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Psychiatric and legal aspects of the use of direct coercion in special education

Błażej Kmieciak

Affiliacja i adres do korespondencji
Psychiatr Psychol Klin 2015, 15 (4), p. 202–207
DOI: 10.15557/PiPK.2015.0030
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Streszczenie

Use of direct coercion is a very peculiar situation, as it requires the use of force against another human being. Licence to take such action must be governed by the law, in the case of psychiatric care stipulated in the provisions of Mental Health Protection Act. Under this act, doctors and nurses are authorised to use such means as restraint, seclusion, and/or administration of relevant drugs under force to a patient displaying aggressive or auto-aggressive behaviour. Similar behaviours, however, can also be presented by special education students, some of who were once patients of psychiatric hospitals. Educators in schools are not allowed or authorised to use physical force against a student. What should a teacher do in a situation of aggression on the part of a student to protect their own and other people’s safety? Is it permissible in certain situations to restrain a student? Perhaps in some clearly defined cases teachers have an obligation to use force against a student with a disability? This article is an attempt to answer these questions.

Słowa kluczowe
human rights, special education, direct coercion, human dignity, mental health care