31 Selected topics from 2020 upheld, even if the rights are not directly incorporat­ ed in the Mental Health Care Act.24 However, it can be challenging for health personnel to understand how this law is to be applied so that children’s human rights are fully respected. A general issue relating to the legal safeguard of children in mental healthcare is that coercion involving children under 16 years of age is not legally considered coercion. When a child is under 16 years old, they are admitted to hospital on the parents’ consent regardless of whether the ad­ mission is based on the consent of the child. The admission is therefore not covered by the strict legal conditions that regulate enforced admissions of adults.25 This weakens the legal protection of children. It also makes it difficult to maintain an overview of the numbers regarding use of coercive measures against children under 16 years of age. Additionally, intrusive treatment measures such as segregation, force-feeding or enforced medication are not legally considered coercion in relation to children under 16 years of age. These are meas­ ures dependent upon consent from parents or others with parental responsibility. Consequently, decisions regarding the use of these types of coercion are not formally recorded as an adminis­ trative decision that otherwise would provide the basis for the right to submit a complaint. During our visits we have found that an overview of measures implemented without the consent of the youngest children, are lacking, both in the wards and in the control commissions. This is unaccept­ able. Children are more vulnerable than adults, and Bead decoration made by children admitted to one of the children and adolescent psychiatric wards we have visited. deficiencies in legislation generate an increased risk of children being subjected to human rights violations. In July 2019, a legal review committee proposed changes to the regulations concerning the use of coercion and children in healthcare services.26 Though the proposed amendments also present some challenges, they will, if adopted, strengthen the rights of children in several areas. In a consultation submission, the Ombudsman high­ lighted the need to strenghten the legal safeguards and protection of children.27 24 This is in accordance with the Constitution Section 92 and Human Rights Act Sections 2 and 3. 25 Mental Health Care Act Section 2–1 cf. Patient and User’s Rights Act Section 4–4. 26 NOU 2019: 14 Act relating to the use of coercion. 27 The Parliamentary Ombudsman's submission on NOU 2019: 14 Act relating to the use of coerion, 30 December 2019.

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