Human Rights Commission Recommends Correction to Psychiatric Hospital for Forcing Patients to Wear Diapers

"Infringement on Dignity and Privacy... No Specific Justification Provided"

The National Human Rights Commission of Korea has determined that forcing patients to wear diapers for "management convenience" rather than for therapeutic purposes constitutes a violation of human rights.

National Human Rights Commission of Korea, Jung-gu, Seoul. Yonhap News Agency

On March 5, the Commission announced that it had recommended corrective actions to the director of a certain psychiatric hospital who forced patients to wear diapers, as well as to the head of the relevant local government. The Commission advised the hospital director to ensure that the use of diapers is implemented only in unavoidable circumstances and kept to the minimum necessary, with the reasons clearly recorded in the medical records. The Commission also recommended that all staff members receive training to prevent recurrence. For the head of the relevant local government, the Commission urged stronger guidance and supervision of psychiatric hospitals within their jurisdiction to ensure that no patient is forced to wear diapers against their will.

The complainant filed a petition claiming that the hospital had unjustly isolated and restrained them and, in the process, forced them to wear diapers, thereby violating their human rights. The hospital explained that patients in a state of restraint may have difficulty managing urination or defecation, and therefore may need to change into hospital gowns. However, they stated that since the patient refused, the diapers were placed over their pants.

According to the Commission’s investigation, the hospital did not make an individualized assessment as to whether the use of diapers was medically unavoidable for the patient, nor did it clearly document the specific reasons in the medical records. It was also found that the patient had not received sufficient prior explanation.

The Commission’s Committee on the Elimination of Discrimination against Persons with Disabilities concluded that the measure was taken primarily for the convenience of patient management, rather than as an unavoidable therapeutic act to protect life or physical safety. Accordingly, the Commission determined that this went beyond what was medically necessary for treatment and infringed upon the patient’s dignity, privacy, and freedom.

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