In 2004 the Mental Health Commission published a report on the use of seclusion in New Zealand. Later that year the Human Rights Commission published Human Rights in New Zealand Today (HRNZT). HRNZT reflected the findings of a consultation that had taken place over thepreceding year and which was designed to identify how New Zealanders felt their human rights were protected at present and where there was room for improvement. Among the issues identified by participants was the inappropriate use of seclusion and the need for more information on current practice in meeting human rightsstandards for the care and safety of mental health service users.
HRNZT was used to develop an action plan, Mana ki te Tangata: The New Zealand Action Plan for Human Rights. Among the actions is a proposal that the Human Rights Commission and the Mental Health Commission collaborate on a project to clarify human rights issues relating to the use of seclusion. In August of 2007 the Mental Health Commission asked the Human Rights Commission to progress the issue as a matter of some urgency given its relevance to their work on compulsory interventions in mental health services.
This paper looks at the implications of New Zealand’s international commitments in greater depth, and applies a human rights analysis to the present legislative regime and practice relating to seclusion. Initiatives and relevant jurisprudence from other countries are also discussed in order to provide an indication of how human rights criteria are increasingly influencing what is considered to be acceptable clinical practice. Prior to this, a brief definition of seclusion and a summary of the key passages relating to human rights in the Mental Health Commission’s Report will be presented.