fundamental and human rights
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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
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