given a one-year transition period until 1 July 2015, based on the
Hospitalisation of Mentally Ill Persons Act and the Nursing and
Residential Homes Residence Act.
In this regard the NPM wishes to emphasise that indeed a number of
concomitant measures are necessary during the transition period in
order to prevent net beds from simply being replaced by an increased
use of mechanical restraints. Only one approach that ensures that
alternative solutions are found to the greatest extent possible
conforms to human rights principles. To this end, it is unavoidable to
increase de-escalation measures and to review the current staff
headcount. The Vienna Association of Hospitals has set up a multidisciplinary working group consisting of medical and non-medical
experts that is supposed to develop strategies for replacing net beds
and drive the implementation of these strategies forward.
Concomitant measures
necessary
As a reaction to this decree, the University Clinic for Psychiatry in Graz
ceased the use of net beds. The NPM will now carefully watch whether
this decree by the Federal Ministry of Health will be complied with in
other facilities in a timely manner.
When the use of net beds is discontinued, alternatives to measures restricting freedom must
be considered and realised.
2.2.2.3 Private security companies
In accordance with observations made by the commissions, the NPM
Report 2013 (pp. 39 et seq.) critically reflected that private security
companies are under contract and are part of the everyday operation
of some psychiatric medical facilities and are also used to help with
patients. Such findings were also made by the commissions in 2014;
the justification for this is frequently the lack of resources and the
necessary protection of staff from violence in psychiatric settings.
Humane care and treatment of persons suffering from psychiatric
ailments is a highly sensitive area due to possible intense intrusion
into fundamental human rights. Nevertheless, possibilities and limits of
the use of private security companies’ services not only in the
protection of buildings but also in fields of activity that are normally
staffed by health professionals have been disregarded. However,
there are also medical facilities that intentionally abstain from personal
security of this kind.
In fact, based on findings by several commissions (particularly
Commission 4) and agreements executed with medical facilities,
which are available to the NPM, it can be assumed that security
companies are deployed in some psychiatric medical facilities not just
sporadically or as an exception in special acute situations, but are part
of everyday operations in wards and in the care process with regard
44
Observations made by
the commissions
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