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Title: | Means of restraint in residential care when there is no acute danger. Time for the European committee on the prevention of torture to set the standard | Authors: | OPGENHAFFEN, Tim PUT, Johan |
Issue Date: | 2022 | Publisher: | PERGAMON-ELSEVIER SCIENCE LTD | Source: | INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY, 83 , (Art N° 101807) | Abstract: | This contribution analyses the approach of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to means of restraint in residential psychiatric and disability care. Generally, the CPT states that means of restraint can only be applied in cases of acute danger, and if all alternatives have failed. Detailed and strict conditions apply, including for the duration (usually minutes rather than hours). However, an analysis of the CPT's country reports shows that sometimes longer-term use is implicitly accepted, first to preventively maintain order and safety in a care facility and second, to protectively safeguard the interests of the patient. Based on country reports and general human rights principles, this contribution tries to provide the clearest possible picture of the conditions for applying means of restraint and the required legal guarantees in these cases. Nevertheless, many loose ends remain. To safeguard the rights of patients, it is desirable that the CPT is more explicit concerning means of restraint when there is no acute danger. | Notes: | Opgenhaffen, T (corresponding author), Blijde Inkomststr 19,Box 3409, B-3000 Leuven, Belgium. tim.opgenhaffen@kuleuven.be |
Keywords: | Means of restraint; Seclusion; European Committee for the Prevention of;;Torture; Psychiatric and disability care | Document URI: | http://hdl.handle.net/1942/37644 | ISSN: | 0160-2527 | e-ISSN: | 1873-6386 | DOI: | 10.1016/j.ijlp.2022.101807 | ISI #: | WOS:000810913200001 | Rights: | © 2022 Elsevier Ltd. All rights reserved. | Category: | A1 | Type: | Journal Contribution | Validations: | ecoom 2023 |
Appears in Collections: | Research publications |
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