24
NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2017
Isolation-like segregation
in mental health care
A key finding from the visits carried out in 2017 was that a number
of mental health care institutions practised extensive segregation
of patients. Patients were often segregated in unsuitable premises,
with very limited opportunity for human contact and activity.
The Ombudsman expressed concern on several occasions that this
measure, in practice, resembled isolation.
What is segregation?
Segregation is restriction of patients’ freedom of
movement and self-determination that exceeds the
level otherwise defined for compulsory mental health
care. A segregation measure is, in part, considered a
treatment measure and, in part, a measure to shield
other patients.
Segregation is regulated in Section 4-3 of the Mental
Health Care Act, and means that the patient is kept
completely or partly segregated from other patients
and from personnel who do not take part in the
examination, treatment and care of the patient.
Segregation can take place in the patient's own room
or in a special segregation unit. The responsible mental
health professional can decide to segregate a patient
for treatment purposes or out of consideration for
other patients.
Norway is one of the few countries that uses segregation as a form of treatment, which is in principle distinct
from isolation.1 Isolation is defined in the Mental Health
Care Act as a coercive measure where the patient is
detained behind a locked or closed door without a staff
member present, while segregation requires close
follow-up by the health personnel present.
A systematic review of literature in 2015 concluded
that there was little knowledge of the effect of segregation in Norway.2 Patient studies indicate that the
coercive elements of segregation are stronger than
and are perceived as being more isolation-like than
treatment purposes would indicate.3
Human rights standards and Norwegian legislative
amendments
As segregation entails further restriction of patients'
already limited freedom of movement and self-determination, it constitutes an encroachment on patients’
right to privacy pursuant to Article 8 of the European
Convention on Human Rights (ECHR). Segregation
must therefore have a legal basis, and it must be
necessary and proportionate in each case. In cases
1 In Denmark, Section 18 d-f of the Psychiatry Act gives institutions the right to practise individual segregation and lock doors in the
unit. Announcement No 1160 of 29 September 2015 regarding the act on use of force in psychiatric care (the Psychiatry Act).
2 Norvoll, R., Ruud, T., Hynnekleiv, T. (2015). Skjerming i akuttpsykiatrien ('Segregation in emergency psychiatry’). The Journal of the
Norwegian Medical Association, 135, pages 35–39.
3 See note above.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents