NHRCK: "Isolating or Restraining Psychiatric Patients Without Violent Behavior Constitutes a Human Rights Violation"

The National Human Rights Commission of Korea (NHRCK) announced on September 16 that unjustified isolation or restraint of patients in psychiatric hospitals, when there are no special circumstances, constitutes a violation of human rights.

Yonhap News

According to the NHRCK, a patient hospitalized in a psychiatric hospital filed a complaint with the commission in March, claiming that they were unjustly isolated and restrained despite not exhibiting any violent behavior.

The hospital argued that it had informed the patient in advance during the admission process that isolation or restraint could be implemented in the ward, and therefore saw no issue. However, the NHRCK determined that isolation and restraint should only be carried out based on specific circumstances and reasons, and should not be implemented arbitrarily on the basis of a patient's general prior consent. In this context, specific circumstances refer to situations outlined in the Ministry of Health and Welfare's 'Guidelines on Isolation and Restraint,' such as a risk of suicide or self-harm, or a high level of violence that poses a danger to others.

The NHRCK pointed out that the hospital's isolation and restraint records were based on the pre-2019 version of the Ministry of Health and Welfare's guidelines, and emphasized the need to use record forms that comply with the current guidelines. In addition, the NHRCK recommended that the hospital provide job training for all staff members so they fully understand the legal requirements and documentation procedures when implementing isolation and restraint.

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