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Restraints in health care: principles and difficulties of their use

Publication at Faculty of Humanities |
2016

Abstract

The paper aims to explain legal differences between various practices in care that result in restriction of free movement of a patient. It addresses the use of force while managing challenging behaviour.

The use of force demands an explicit legal grounding, that is provided by the Health Care Services Act through the institute of the restraining measure. Further, the text summarizes basic legal principles and rules for the application of restrains and introduces the related standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment (CPT).

On the example of bed rails the text introduces the principle of proportionality in use of other free movement restraining measures as a part of a care provided.