Read The Times Australia

Daily Bulletin

Four Corners: is using restraints akin to torture?

  • Written by: Bernadette McSherry, Foundation Director, Melbourne Social Equity Institute, University of Melbourne
image

Monday night’s ABC Four Corners program on the treatment of detainees in juvenile detention in the Northern Territory was devastating viewing. Prime Minister Malcolm Turnbull’s subsequent announcement of a royal commission to investigate is to be applauded.

One of the many concerns raised was the use of what are termed “restrictive interventions” to control behaviour. The vision of the use of brute force to restrain a child, strip him and leave him crying in distress, as well as the image of a hooded figure sitting strapped to a chair, are difficult to erase.

What restraints are used?

The use of various forms of restraint to control behaviour occurs in a wide range of institutional and other settings. However, it is controversial due to the adverse physical and psychological effects that may result.

There are different definitions of restraint used in legislation across Australia. Tasmania’s Mental Health Act defines three different forms of restraint:

  • physical restraint: “bodily force that controls a person’s freedom of movement”;

  • mechanical restraint: “a device that controls a person’s freedom of movement”; and

  • chemical restraint: “medication given primarily to control a person’s behaviour, not to treat a mental illness or physical condition”.

But, there are no universal definitions. And there are gaps in regulation and oversight. There is also no formal, routine, nationally agreed data collection and reporting framework for the use of restraint.

In health-care settings, regulation occurs primarily under mental health and disability services legislation, as well as through a range of policy directives and guidelines.

In Australia, deaths have resulted from:

Physical injuries have also been reported during the use of physical and mechanical restraint. The Victorian Ombudsman recently investigated claims by five patients in a mental health facility that they had been dragged by their hair, sustained injuries to their shoulders from having their arms and hands held behind their back, and experienced bruising and grazing to their forehead and legs after being physically restrained.

Experiences of physical and mechanical restraint have been reported as overwhelmingly negative, associated with immediate escalation of distress, and intense feelings such as despair, shame, terror and rage.

What does the law say?

The United Nations Special Rapporteur on Torture has called for an absolute ban on the use of restraint in health-care settings. There are strong arguments that there should be an absolute ban in the use of restraints on children in institutional settings.

Article 7 of the International Covenant on Civil and Political Rights states:

No-one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 4 clarifies there can be no exemptions from this provision.

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment also provides a globally significant framework for combating torture and inhuman treatment. Article 1 defines torture as:

Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as … intimidating or coercing him [or her] or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

What was shown on Four Corners last night was cruel, inhuman and degrading treatment – if not torture.

Research has found any reduction in the use of restraint in health-care settings requires a commitment to workforce development so there is a sufficient number of staff as well as education, supervision and accountability of both staff and management.

This should apply to all institutional settings – lest the events at Don Dale detention centre be just the tip of the iceberg.

Authors: Bernadette McSherry, Foundation Director, Melbourne Social Equity Institute, University of Melbourne

Read more http://theconversation.com/four-corners-is-using-restraints-akin-to-torture-63037

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...