Forced Diaper Use in Psychiatric Facilities Ruled "Human Rights Violation"
Hospital Director Recommended to Document Justifications in Medical Records and Conduct Staff-Wide Training
The National Human Rights Commission of Korea (NHRCK; Chairperson Ahn Chang-ho) issued a corrective recommendation on February 19, 2026, to the director of ○○○ Hospital (a psychiatric facility; hereinafter "the respondent hospital") and the Mayor of ○○ City, ○○ Province, following a finding of human rights violations against a patient.
Background
The complainant, a patient admitted to the respondent hospital, filed a complaint alleging that the hospital had subjected them to unjustified isolation and physical restraint, and in the course of doing so, had forcibly placed them in a diaper, constituting a violation of their fundamental human rights.
The hospital responded that staff had explained to the complainant, prior to applying physical restraints, that managing bodily functions during restraint could be difficult, and had suggested changing into a hospital gown. When the complainant refused, staff placed a diaper over the complainant's clothing.
Findings
Upon investigation, the NHRCK found that the respondent hospital had:
- Failed to conduct an individualized assessment of whether diaper use was medically necessary for this particular patient;
- Failed to clearly document the specific reasons for the measure in the patient's medical records; and
- Failed to provide the complainant with sufficient prior explanation before carrying out the measure.
The NHRCK's Committee on the Rights of Persons with Disabilities (Sub-committee Chair: Standing Commissioner Lee Suk-jin) determined that the hospital's decision to place the complainant in a diaper appeared to have been driven primarily by convenience in patient management, rather than constituting a therapeutically unavoidable measure necessary to protect the patient's life or physical safety.
The Commission concluded that the measure exceeded the minimum scope of what could be justified on therapeutic grounds, and was carried out in a manner that undermined the patient's dignity without direct relevance to their safety, thereby violating the complainant's human dignity and the right to privacy.
Recommendations
The NHRCK issued the following recommendations:
- To the hospital director: Ensure that diapers are used only when medically unavoidable and strictly to the minimum extent necessary, with the specific reasons documented in the patient's medical records. The hospital is also recommended to conduct training for all staff to prevent recurrence.
- To the Mayor of ○○ City (through the local public health authority): Strengthen oversight and supervision of psychiatric facilities in the jurisdiction to ensure that patients are not subjected to diaper use against their will in ways that infringe upon their dignity and personal rights.
