NHRCK: "Violation of the Right to Dignity, Privacy, and Personal Freedom"
"Necessary Measures Such as Installing Privacy Screens Must Be Taken"
The National Human Rights Commission has issued a corrective recommendation, citing "human rights violations," against a psychiatric hospital that required a hospitalized COVID-19 patient to urinate in a room equipped with closed-circuit (CC) TV.
On June 5, the Commission announced that it had recommended the director of a psychiatric hospital in Busan to take necessary measures, such as installing privacy screens, when infectious disease isolation patients use the restroom, and to provide human rights education to staff to prevent similar incidents in the future. The Commission also recommended correcting the hospital's policy of routinely prohibiting inpatients from bringing in mobile phones.
Patient A, who was admitted to the hospital, filed a complaint with the Commission, claiming that their human rights were violated when, after testing positive for COVID-19 and being isolated in a single room with CCTV, the hospital only allowed the use of a portable urinal in the room. The patient also raised concerns about the hospital's ban on mobile phones from the time of admission, citing internal regulations.
The hospital explained, "Patient A was scheduled to be discharged for self-quarantine on the same day, but since confirmed cases are not allowed to use the shared restroom, a portable urinal was provided for urgent needs until the guardian arrived." Regarding the mobile phone ban, the hospital stated, "This is to prevent risks that may arise from recording and filming," adding, "We require patients to sign a consent form regarding this policy upon admission."
However, the Commission determined that the hospital had violated Patient A's human rights. It pointed out that requiring the use of a portable urinal without any privacy measures in a room with CCTV infringed upon the patient's constitutional rights to dignity, privacy, and personal freedom.
The Commission also found that the blanket restriction on communication violated guidelines from the Ministry of Health and Welfare. Under the current Mental Health Welfare Act, restrictions on inpatients' communication and visitation rights are only allowed to the minimum extent necessary for psychiatric treatment by a specialist, and such restrictions must be documented and preserved. However, the hospital had implemented a uniform policy rather than making decisions based on individual diagnoses and prescriptions, and had failed to record specific reasons for or durations of the restrictions, according to the Commission.
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