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NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2020
Foreword
2020 was an unusual year for the Parliamentary Ombudsman’s National
Preventive Mechanism (NPM). The COVID-19 pandemic changed the risk
picture and highlighted the vulnerability of new groups of people. Development
of new methods and visits to new sectors therefore became important. In the
spring of 2020, the NPM conducted several visits to child welfare institutions
and institutions within mental healthcare for children and adolescents. The
autumn was spent conducting visits to care homes for elderly and to shared
accommodation for persons with intellectual disabilities.
The year began with a public hearing in the Storting’s
Standing Committee on Scrutiny and Constitutional
Affairs, concerning the Parliamentary Ombudsman’s
Special Report to the Storting on solitary confinement
and lack of human contact in Norwegian prisons.
Participants were the Minister of Justice and Public
Security Jøran Kallmyr, Minister of Health and Care
Services Bent Høie, and the leaders of the Norwegian
Correctional Service and Directorate of Health. A
Special Report is the most powerful instrument held
by the Parliamentary Ombudsman, and the report
is based on findings from the National Preventive
Mechanism’s (NPM’s) visits to nineteen Norwegian
prisons over five years. The fact that the Committee
decided to hold a public hearing represented an
important milestone for the work on restricting the
use of solitary confinement in Norwegian prisons.
The year started as planned with regard to the
NPM's visit activities; with visits to private child
welfare institutions and mental healthcare insti
tutions for children and adolescent. Children and
adolescents deprived of their liberty are particularly
vulnerable to violations of their integrity, and there
fore have a right to special protection. One finding
described in a separate article in Chapter 3 of the
annual report, is that children who are admitted
to mental health institutions can be subjected to
extremely intrusive forms of coercion. Despite the
fact that several human rights bodies recommend
prohibition of coercive means and segregation
in relation to children, the Mental Health Care
Act permits administration of strong medication
without the consent of the child in acute situations,
and the use of restraints beds and segregation of
children over 16 years of age. Another finding is
that the local control commissions lack a common
approach to children admitted to institutions,
and that the practices of some commissions are
problematic in relation to children’s legal protection.
We also look more closely at the risk of violations of
children and adolescents’ rights in situations where
children under the care of child welfare agencies
involuntarily live alone with adult staff. Isolation is
not permitted at child welfare institutions. Accord
ing to child welfare legislation isolation occurs
when a child is being kept apart from his/her peers
at the institution, with contact with staff only.
Our findings indicate that many of the so-called
“enetiltak”, where children are placed separately
from other childern, conflict with the prohibition
against the use of segregation. The investigations
carried out by the NPM of this issue are presented
in more detail in the second article in Chapter 3.
The year has also been characterised by the
pandemic. When society went into lockdown in
March, the Parliamentary Ombudsman decided to
temporarily suspend planned visits. The infection
situation and the “do no harm” principle were the
main reasons behind this decision.