Hospitals and psychiatric institutions
A monitoring visit by Commission 1 to the Department of Child and Adolescent
Psychiatry at Hall Regional Hospital indicated that the minors were well
informed about the risks of spreading the virus and precautionary measures.
In addition, they were still allowed to go outside.
However, Commission 1 observed on this visit to the Department of Child and
Adolescent Psychiatry at Hall Regional Hospital that newly admitted patients
who were not suspected of being ill were isolated until a negative PCR test
could be presented. This took up to 30 hours. This is not proportionate for
minors with mental issues.
Isolation measures at
Hall Regional Hospital
Restrictions of freedom against the will of those affected are only permissible
under Austrian constitutional law in the exceptions mentioned in the
Convention for the Protection of Human Rights and Fundamental Freedoms
(European Convention on Human Rights) and the Basic Law on the General
Rights of Nationals (Staatsgrundgesetz) for the protection of personal freedom,
and then only based on statutory authorisation. The management of hospitals
is not authorised to impose preventive regulations that restrict freedom.
There is no statutory basis for the isolation of patients without medically
verified suspicion of disease to be found in the relevant regulations in the
Hospitalisation Act, the Epidemics Act and at most the COVID-19 Preventive
Measures Regulation. Quarantine imposed by way of notification by health
authorities could not be deduced from the documents viewed by Commission
1. There were also no reports to the patient advocacy of this type of isolation
as a measure that restricts freedom.
No legal basis
Furthermore, the commission took a critical view of the existing telephone
times during visiting bans and restricted visiting hours. Patients were only
allowed to use their mobile phones between 11.00 a.m. and 12.00 p.m. as well
as between 5.45 p.m. and 6.45 p.m. During the first lockdown, few visits were
possible. In spite of complaints, the telephone times were not extended.
Insufficient outside
contacts during
From the point of view of the NPM, telephone times for minor patients should
be extended especially when visiting had to be limited due to the pandemic,
in order to ensure that contact to trusted persons remains intact.
The NPM took a critical look at the IT equipment on a monitoring visit to the
Department of Neurology and Psychiatry in Childhood and Adolescence at
Clinic Klagenfurt. The availability of electronic devices and internet access
were inadequate, which is why it was not possible for the patients to have
video contact with their relatives. It was not even possible to hold proceedings
under the Hospitalisation Act per video conference in a timely manner.
IT equipment
inadequate
Court cases on involuntary hospitalisation were expressly exempted by the
legislators from the waiver of legal proceedings deadlines (Section 1 (1) First
judiciary law accompanying the COVID-19 Law (1. COVID-19-JustizbegleitGesetz) (see Barth, COVID-19 und die Folgen für familienrechtliche
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