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Selected topics from 2019
In addition, we also made comments to the
specific proposal. For instance, the Parliamentary
Ombudsman emphasised the following problematic
elements in the proposal:
› the existing provision on the prohibition against
isolation used as punishment, treatment or as
a corrective measure is to be removed
› the prohibition against coercion used as
unishment, treatment or as a corrective
p
measure is to be limited to ‘physical’ coercion,
even if improper psychological pressure and
threats can cause equally serious harm
› the regulations on the use of coercion in
situations of acute danger refer to ambiguous
rules based on the principle of necessity that
is not included in the child welfare legislation
› the draft legislation proposal contains no
minimum requirement for the use of isolation
in situations of acute danger
› the legal limits for restricting children’s freedom
of movement inside and outside an institution
are not clearly defined, including what
constitutes illegal isolation
A so-called “isolation room” at a child
welfare institution visited by the NPM.
The room was taken out of use after our visit.
Important guidelines for detainees in need
of medical help
In September, we made a consultation submission
on the Directorate of Health's proposal for national
guidelines for medical personnel relating to health
services for detainees in police custody.3
Several of the recommendations made by the
National Preventive Mechanism (NPM) after visits
to police custody facilities, are reflected in the draft
guidelines. The draft emphasises that doctors
must not be involved in decisions concerning
placing a person in custody. The submission also
proposes measures to ensure that the duty of
confidentiality is maintained when medical assistance is given to detainees, by ensuring that police
personnel who escort the detainee are not present
during examinations and treatment situations,
for instance in the accident and emergency unit.
3
The Parliamentary Ombudsman’s consultation submission on guidelines for medical services for detainees in police custody,
29 August 2019. Read the whole consultation submission here: https://www.sivilombudsmannen.no/wp-content/uploads/2019/09/
Sivilombudsmannens-h%C3%B8ringsuttalelse-om-veileder-om-helsetjenester-til-arrestanter-i-politiarrest.pdf
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