NORWEGIAN PARLIAMENTARY OMBUDSMAN National Preventive Mechanism ANNUAL REPORT 2020 26 Children's Rights in Mental Healthcare Should Be Better Safeguarded During the year, the Parliamentary Ombudsman published three reports from visits to hospital departments where children and adolescents can be admitted without their consent.1 The visit reports show that legal safeguards for children admitted to psychiatric hospital departments should be strengthened. The human rights of children and adolescents when they are admitted without consent When children are admitted to institutions without their consent, this places restrictions on their freedom and opportunity to decide for themselves. Nevertheless, all children who are admitted to a health institution have the right to be heard in respect of matters that concern them.2 Children’s opinions must be given emphasis in accordance with their age and maturity. The child’s best interest must be a primary consideration in all actions and decisions affecting children.3 Children and youth who are deprived of their liberty are additionally vulnerable to violations of their integ­ rity and therefore have a right to special protection. According to the UN Convention on the Rights of the Child, children who have been deprived of their liberty must be treated with humanity and respect for their inherent dignity.4 Deprivation of liberty must take into consideration the child’s needs in relation to his/her age. Children are more vulnerable than adults and are therefore granted greater protection in respect of their personal integrity.5 There is a much lower threshold before the prohibition against torture and inhuman or degrading treatment is breached in regard to children.6 The UN has established special regulations for the protection of children that have been deprived of their liberty; these are known as the Havana Rules.7 The rules establish that children should have a physical environment that makes due regard to the need for privacy, sensory stimuli, opportunity for association with peers and participation in physical exercise and leisure-time activities. Children deprived of their freedom has the right to compulsory education. This must be adapted to children with disabilities. Children must also have the opportunity to spend time outdoors every 1 One of the visits was conducted in October 2019; however, the visit report was published in 2020. 2 Constitution Section 104 par. 1 and the UN Convention on the Rights of the Child article 12. 3 Constitution Section 104 par. 2 and the UN Convention on the Rights of the Child article 3 no. 1. 4 UN Convention on the Rights of the Child article 37 (c). 5 Constitution Section 104 par. 3. 6 UN Special Rapporteur on torture, report to the UN General Assembly, 5 March 2015, A/HRC/28/68, section31–33. 7 UN Regulations for the Protection of Juveniles Deprived of their Liberty (Havana Rules), adopted by General Assembly resolution 45/113 of 14 December 1990.