August 24- The NHRCK stated that a mental health facility “A” in Gyeonggi Province has committed an act of human rights violation when it restricted the inpatients from communicating with the outside and when it made them participate in hospital chores.
Regarding the incident, the NHRCK recommended that the Director of the facility A △ limit the patients’ communication with the outside world only for medical reasons, in which case a clear judgment and instruction of a doctor in charge must be provided—as stipulated in Article 45 of Mental Health Act △ involve patients in hospital chores only when doctors in charge judge that it is necessary for medical purpose.
Mr. B filed a complaint with the NHRCK in March, stating, “During the hospital stay of one of my friends in the facility A, the staffs there made her do chores and restricted phone calls with her family.”
The Mental Health Act stipulates, “Freedom of communication of inpatients shall be limited to the minimum extent, only when it is deemed to be necessary for medical purpose.” It also states that “The occupational therapy shall be conducted with a patient’s agreement, by a method instructed by a medical specialist, given that it does not run counter to the course of the patient’s medical treatment.”
The NHRCK concluded that the mental health facility A violated the right to pursue one’s happiness and freedom of communication, both of which are assured by the Constitution.
The NHRCK has received a number of related complaints and thus has made efforts to improve the situation with respect to freedom of communication and involuntary involvement in occupational therapy for mental inpatients. Some of the problems are widely left untended in some facilities and the NHRCK plans to actively involve itself in alleviating the problems.
