NATIONAL HUMAN RIGHTS COMMISSION OF KOREA Submission to the Committee on the Rights of Persons with Disabilities – July 2022 Article 15 Freedom from torture, etc. 15-1 Forced treatment □ Current status and problem ㅇ The government said in the report that it has ensured the elimination of inhuman forced treatment against persons with mental disabilities through the enforcement of the Mental Health and Welfare Act. However, there is no shelter for patients in psychiatric crisis including those making remarks warning or implying suicide, and they were often forced to be hospitalized in a mental health institution.17 ㅇ Article 75 of the Mental Health and Welfare Act which prohibits restrictions such as isolation rather serves as a grounds that legally allow isolation and constraint as when medical staff documents the reason and content of isolation and constraint, title of disease and symptom, start and end times, order and performer, pursuant to Article 51 of the Enforcement Rule of the same act, appropriateness of isolation and constraint is not questioned. ㅇ The notice of the Ministry of Health and Welfare on isolation and constraint allows isolation and constraint for the purpose of preventing harm to oneself and others such as the high risk of suicide or self-harm, high risk of harming others due to violence or high risk of harming the patient’s own health mentally or physically. In addition, isolation and constraint are allowed when there is a high possibility of serious damage to the ward environment such as damage to property and thus it allows an excessively comprehensive scope. In addition, a situation when isolation and constraint is allowed is defined only as a situation where the risk cannot be prevented or controlled with measures other than isolation and constraint, without presenting detailed interpretation, the practice of isolation and constraint without seeking other measures continues. ㅇ Meanwhile, the use of psychiatric medicine is under the full control of medical personnel, and there is no regulation on the use of drugs for behavioral control. However, given that the European Committee for the Prevention of Torture has 30