to prolong their seclusion and/or the application of restraint did not appear to
be subjected to ongoing, robust external review, and it was not clear if, how
and when their seclusion could be terminated. I was concerned to note that
discussions of what the future held for these individuals appeared to focus
on how to ‘do’ the seclusion/ restraint better, or differently – build a better
seclusion area, a new living quarter, or design a new restraint belt. But there
appeared to be very little by way of thinking about an entirely different solution
to the perceived challenges that these individuals presented (for example that
they self harm or that they are unpredictable).
In this context, it should also be noted that this would appear to violate
principles established by the Committee on the Rights of Persons with
Disabilities’ (CRPD):41
Throughout all the reviews of State party reports, the Committee has
established that it is contrary to article 14 to allow for the detention of
persons with disabilities based on the perceived danger of persons to
themselves or to others. The involuntary detention of persons with
disabilities based on risk or dangerousness, alleged need of care or
treatment or other reasons tied to impairment or health diagnosis is
contrary to the right to liberty, and amounts to arbitrary deprivation
of liberty (emphasis added).
Stark physical environments and impoverished regimes in seclusion, secure
care and segregation units
The vast majority of the seclusion rooms and segregation cells we visited- in
mental health and intellectual disability facilities, in children and young persons’
residences and in prisons- were stark in appearance and feel and contained few
furnishings and personal belongings. With one exception, where cells/rooms
had a toilet, this was a metal toilet/basin combination unit with no toilet seat or
cover. Overall, there was little to distinguish between conditions in a seclusion
room in a secure mental health unit, which is meant to provide a therapeutic
environment and a place of healing for people who are unwell, and those in a
prison segregation unit, a place of punishment for prisoners who broke a prison
rule, or indeed in a children’s care and protection residence where vulnerable
children are housed. The prison-like environment was particularly concerning in
secure care units for children, many of whom are highly likely to have suffered
previous trauma and disruption. Children could spend up to three days in
these cells.
41 Committee on the Rights of Persons with Disabilities, Guidelines on article 14 of the Convention on the
Rights of Persons with Disabilities: The right to liberty and security of persons with disabilities. Adopted
during the Committee’s 14th session, held in September 2015. Geneva: September 2015
43