fundamental and human rights
�.� national preventive mechanism against torture
indicate that a physician would have decided on
the restriction. The Deputy-Ombudsman did not
deem it acceptable to employ restrictive measures
on the basis of a permission given by an individual
suffering from a memory disorder, who may not
have understood the matter. The use of restrictive
care measures must always be based on a physician’s assessment and decision. In addition, the
necessity of such measures must be evaluated on
a regular basis (383/2018).
The majority of the residents of a unit offering
round-the-clock assisted living with intensified
support suffered from memory loss disease. The
outer doors of the unit were locked. They could
be opened with a numeric code. The gate of the
fenced yard was also locked. As a further restrictive measure, the beds were equipped with
bedrails to prevent their occupants from falling
out of them. The patients’ families had agreed on
the matter with a physician. The NPM stressed
that the use of restrictive measures was only permitted by decision of a physician. Furthermore,
the use of restrictive measures must be monitored
to ensure that they are only used when and for
as long as necessary. For this reason as well, the
physician should visit the unit sufficiently often
and meet all of the residents. It is also the nurses’
duty to discuss the restrictive measures and their
grounds with the residents’ next of kin or family
members (659/2018).
A unit for persons suffering from serious memory
loss symptoms sought to organise its operations
at the terms of the residents. This meant that the
residents were allowed to decide when they woke
up or ate. If they did not feel sleepy at night, they
were allowed to stay up and walk in the hallways,
provided that they did not disturb the other residents. The use of restrictive measures was decided
by a physician. These measures included raised
bedrails, various belts and back-zip overalls.
Back-zip overall, also known as patient overall, is
a garment preventing for example persons with
dementia from undressing themselves in public.
The necessity of continuing the restrictive measures was monitored on a daily basis. The unit was
even equipped with restraints. However, the NPM
104
The furnishings in the service centre for the
olderly was modest and worn-out.
were told that the restraints had not been needed
for years, since the nurses had learned to work on
the terms of the residents and calm them down in
other ways. Sedatives had to be given to the residents at times. It was also necessary to lock the
rooms of residents every now and then to prevent
restless residents from wandering into the rooms
of others. In the Deputy-Ombudsman’s opinion,
locking the doors of residents at night for reasons
of client and patient safety was problematic with
regard to fire safety and the right to self-determination of the elderly people suffering from memory disorders. The fact that the solution was temporary had no bearing on the matter (2217/2018).
The report given by the city stated that locking the rooms was an extreme measure intended
to ensure the safety of the group home’s residents.
Nurses at a group home for individuals with severe memory loss symptoms felt that meal times
took excessively long. All residents had to be
assisted and monitored while they were eating.
Some of the residents were so restless that they
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