Hospitals and psychiatric institutions admission to the respective hospital, the Nursing and Residential Homes Residences Act becomes applicable to patients who develop a continuous need for care during their hospital stay. Correct handling is only guaranteed with knowledge of the legal provisions and complete documentation. Medication-based restrictions of freedom represent a particularly sensitive human rights area. Careful consideration is required in every individual case as to whether administering medication implies a measure that restricts freedom. In this context, the diagnosis and the therapy being pursued with the medication shall be considered along with the concrete effect the medication will have on the personal freedom of those involved. Even a therapeutically indicated medication-based treatment shall be considered a measure that restricts freedom if it primarily serves to suppress restlessness and to calm the patient down, i.e. “immobilize” them (cf. Supreme Court of 29.5.2008, 2 Ob 77/08z and Supreme Court of 26.2.2009, 1 Ob 21/09h). In order to be able to take the right decision in any case, it is absolutely necessary to accurately document all of the circumstances. Notes such as “restlessness” or “sleeplessness” are not helpful in determining whether the patient’s behaviour was a danger to themselves or to others. Both medication-based and mechanical measures that restrict freedom were used on a patient at the facility visited. The mechanical restrictions were not documented in the care plan or the documentation of execution. They were (as were the medication-based measures) not reported to the residents’ representatives. As far as the commission is concerned, alternative care measures that would have impinged less on the patient’s right of freedom (e.g. low bed, fall mat) would have been possible as well. Informing staff and improving documentation XX In its statement of opinion, the Land Upper Austria conceded that there is an urgent need for action both with regard to improved information of the staff about the legal framework (applicability of the Nursing and Residential Homes Residence Act) and the necessity of complete and traceable documentation.  It shall be ensured that the staff is sufficiently informed about the legal conditions and the resulting (documentation) obligations concerning measures that restrict freedom. 2.2.5 Violation of the right to wear private clothes The objective of the Hospitalisation Act is “to cover the limitations to the restriction of personal rights in a constitutional, proper form” during detention (Kopetzki, Grundriss des Unterbringungsrechts, paragraph 721). The restriction of the patient’s other rights during hospitalisation is only permissible under Section 34a of the Hospitalisation Act if it is unavoidable for averting risk or 53