NORWEGIAN PARLIAMENTARY OMBUDSMAN National Preventive Mechanism ANNUAL REPORT 2019 42 The segregation unit in a mental healthcare ward. Input to proposal on common rules on use of coercion in the health and care services In December, the Ombudsman made a consultation submission on the Østenstad Committee’s draft legislation proposal on the use of coercion and interventions without consent in the health and care services (Norwegian Official Report 2019: 14 Tvangsbegrensningsloven).5 The comments were based on the Ombudsman’s statements in ­complaints cases and findings from visits to places of detention under the mandate of the NPM. In the consultation submission, the Ombudsman called for a more detailed assessment of the threshold for applying involuntary treatment, such as forced medication and electroconvulsive therapy (ECT) in relation to human rights standards. Such questions were not sufficiently addressed in the report, particularly in light of international legal developments resulting in more stringent control of the use of coercive measures concerning persons with disabilities. 5 The Ombudsman pointed out that the legislation must ensure adequate protection against torture and other inhuman or degrading treatment. The ­legislation must also be in accordance with the prohibition against discrimination based on ­disabilities and the right to protection of personal integrity and self-determination. The Ombudsman stated that the legislator is obligated to undertake a general proportionality assessment of new legislation that authorises such use of force. The Committee proposed to uphold the practice of forced medication. It is the opinion of the Ombudsman that the report did not ­substantiate a fair balance between the benefits such an ­intervention has and the harm it inflicts. This was ­specifically based on the lack of adequate k­ now­ledge of the effects of these treatment ­measures and the serious nature of such ­interventions. The Ombudsman also criticised the Committee’s proposal to legalise ECT without informed consent as a life-saving measure. The Parliamentary Ombudsman’s consultation response to Norwegian Official Report 2019: 14 Tvangsbegrensningsloven, 30 December 2019. Read the whole consultation submission here: https://www.sivilombudsmannen.no/wp-content/ uploads/2019/12/Sivilombudsmannens-høringssvar-NOU-2019_14-Tvangsbegrensningsloven.pdf