Publications by authors named "Tim Opgenhaffen"

There is a global initiative to reduce the use of restrictive care practices in mental health settings. Variations in the reported rates across regions complicate the understanding of their use and tracking trends over time. However, it remains unclear whether these discrepancies reflect real differences in the implementation of these practices or are sourced from inconsistencies in incident classification and reporting methods.

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Unlabelled: WHAT IS KNOWN ON THE SUBJECT?: Seclusion and restraint still regularly occur within inpatient mental health services. The Council of Europe requires the development of a policy on for instance age limits, techniques and time limits. However, they only define the outer limits of such a policy by indicating when rights are violated.

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This contribution analyses the approach of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to means of restraint in residential psychiatric and disability care. Generally, the CPT states that means of restraint can only be applied in cases of acute danger, and if all alternatives have failed. Detailed and strict conditions apply, including for the duration (usually minutes rather than hours).

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This contribution examines deprivation of liberty in Belgian healthcare within the frameworks of the ECHR and CRPD. We develop and apply an ECHR-based framework to demonstrate that it is not the admissions to care facilities based on Belgium's involuntary commitment law that give rise to the unjustified deprivation of liberty, but those based on representation regimes. This can be remedied by broadening Belgium's involuntary commitment law.

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