Hospitals and psychiatric institutions
for protecting the rights of other persons in the psychiatric department, and if
it is not disproportionate to the intended purpose. In this sense, Section 34a of
the Hospitalisation Act expressly grants hospitalised patients the right to wear
private clothes. This right refers to the use of the patients’ own garments, i.e.
clothes that are not provided by the medical facility.
The CPT standards also emphasise that continuously wearing pyjamas or
nightshirts is harmful to strengthening the personality and self-confidence of
those who are hospitalised (CPT/Inf/E [2002] 1 – rev. 2006, German, p. 54,
paragraph 34).
The NPM already pointed out in its most recent report (see NPM Report 2018,
p. 59) that continuously wearing institutional clothing is only permissible in
justified exceptions. Wearing private clothes is essential in the area of gerontopsychiatry in particular in order to do justice to the normality principle.
Continuously wearing
institutional clothing as
an exception
During an examination of the 1st and 2nd Psychiatric Department of Hietzing
Hospital – Neurological Rehabilitation Centre Rosenhügel, Commission 4
found patients with symptoms of dementia both in hospital clothing and with
a chip band on their wrist. One of the patients had been in the ward for two
months and was waiting for a suitable place in a home. The reason given for
taking the patient’s own clothes away from her and having her wear a chip
band at the time of admission was that she might “flee the ward”.
Institutional clothing and
chip bands in Hietzing
Hospital
On request, the commission was informed that taking away a patient’s own
clothes is usually combined with the use of a chip band and the fact that
the patient’s wardrobe is also locked (without handing over the key). These
measures were not sufficiently justified in the patient’s medical histories
examined by the commissions. A plausible reason why a chip band alone is
not considered as an adequate measure for preventing patients from leaving
the ward could not be provided.
In a statement of opinion, the Municipal authority of Vienna explained that
the chip bands are not personalised. For this reason, institutional clothing has
to be additionally used in order to be able to locate the relevant person quicker
in case they leave the ward.
The NPM is of the opinion that the combination of institutional clothing and
chip bands is a disproportionate infringement of the rights of the affected
patients. The chip band as a type of monitoring system should be used as an
alternative to institutional clothing in order to safeguard the patients’ right to
wear their own clothes.
The NPM recommends examining the technical possibilities of personalising
the chip bands in future.
54
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