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Human
Rights
Cage
Beds, Central Europe
ORAL QUESTION
H-0776/03
for Question Time at the part-session in December 2003
by John Bowis to the Commission.
Subject: Caged beds.
Is the Commission
aware of the continued use of caged beds in four accession countries,
Czech Republic, Hungary, Slovakia and Slovenia? This practice involves
the locking into caged beds, sometimes for weeks and months at a
time, of elderly people with dementia and others of all ages with
a mental health or behavioural problem. It is widely seen, both
internationally and within the countries concerned, as a human rights
abuse and an archaic method of containment and restraint. It is
not used in any EU Member States or in any other accession country.
Will the Commission
welcome moves in the four countries to review and reduce the use
of caged beds and work with them to agree a timetabled phasing out
of all such beds?
ANSWER &
DEBATE 17 DECEMBER 2003:
Verheugen,
Commission.
(DE) May I on this question too make a brief political preliminary
remark? I am sometimes slightly surprised that the Commission is
asked questions that give the impression that we are responsible
for all possible circumstances in the future Member States, as though
we had powers in areas where there is definitely no Community competence.
We are dealing
here with a question where we do not even know what the situation
is in the Member States. All the same, we have been able to do something,
because the Copenhagen criteria do apply for the future Member States
and the Copenhagen criteria help us to take action in such matters.
But then we must always treat them as human rights matters. I had
to say that first.
So far as the
problem of caged beds is concerned, which you raise in your question,
the Mental Disability Advocacy Center, an international organisation
for the promotion and protection of the rights of people with mental
disabilities, presented a report to the European Parliament on 17
June. You know that, of course. That report points out that caged
beds are still used to restrain people with mental disabilities
in four accession countries, namely the Czech Republic, Hungary,
Slovakia and Slovenia. On the strength of that reports findings,
the Commission immediately contacted the countries concerned in
order to investigate the present situation precisely and called
on the authorities of the countries concerned to inform the Commission
of the existing circumstances.
The Commission
then received the information requested and it appears that the
situation has already improved by comparison with the report simply
as a result of the Commissions enquiry. The Slovenian authorities
informed us that caged beds are no longer used in Slovenia. In Slovakia,
the Czech Republic and Hungary they are still used in a very few
exceptional cases and strict guidelines must be followed. The countries
concerned have however conceded that efforts to introduce more modern
methods of psychiatric care may for the present be hampered by insufficient
staff resources.
The Commission
has information that the Slovak Government has taken relevant measures
and is at present working on a plan to phase out caged beds. The
Czech Government has assured the Commission that it is investigating
the matter in detail in order to provide us with more precise information
about the occasional use of caged beds. In Hungary the number of
caged beds has already fallen steadily. The very few establishments
where such beds are used are regularly monitored and ways are being
sought that will allow these terrible beds to be abolished.
If I may make
a brief assessment, I think we are faced here with a phenomenon
that gives us a glimpse into the sometimes horrifying past of psychiatry
and that we really must be shocked at what we see. I am sure we
all agree that such methods have no place in modern psychiatry.
The Commission will therefore be using every means at its disposal
to pursue this matter further and we shall not cease until the last
caged bed has vanished from each of these countries.
Bowis
(PPE-DE). Mr President, I wholeheartedly welcome the Commissioner's
last statement, which is absolutely right. There is no place for
caged beds or anything like them in a modern psychiatric service.
I was astonished
by his opening political statement. If he does not know, I can tell
him that there are no caged beds in any existing Member State. There
are no caged beds in any other accession country apart from these
four. They are a legacy of the Austro-Hungarian Empire and so the
only other country that could have had them in the past was Austria,
and that is no longer the case.
I recently spoke
at a conference in the senate in Prague when this issue was being
debated. One of the speakers was a young man called Michael, a 29-year-old
who had been put in one of these caged beds for a week, unable to
get out. Not surprisingly his health suffered. They are caged in
the sense of there being iron bars or nets. There are safety consequences,
because people have died in these beds. As the Commissioner said,
it is a human rights issue. That is why it is an accession issue.
That is why, when we looked at Slovenia, we incorporated a question
about their new mental health legislation in our report of two years
ago. That is why I very much welcome the pressure that the Commissioner
is putting on these countries. Hungary has already responded; Slovenia
is now responding; the Czech Republic not yet; and for Slovakia
we wait to see.
Verheugen,
Commission. (DE) Mr Bowis, I am happy to admit that the Commission
cannot know everything. Unfortunately there is no acquis that would
allow us to gather accurate information from the current Member
States. However, I am happy to follow up your comments. What is
more, I believe that our assessments coincide. If you receive information
about individual or recurring cases of this kind, please do not
hesitate to contact me directly and in person. I have no problem
picking up the telephone in such cases and contacting the relevant
Head of Government himself in order to explain what we expect from
him and his country.
As regards the
Czech Republic, I had an opportunity to speak to the relevant members
of the government just a few days ago in the course of a visit to
Prague. I expect an answer from Prague very soon, and that will
point the way forward.
McKenna
(Verts/ALE). I agree with Mr Bowis. This is a human rights
issue and the European Union has certain possibilities open to it.
There are provisions in the Nice Treaty meaning that once these
countries are full Member States of the EU, they can be sanctioned.
Austria, for example, was sanctioned by the European Union although
it did not actually breach human rights: in fact a political party
was elected with which most of us could not agree.
So the accession
countries have to be warned about the possibility of sanctions being
imposed on them if they continue to violate human rights. It will
speed up the process of getting rid of this unsatisfactory situation.
Verheugen,
Commission. (DE) As I understand it, Mrs McKennas political
statement contains a question as to what I think of it. It is one
that I am happy to answer. I agree with you, Mrs McKenna. I agree
with you except on one point: the European Union has never implemented
sanctions against Austria. This must be made very clear. It was the
Member States, acting as sovereign states, who introduced restrictions
on bilateral relations. The EU as such never imposed any sanctions
on Austria. Like you, I believe that we cannot allow double standards
on human rights in the European Union. This means that if we deal
with a matter as a human rights issue, it will be treated as such
across the board. Consequently, if we identify human rights abuses
relating to psychiatric treatment, we have to address the issue in
all Member States, both new and old. Obviously, this can still be
done after accession, since the relevant Treaty provisions will remain
in force the provisions that refer to the need to obey and
respect the fundamental values on which the European Union is built.
There is no doubt that these values include respect for human rights. |