NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2018
30
Isolation-like segregation
One important finding is that segregation in many
cases clearly resembles isolation. Many patients
spend a lot of time alone, often with little contact with
the staff. Examples were also found of segregation
measures being used for a prolonged period of time.
Some patients are segregated for several months or,
in exceptional cases, years.
Need to focus on alternatives to segregation
The thematic report points out that alternatives are
needed to the current segregation practices. In the report, the NPM issues the following recommendations
to help prevent the risk of inhuman and degrading
treatment caused by segregation:
The implementation of segregation is often characterised by strict rules, unclear treatment content, and a
lack of opportunity to spend time outdoors every day
or participate in adapted activities. The NPM has also
found that physically restraining patients by manual
control is incorrectly considered as being covered
by a segregation decision, and that patients can be
held, wrestled to the ground and, in some cases,
physically carried into a segregation unit, without an
administrative decision being made to that effect.
Statistics
prepare a national overview of the duration of
segregation measures. Such an overview should
also include information about geographical
variations and, in particular, prolonged
measures.
Furthermore, administrative decisions on the use of
segregation were often inadequately documented,
without a precise description of why segregation
was considered necessary in each individual case.
The thematic report shows that human rights
standards set clear limitations on the right to use
isolation-like measures in the health care services.
The use of segregation, particularly if upheld over
long periods of time, in an invasive manner with a low
degree of freedom of movement, meaningful human
contact and self-determination, can constitute a risk
of violation of the prohibition against inhuman and
degrading treatment.
To the national health authorities
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Assessment of the legislation
carry out an assessment of whether the legislation that applies to the use of segregation is
in accordance with human rights requirements
and standards, both as regards the right to use
segregation as a treatment measure and as
a control measure. The need for special due
process guarantees should also be considered
to avoid prolonged segregation.
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Knowledge building
consider national professional development
projects on segregation, such as projects on
humane and safe design of segregation units
in mental healthcare institutions, less invasive
methods for implementing segregation, and
alternatives to segregation.
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