25 Selected topics from 2018 Much of the routine coercion we have found was implemented as part of the admission process, but we have also seen examples of routine use of coercion during the stays. Examples include using “motivational trips” – carried out as a coercive measure – as an automatic consequence for breaking a rule, routine searches after visits home, and a general prohibition on the use of mobile phones at the institution. In some cases, an administrative decision was made although no individual assessment had been carried out, claiming the restriction should be implemented because it was part of the institution's procedures. Other institutions did not register the restrictions as administrative decisions, but the restrictions were described in procedures or indirectly in other types of documentation. Both practices violate the requirements for the use of coercion in child welfare institutions. The use of force at institutions is strictly ­regulated The right to freedom and self-determination is protected by human rights and can only be restricted if the intervention is necessary, proportionate, and regulated by an act or regulation. Children and young people who are placed in an institution without their consent have already had their freedom of movement and self-determination restricted. Being placed in an institution against one’s will constitutes deprivation of liberty according to the International Covenant on Civil and Political Rights.5 The basic principle for all child welfare institutions is that the use of coercion is not permitted. However, the Act and Regulations allow use of force in special situations.6 The Rights Regulations stipulate the types of force that may be permissible, but they shall also ensure that the integrity and rights of children and young people are safeguarded when they are staying at an institution. The Regulations stipulate special rules for children and young people placed in an institution based on Child Welfare Act Section 4-24 and Section 4-26.7 These rules concern: ››Restriction on the right to move freely about within and outside the institution (Section 22) ››Visits to the institutions (Section 23) ››Electronic means of communication (Section 24) ››Testing for drugs/alcohol (Section 25) The provisions of the Rights Regulations set the framework for the use of force and make it clear that such force can only be used when necessary and proportionate in a specific situation.8 The use of force entails a risk of degrading and inhuman treatment. Coercive measures cannot be used to a greater extent than necessary, and other means must be tried first. An assessment of whether to use force must take account of all fundamental legal principles. The intervention must be warranted by law and the best interests of the child, and the child’s right to be heard must always be safeguarded as part of the assessment. 5 The UN Human Rights Committee, General Comment No 35, paragraph 62. 6 Cf. the Child Welfare Act Section 5-9 and the Rights Regulations Section 13. 7 The provisions in Chapter 1, 2, 3 and 5 of the Regulations apply correspondingly to residents who are placed pursuant to Section 4-24 and Section 4-26, with the special rules that follow from this chapter. This also applies to residents placed on the basis of an interim order pursuant to the Child Welfare Act Section 4-25 second paragraph second sentence. 8 The County Governor of Aust-Agder and Vest-Agder illustrates this in the report: Historien om Stina. Fylkesmannens rapport etter tilsyn med Kristiansand kommune, Sørlandet sykehus HF, Bufetat Region Sør, Næromsorg Sør og Aleris Ungplan og BOI 27.7.2017 – 7.2.2018. (‘The story of Stina. The County Governor’s report following inspections of Kristiansand municipality, Sørlandet Hospital health trust, Office for Children, Youth and Family Affairs (Bufetat) – Region South, Næromsorg Sør and Aleris Ungplan & BOI 27 July 2017 – 7 February 2018’ – in Norwegian only).