27
Selected topics from 2020
day, with provisions for physical activity and other
recreational activity. Children’s right to healthcare
must be safeguarded, and medical treatment
should, in principle, only be given on the basis of
informed consent from the child. Children must
also have the opportunity to stay in contact with
family, friends and relevant organisations, through
visits or by telephone. The use of intrusive coercion
and force must only take place in extraordinary
circumstances after other measures have been
tried, and only within what is permitted by law.
The Mental Health Care Act provides few reg
ulations that are adapted to children who have
been deprived of their liberty. The challenges this
represents will be further examined in the final part
of the article.
Visits indicate that children need better protection
against intrusive coercion
Intrusive force and coercion measures must only
be used on children if there is an immediate risk
that they can harm themselves or others, as a last
resort and for the shortest time necessary.8 It must
only be used in cases that are clearly warranted by
laws and regulations, and there are strict require
ments in respect of documentation. Several human
rights agencies have recommended a prohibition
of coercive measures, solitary confinement and
similar measures imposed on children.9 The
European Committee for the Prevention of Torture
has stated that it is only acceptable to restrain
children until the risk of injury has passed.10
The NPM conducting an inspection during a visit to a
"mental healthcare section for children and adolescents.
However, the Mental Health Care Act allows for
administration of strong medication without the
consent of the child in emergency situations.11 Chil
dren over 16 years of age can also be restrained
with straps or isolated in a room. It is additionally
problematic that Norwegian law permits the use
of particularly intrusive coercion methods, such
as straps, to prevent damage to objects. Human
rights considerations indicate that such intrusive
measures are only permitted to prevent immediate
risk of injury to persons.12
Findings from our visits indicate that children
admitted to mental healthcare institutions can
be subjected to very intrusive forms of coercion.
During one of our visits, we found that children
under 16 years old had been subjected to unlawful
use of restraint belts and segregation.13 We also
found that an adolescent over 16 years old had
been brought to the hospital by the police wearing
8
ECHR judgement of 19 Feb 2015 MS v. Croatia (no. 2), application no. 75450/12, section 104; Havana Rules, rule 64 and UN
Special Rapporteur on torture, Annual Report to the UN General Assembly 2015, A/HRC/28/68, section 86 (f).
9
UN Special Rapporteur on torture, Annual Report to the UN General Assembly for 2013, A/HRC/22/53, page 14–15, section 63 and
page 23, section 89 (b), and for 2015, A/HRC/28/68, section 84 (d). See also UN Committee Against Torture, recommendations to
New Zealand, 2 June 2015, CAT/C/NZL/CO/6, section 15 (b).
10 See Committee on the Prevention of Torture (CPT) report after a visit to Poland in 2017 CPT/Inf/ (2018) 39, section 134.
11 Mental Health Care Act Section 4–8.
12 In appeal cases against the use of restraint straps on adult patients, ECHR has stated that: “... such measures be employed as
a matter of last resort and when their application is the only means to prevent immediate or imminent harm to the patient or to
others.” (M.S. v. Croatia (no. 2), complaint no. 75450/12, judgement of 19 February 2015, section 104. See also Council of Europe
Committee of Ministers recommendation Rec (2004) article 27 no. (1).
13 The Parliamentary Ombudsman’s report after the visit to Helse Stavanger HF, Section for children and adolescent mental health
care. 8–10 and 29–30 October 2019. The unlawful circumstances had ended at the time of the visit.
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