A/HRC/43/41/Add.3
treatment of persons with “severe mental disorders” on the basis of lack of capacity to
consent, need for treatment, and/or danger to self or others. Permitted coercive
interventions include involuntary admission, shielding and isolation, mechanical and
chemical restraints, forced intake of drugs, restricted contact with the outside world and
outpatient commitment. The Health and Care Services Act (ch. 9) and the Patients’ and
Users’ Rights Act (ch. 4) also allow for the use of coercion and force against persons with
intellectual disabilities and those deemed unable to consent. Many national and
international human rights experts and bodies have extensively criticized these provisions
and their implementation.
67.
During the visit, the Special Rapporteur was informed that, despite efforts to reduce
the number of coercive measures employed, they had remained steady over the years. In
2018, a year after the Mental Health Care Act was amended, there were 7,849 involuntary
admissions to psychiatric hospitals compared to 7,704 in 2017. The number of patients aged
more than 16 with one or more decisions on coercive orders issued for them also increased,
from 1,995 in 2017 to 2,164 in 2018.16 The total number of coercive admissions for the first
quarter of 2019 amounted to 2,520, i.e. 16 per cent of a total of 15,934 admissions to
mental health care. 17 Furthermore, electroconvulsive therapy continues to be applied
without free and informed consent on the basis of the principle of medical necessity in
criminal law, despite the general prohibition of treatment that constitutes a serious intrusion
in section 4-4 (2) of the Mental Health Care Act. Coercion of persons with intellectual
disabilities, autism and dementia is also widespread and of concern. For instance, in a
report of August 2019, the Equality and Anti-Discrimination Ombud found serious
weaknesses in the administrative review of decisions on coercive measures against persons
with intellectual disabilities in the county of Hedmark. 18
68.
The Special Rapporteur acknowledges the leadership of the Ministry of Health and
its commitment to reducing coercion. In that context, in 2017 the Government appointed a
law commission to review and propose amendments to the regulation of coercion in the
health and care services contained in four laws, in order to enhance legal safeguards and
reduce the use of coercion. 19 In June 2019, the commission submitted a report proposing a
new act on the limitation of coercion, which contains important proposals and conclusions.
However, unless a human rights-based approach is integrated throughout, it will fall short
in protecting the rights of persons with disabilities. Coercive measures are not only contrary
to human rights law, but evidence shows that they are ineffective in protecting individuals
and can prevent them from seeking support.
69.
Instead of regulating exceptions to the use of coercion, discussion should focus on
systemic changes to prevent and end coercion. That includes the development of
community-based services and the provision of support, including supported decisionmaking and non-coercive responses to mental health crises. As demonstrated by the very
successful experience of two different coercion-free services the Special Rapporteur visited
in Norway – the basalt exposure therapy department of Vestre Viken Hospital Trust in
Blakstad and the medication-free department of Åsgård Psychiatric Hospital in Tromsø – it
is possible to provide quality mental health and psychosocial support without using any
form of coercion in even the most complex cases. The Special Rapporteur’s report on
disability-specific forms of deprivation of liberty contains further useful guidance
(A/HRC/40/54).
16
17
18
19
14
See www.helsedirektoratet.no/statistikk/statistikk/kvalitetsindikatorer/psykisk-helse-forvoksne/tvangsinnleggelser-i-psykisk-helsevern-for-voksne (in Norwegian).
See https://statistikk.helsedirektoratet.no/bi/Dashboard/028e6f20-6846-46df-9f3b7cf1e2c011d8?e=false&vo=viewonly and
www.helsedirektoratet.no/statistikk/statistikk/kvalitetsindikatorer/psykisk-helse-for-voksne (both in
Norwegian).
See www.ldo.no/globalassets/brosjyrer-handboker-rapporter/rapporter_analyser/tvang-2019/tvangog-makt-mot-personer-med-utviklingshemming-etter-helse--og-omsorgstjenesteloven-kapittel-9.pdf
(in Norwegian).
See www.regjeringen.no/contentassets/46b1d575199f4322b113887452e8b382/nou-2019-14.pdf (in
Norwegian).
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