Long-term Deprivation of Liberty
Doctor’s office in one of the
Photograph 53
buildings
197. Notwithstanding the foregoing, a review of the current allocation of physi
cians to the different buildings is considered necessary, given that said allocation
does not always correspond to the characteristics of the people in need of medical
attention. For example, there was a general practitioner in the geriatrics building,
where the average age is 78, and a geriatrician in the building devoted to mild to
moderate mental disabilities, where the average age is 63.
The current allocation of
198. Physical and pharmacological restraints are used relatively often in psy
chiatric hospital and health care residences to prevent falls or injuries to resi
dents or third parties, to avoid alterations of the therapeutic program (removal
of intravenous needles, nasogastric tubes, etc.), or to manage violent or aggres
sive behavior. Negative effects have been documented in the continued use of
both types of restraints (in the case of physical restraints: pressure ulcers, infec
tions, incontinence or loss of appetite, amongst others, and psychological effects
such as shame, aggressiveness, depression, apathy or social isolation; in the case
of tranquilizing psychotropic drugs: delirium, impairment of cognitive func
tions and of communication, depression, dehydration, unstable gait with the
risk of falling, etc.). From the foregoing it can be concluded that the unnecessary
and/or excessive use of these measures could entail a violation of a person’s right
to dignity and free development of his/her personality (Article 10 Spanish Con
stitution), to liberty (Article 17 Spanish Constitution), to physical and moral
integrity and not to be subjected to inhuman or degrading treatment (Article 15
Spanish Constitution).
The unnecessary or
But despite Constitutional protection, the use of these restraints is not regulated
at the national level. Indeed, Basic Law 41/2002, of 14 November, regulating the
autonomy of patients and the rights and obligations in respect to clinical infor
mation and documentation, contains the principle of a patient’s prior consent
(the so-called «informed consent»), the right to refuse treatment (except in cases
provided by law), and the physician’s right to intervene, even without the patient’s
The use of physical and
THE OMBUDSMAN OF SPAIN
physicians to the buildings
must be reviewed
excessive use of physical or
pharmacological restraints
could entail a violation of
fundamental rights
pharmacological restraints
is not regulated at a
national level
145
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