National Preventive Mechanism
politically competent persons on the regional level (health officers and hospital
officers) will also be addressed directly in order to highlight the significance of
the Istanbul Protocol.
XX
Doctors in hospitals have a critical role in the investigation of assaults by police officers.
They must therefore be trained in how the alleged consequences of injuries have to be
documented for evidence purposes.
5.2.9
Struggling with the care of a juvenile patient
On a visit to the Regional Clinic in the Mödling thermal region, Commission 6
observed that a minor female patient was cared for in the child and adolescent
psychiatry for a long period of time, because a suitable institution for external
follow-up care could not be found.
Since the age of 12, the patient had spent more than three years in psychiatric
institutions due to her mental illness and had been in the child and adolescent
ward in Hinterbrühl since December 2015. Providing care was very difficult
because her behaviour was characterised by regular impulsive outbursts.
Mödling district court established through the filing of a proceeding by the
patient advocacy that the many restraints, which were often carried out in the
evening hours as part of bedtime ritual, were impermissible.
Impermissible restraints
Subsequently, there was a tragic incident in which a doctor put his foot on the
patient’s head to stop her from leaving a room. Mödling district court left no
doubt that restricting the movement of the juvenile in a time-out period was
appropriate and permissible in view of her aggressive behaviour. However,
putting a foot on her head is degrading treatment and a serious violation of
human rights.
Degrading treatment by
putting foot on head
Hospitalisation in a psychiatric ward should be used primarily for acute crisis
intervention. For this reason, suitable residence and care facilities outside
the psychiatric ward have to be created quickly, in particular for minors. The
NPM has explicitly advised the Land Lower Austria that restraints should be
avoided by providing additional personnel resources and that adequate care
for the patient outside a psychiatric ward must be guaranteed.
The efforts of the Network of Patient Advocates (VertretungsnetzPatientenanwaltschaft) and the NPM ultimately achieved that the patient is
receiving intensive socio-educational care in the Curative Educational Centre
Hinterbrühl (Heilpädagogisches Zentrum Hinterbrühel) in cooperation with
the child and adolescent psychiatry within the framework of a concept for
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