fundamental and human rights
�.� national preventive mechanism against torture
– Northern Ostrobothnia Hospital District, Care
of the developmentally disabled / Lounastuuli,
Oulu, 11–12 December 2018, 8 places, municipal
(6389/2018)
A physician specialising in intellectual disabilities
participated in six of the visits as an external expert. An expert from VIOK took part in one visit
as an external expert. Experts from the Human
Rights Centre also participated in some of the
visits. Some of the key opinions and recommendations issued on the basis of the visits are presented below. Certain remarks relate to visits
made in 2017, but with opinions issued in 2018.
Use of cage beds
In connection with a visit to institutional care
and housing units for the intellectually and developmentally disabled, it was noted that cage beds
were used in one ward. This was the first time
such beds were observed during a visit made by
the Parliamentary Ombudsman or NPM.
For one child under the age of 10, the bed was
used to prevent the child from falling out of the
bed during epileptic seizures. The bed was not a
normal cot for small children (0–3 years), but a
larger metal cage bed with a roof. The bed had
been made by a local workshop. A cage bed was
also used for another child in the same ward. The
restrictive measure decisions required by the Act
on intellectual disabilities had been made for the
use of the beds.
The European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment
or Punishment (CPT) has stated that the use of
cage beds can be considered to offend human dignity and must therefore be stopped immediately.
In its report (StVM 4/2016 vp), the Social Affairs
and Health Committee of Parliament has stated
that other means shall always be used in preference to restrictive equipment when possible. Instead of a restrictive measure, it can be possible to
use a wide and low bed, or a bed whose height can
be electronically adjusted according to the situation.
The Ombudsman urged that the use of cage
beds be discontinued and that alternative solutions be found instead. The legality of restrictive
measures used in the care of the intellectually
disabled can be referred to a court for evaluation.
The court will make the final decision on whether the restrictive measure or piece of equipment
can be considered legal in each specific case. The
Ombudsman also highlighted that restrictive
equipment must comply with the requirements of
the Act on Health Care Devices and Equipment.
Such equipment can include hospital beds with
bedrails (visits to the North Karelia social welfare and health care joint authority’s (Siun Sote)
care units for the intellectually disabled, 6311* and
5920/2017*).
The joint authority reported that it would look
for replacement beds compliant with
the requirements of the Act on Health
Care Devices and Equipment, without
endangering the health and safety of
the residents.
A metal cage bed
with a ceiling.
112
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