fundamental and human rights
�.� national preventive mechanism against torture
In the Ombudsman’s opinion, it is possible to
employ security guards for duties permitted by
the legislation on private security services in the
common areas of serviced housing units. The
issue is with the tasks appointed to the security
guards or stewards and whether they have the
required authority to perform the services ordered
by the serviced housing unit. The Ombudsman
has stressed that private guards may not take part
in measures related to the client’s care, which have
been appointed to the nursing staff by law. Measures that restrict the client’s right to self-determination must be deemed to constitute care-related
tasks in which security guards cannot, as a rule,
participate. On the other hand, security guards
may, within the limits of their authority, secure
the nursing staff ’s physical integrity and the safety of their work (1871/2018).
3.5.16
HEALTH CARE
In the health care sector, an accurate number of
health-care units that fall under the NPM’s mandate is unavailable. According to information
received from the Ministry of Social Affairs and
Health, there are approximately 50 psychiatric
units that employ coercive measures. In addition,
there are health-care units other than those providing specialised psychiatric care where coercive
measures may be used (emergency care units of
somatic hospitals), or where persons deprived
of liberty are treated (health care services for prisoners).
In the health care sector, collaboration partners include the National Supervisory Authority
for Welfare and Health (Valvira) and Regional
State Administrative Agencies (AVI). Before visits,
as a rule the competent regional state administrative agency is contacted in order to gain information on its observations about the facility in question. In recent years, it has also been customary to
invite the Regional State Senior Medical Officer
of the competent AVI to the visit debriefing. The
final visit report is also delivered to the AVI for information. The inspection visit of the psychiatric
116
unit of Kainuu Central Hospital serves as a good
example of such cooperation. The Regional State
Senior Medical Officer who participated in the debriefing made follow-up visits to the unit in three
and five months from the original inspection visit.
On the last visit, the Officer reviewed the recommendations made in the NPM’s visit report and
the measures taken by the hospital together with
representatives of the profit centre. The Regional
State Senior Medical Officer notified the Ombudsman of his observations.
Background information is requested from
the health care unit’s patient ombudsman before
each visit. The final visit report is also routinely
sent to the patient ombudsman for information.
Owing to the large number sites to be visited,
certain prioritisations must be made with regard
to the allocation of resources. The NPM has therefore mainly elected to visit the units where most
coercive measures are taken, and where the patient material is most challenging. These include
the state forensic psychiatric hospitals (Niuvanniemi and the Old Vaasa Hospital) and other units
providing forensic psychiatric care. The aim is to
make regular visits to these units, which in practice means a visit every couple of years. The aim
is also to make regular visits to units that conduct
research on and treats underage children who are
difficult to treat (units in Tampere and Kuopio).
Otherwise, the selection of sites will depend on
when the place was previously visited and the
number of complaints made about the unit.
As a rule, visits to units providing health-care
services are almost always attended by an external
medical expert. In the reporting year, only the visits to the Health Care Services for Prisoners unit
(VTH) was not accompanied by an external expert. Involving a medical expert in the visits has
made it possible for the NPM to address the use
of restrictive measures from a variety of angles
and to explore ways of preventing their use. In
2018, the NPM also trained two experts by experience and employed their expertise in four health
care visits.
Visits to psychiatric units are nearly always unannounced. However, the unit is notified by letter
that a visit will be made within a certain period
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