fundamental and human rights �.� national preventive mechanism against torture tal rights must be restricted. Restrictive measures may only be employed in the situations and subject to the conditions provided for in the Child Welfare Act. Restrictive procedures may not be employed systematically as an educational remedy to be applied to all children placed in the institution. Neither may restrictive measures be used as a means of punishment. The measure that least restricts the child’s right to self-determination or other fundamental right must always be chosen from those available. If less drastic means are sufficient, restrictive measures may not be employed at all. The measures must always be implemented as safely as possible and with respect for the child’s human dignity. Setting boundaries is a part of the care and upbringing of a child. Such boundaries must be kept distinct from the restrictive measures referred to in the Child Welfare Act. Restrictions of a disciplinary nature are not used to impinge on a child’s fundamental and human rights, but to arrange a child’s day-to-day custody and care and to support his or her growth and development. The purpose, duration and intensity of educational methods may not be equivalent to those of the restrictive measures provided for in the Child Welfare Act. Decision-making on restrictive measures The use of restrictive measures always requires an individual decision in which the fulfilment of the conditions provided for in the law is evaluated on a case-by-case basis. The place of foster care must ensure that these conditions are met in the case of each restrictive measure employed. The Deputy-Ombudsman drew the residential school’s attention to the fact that restrictive measures may not be used as a means for implementing another restrictive measure. For example, the bodily search of a child cannot be implemented by physically restraining the child. The recording of restrictive measures was also stressed (1353/2018). The Deputy-Ombudsman considered it important for the place of foster care to draw up a specific plan for supporting the realisation of the child’s right to self-determination and promote good treatment. The plan could include an explanation of what the legal restrictions mean for the unit in practice, a description of the practical implementation of the restrictions and methods for decreasing the use of restrictions. In part, the purpose of such plans would be to reduce the need for employing restrictive measures. The plan could also increase the staff ’s and child’s awareness of legal and acceptable practices (4099/2018*). Isolation It is not permitted to isolate a child as punishment for his or her behaviour. Isolation may only be used when strictly necessary, and it must be ended immediately when it is not necessary anymore (1353 and 4099/2018). The forced undressing or dressing of a child is not permitted by the Child Welfare Act. The Deputy-Ombudsman required the residential school to abandon the practice of undressing the children when they were taken to the isolation room. In the future, isolation and any bodily search related to it must be conducted with respect for the child’s human dignity and in a manner that permits the child to cover his or her body during the search. A decision to isolate a child must clearly indicate the situation and behaviour that led to the isolation, the implementation method of the isolation, the assessment of the grounds for continuing the isolation, and the grounds for ending the isolation. If the isolation of the child involves holding the child in place or a bodily search or physical examination, the individual records required by law must be drawn up for these. In addition, the names of all employees participating in the isolation must be recorded in the isolation decision. It was the duty of the residential school to ensure that outside persons do not “threaten” the children with illegal measures or restrictive measures that they did not have the jurisdiction to implement in the first place (1353/2018). The Deputy-Ombudsman required the residential school to abandon all practices reminiscent of isolation. These included shutting the children in their own rooms while doing written assignments given by the instructions, the unjustified severing 97

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