o The National Human Rights Commission of Korea recommended to the Minister of Health and Welfare to make amendment to legislation related to isolation and constraint measures in mental health facilities to minimize human rights violation of patients in those facilities.
o Article 46 of the Mental Health Act prescribes when and how to use isolation and constraint measures on patient in mental health facilities and their application is based on the Guideline on Isolation and Constrain of the Ministry of Health and Welfare. However, insufficient legal basis for usage of such measures and broad scope for application often led to human rights violation.
o The NHRCK conducted a survey regarding usage of isolation and constraint measures in mental health hospitals on 500 patients and 200 medical personnel in 22 national, public and private mental health institutions across the nation in 2015.
o The survey showed that isolation and constraint measures which have to be carried out to minimum extent only when there’s no alternative were used excessively without restriction.
o Hence, the NHRCK concluded that application of isolation and constraint measures which restrict freedom of body of patients has to be prescribed under legislation rather than guidance and in order to minimize human rights violation, procedure for and documentation of such measures have to be regulated in detail.
o In addition, 80 percent of medical staff were using chemical constraint measures which uses drugs, and information regarding the drugs were not provided to patients. Such insufficient information could infringe upon the right to self-determination regarding treatment and lead to side effect or aftereffect by the drugs. The NHRCK, hence, recommended to identify current status of usage of chemical constraint.
o Moreover, there were no detailed standard regarding structure of isolation room or constraint equipment which could threaten safety and independence of patients, as well as safety of medical staff. The NHRCK made recommendation to provide education and training to related personnel including medical staff and devise measures to regulate roles and qualifications of staff and to supervise them.
o The NHRCK also recommended to study and devise alternative measures that could protect patients as the international community is making efforts to reduce usage of isolation or constrain measures and article 14 of the UN CRPD to which Korea ratified prescribes that persons with disabilities should not be deprived of liberty.
