Torture not Treatment - Disability Rights International

TORTURE NOT TREATMENT
Laws on physical restraint violates Convention against Torture
Despite promising ―freedom from discomfort, distress, and deprivation which arise from an
unresponsive and inhumane environment,‖ 175 the Massachusetts regulations designed to protect
children with disabilities in any program funded by the Department of Developmental Services
create gaping holes that leave children and adults at JRC without adequate protections. The use
of physical restraints are inherently dangerous and create risk of severe emotional trauma –
particularly for children. 176 Thus, it is widely understood that physical restraints should only be
used as an emergency measure to protect against imminent harm. 177
In contrast with the regulation of restraints for purposes of ―behavior modification,‖
Massachusetts regulations create detailed procedural protections to limit the use of restraints in
emergency situation where there is an imminent threat of self-injurious behavior, physical assault
or other danger. 178 In addition, Massachusetts prohibits the use of ―continuous‖ physical or
mechanical restraint beyond a 6 hour period 179 and ―non-continuous‖ restraint beyond 8 hours. 180
The regulation has additional procedural safeguards in place when restraints are used on children
(―any minor placed in mechanical restraint or physical restraint shall be examined within fifteen
minutes….‖ 181 And restraints ―exceeding one hour in any 24 hour period‖ must be reviewed and
reported to the Department of Developmental Services 182 ).
Once at JRC, many students are restrained and kept isolated in a small room with one staff
person, and ―inappropriate major behaviors‖ are documented until the school has amassed
enough evidence to ask for court approval for the use of the electric shock.
I was always in restraint when I came to JRC... Being in restraints wasn‟t helping me
so I wanted GED…I had 20,813 problem behaviors in 5 months before the GED. –
JRC video testimonial of student in support of GED, JRC website
I was kept in a small room, isolated. One staff and me for a year and a half. – JRC
video testimonial in support of GED, JRC website
I was in restraints constantly…I was in an isolated room. Then I went on the GED
– JRC video testimonial in support of GED, JRC website
In theory, even with all these protections, the regulation on emergency restraints would be
subject to tremendous abuse. In practice, the regulation permitting emergency restraints does not
speak to the use of restraints for eight hours day after day. The pain and suffering that can be
caused by a lifetime of eight hour days in restraints is almost limitless.
Yet Massachusetts does not include these limited protections for children or adults subject to a
―behavior plan.‖ Any use of restraints as part of an approved behavior modification plan, is
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