Die neue Schweizer Gesetzgebung zu bewegungseinschränkenden Maßnahmen auf dem (ethischen) Prüfstand

Definition of the problem Restraint measures are still used in different medical institutions to change or influence patients’ behaviour. Arguments Mobility restrictions can constitute a deprivation of liberty and justification is always needed. Also, indications for these measures have to be clarified as the aim of treatment in patients’ health care should not be their standard application. Regarding this issue, legal regulations can be guidance for physicians in charge, the nursing staff and a supportive tool in times of uncertainty. For the first time, on 1 January 2013, a law addressing restraint measures came into force in Switzerland. The main aim of this new regulation (article 383 et seqq. ZGB) is to strengthen autonomy and personal freedom of patients. Nevertheless, it is highly important to engage in a dialogue and to question rules like this. Not only is awareness important, but the consequences for all involved persons need to be examined. The objectives of this paper are to illuminate restraining measures from two different perspectives. This will be done by a medico-ethical debate as well as by analysing the new legal regulation in Switzerland. Conclusion Even though the introduced articles provide a detailed regulation about “Restrictions of freedom of movement”, not all existing regulatory gaps are filled. The new Swiss legislation can only be called a first step in the right direction. More information on the practical application is urgently needed and should be developed as soon as possible.