
deficiencies in legislation generate an increased
risk of children being subjected to human rights
violations. In July 2019, a legal review committee
proposed changes to the regulations concerning
the use of coercion and children in healthcare
services.26 Though the proposed amendments
also present some challenges, they will, if adopted,
strengthen the rights of children in several areas. In
a consultation submission, the Ombudsman high
lighted the need to strenghten the legal safeguards
and protection of children.27
24 This is in accordance with the Constitution Section 92 and Human Rights Act Sections 2 and 3.
25 Mental Health Care Act Section 2–1 cf. Patient and User’s Rights Act Section 4–4.
26 NOU 2019: 14 Act relating to the use of coercion.
27 The Parliamentary Ombudsman's submission on NOU 2019: 14 Act relating to the use of coerion, 30 December 2019.
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