–5–
41.
Patients should, as a matter of principle, be placed in a position to give their free and
informed consent to treatment. The admission of a person to a psychiatric establishment on an
involuntary basis should not be construed as authorising treatment without his consent. It follows
that every competent patient, whether voluntary or involuntary, should be given the opportunity to
refuse treatment or any other medical intervention. Any derogation from this fundamental principle
should be based upon law and only relate to clearly and strictly defined exceptional circumstances.
Of course, consent to treatment can only be qualified as free and informed if it is based on
full, accurate and comprehensible information about the patient's condition and the treatment
proposed; to describe ECT as “sleep therapy” is an example of less than full and accurate
information about the treatment concerned. Consequently, all patients should be provided
systematically with relevant information about their condition and the treatment which it is
proposed to prescribe for them. Relevant information (results, etc.) should also be provided
following treatment.
D.
Staff
42.
Staff resources should be adequate in terms of numbers, categories of staff (psychiatrists,
general practitioners, nurses, psychologists, occupational therapists, social workers, etc.), and
experience and training. Deficiencies in staff resources will often seriously undermine attempts to
offer activities of the kind described in paragraph 37; further, they can lead to high-risk situations
for patients, notwithstanding the good intentions and genuine efforts of the staff in service.
43.
In some countries, the CPT has been particularly struck by the small number of qualified
psychiatric nurses among the nursing staff in psychiatric establishments, and by the shortage of
personnel qualified to conduct social therapy activities (in particular, occupational therapists). The
development of specialised psychiatric nursing training and a greater emphasis on social therapy
would have a considerable impact upon the quality of care. In particular, they would lead to the
emergence of a therapeutic milieu less centred on drug-based and physical treatments.
44.
A number of remarks concerning staff issues and, more particularly, auxiliary staff, have
already been made in an earlier section (cf. paragraphs 28 to 31). However, the CPT also pays close
attention to the attitude of doctors and nursing staff. In particular, the Committee will look for
evidence of a genuine interest in establishing a therapeutic relationship with patients. It will also
verify that patients who might be considered as burdensome or lacking rehabilitative potential are
not being neglected.
45.
As in other health-care services, it is important that the different categories of staff working
in a psychiatric unit meet regularly and form a team under the authority of a senior doctor. This will
allow day-to-day problems to be identified and discussed, and guidance to be given. The lack of
such a possibility could well engender frustration and resentment among staff members.
46.
External stimulation and support are also necessary to ensure that the staff of psychiatric
establishments do not become too isolated. In this connection, it is highly desirable for such staff to
be offered training possibilities outside their establishment as well as secondment opportunities.
Similarly, the presence in psychiatric establishments of independent persons (e.g. students and
researchers) and external bodies (cf paragraph 55) should be encouraged.