A hospital that prohibited patients in closed wards from using mobile phones has received a corrective recommendation from the National Human Rights Commission.
On July 4, the Commission announced that it had recommended the hospital director, who banned mobile phone use by patients in closed wards, to allow mobile phone use in principle and, when restricting use, to record the reason in the patient's medical records.
This recommendation was issued in response to a complaint filed by a former patient of a closed ward, who claimed that the blanket ban on mobile phone use constituted a human rights violation.
At the time, the hospital allowed patients in open wards to use mobile phones, but imposed an indefinite ban on mobile phone use for patients in closed wards. The hospital did not post any notices regarding these restrictions, and patients were only informed verbally when they inquired.
The hospital stated that, upon admission to the closed ward, it routinely recorded in the medical records that "mobile phone use is restricted for therapeutic purposes and may be allowed with the attending physician's approval if symptoms improve." The hospital also argued that, except during sleeping hours, patients could use public telephones, so there was no procedural problem.
The Commission stated, "The Mental Health and Welfare Act stipulates that even if a doctor restricts freedom of communication for therapeutic purposes, it must be limited to the minimum necessary. Therefore, imposing a blanket ban on possession of mobile phones during admission to a closed ward constitutes a human rights violation." The Commission further noted, "Any restriction of constitutional fundamental rights must be minimized, and the period of restriction must be specified so that the rights holders can predict the extent of the prohibited rights."
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