What is the basis of compulsory treatment?
Jun 01, 2020 · Compulsory drug detention and rehabilitation centres need to be closed. Instead, voluntary, evidence-informed and rights-based health and social services must be implemented in the community. This is as an important measure to curb the spread of COVID-19 and to facilitate the recovery and reintegration of those in the centres back into their ...
What is forced or compulsory psychiatric treatment?
Compulsory treatment . Data type: Categorical . Indicator Id: 2513 . Topic: Health systems resources Definition: The existence of a mechanism of compulsory treatment for people with alcohol or drug use disorders who come into contact with the criminal justice system. This could apply as an alternative to or in addition to criminal sanctions.
Is compulsory psychiatric treatment legal in Europe?
Jul 20, 2014 · In a report published earlier this month, the World Health Organization (WHO) made a clear call for broad drug policy reforms, including decriminalization of drug use, harm reduction practices such as syringe exchange and opioid substitution therapy, and a ban on compulsory treatment for people who use drugs. This report by the United Nations’ leading health agency …
Should involuntary treatment be made compulsory?
Nov 01, 2015 · In most European countries, compulsory psychiatric treatment is legally permitted. The rules on the application of such treatment vary country by country. Such measures are either ordered by court or on the basis of medical professionals’ or general practitioners’ assessments. In some countries, more than one opinion is required, in others ...
What is compulsory medical treatment?
Can people be forced to take medication?
Can someone be forced to take mental health medication?
What ethical principle does involuntary treatment violate?
How can the government force medical treatment?
Can doctors force treatment?
What is the right to refuse treatment?
Can mentally ill patients refuse treatment?
Can someone be forced to go to hospital?
Is it ethical to force treatment?
Can a person with mental illness give consent?
Is involuntary commitment good?
What is compulsory treatment in mental health?
Mental health legislation authorizes compulsory treatment for those who satisfy the criteria. Although the definitions of disability (i.e., the psychiatric criteria) are rarely specified, mental health legislation limits who can determine whether a potential patient needs compulsory treatment.
What is mandatory treatment?
Mandatory treatment has generally involved the confinement of individuals in specialized drug-treatment facilities or prison hospitals, usually with the goal of attaining abstinence. Failure to comply with any condition of the program usually results in being readmitted to a secure inpatient facility.
What is the purpose of coercion?
In addiction treatment, coercion usually refers to legal forms of coercion that involve the use of the state’s power to force individuals to undergo treatment , either in response to conviction for a drug-related crime (e.g., as in drug courts) or as a form of mandated or compulsory treatment for their addiction.
What is compulsory intervention?
Compulsory Interventions. This is probably one of the most controversial topics in the context of the IC discussion. In the medical field, compulsory measures most often refer to situations in which a person is hospitalized (isolated) and/or treated against his or her will.
What was the Supreme Court ruling in Robinson v. California?
California (1962) that determined it was unconstitutional to prosecute a person for drug addiction, judicial approaches to addiction shifted from a largely punitive approach to a broader perspective that considered treatment alternatives to incarceration.
Is coercion a normative or descriptive concept?
Coercion is both a descriptive and a normative concept. It is important, however, first to provide a descriptive account, before addressing normative, evaluative accounts. Asserting that something is an instance of coercion does not commit one to any normative assessment of it.
What is disability mental health?
Definitions of disability regarding mental health and some intellectual disabilities are very narrow and medically based. These definitions seek to balance the individual’s autonomy with his or her need for treatment and the community’s need to have the person and the community kept safe.
Can mental health problems be cured?
But mental health problems are illnesses, so they should be cured in a hospital…. People who experience mental distress may be treated by the health sector, but many argue that the nature of mental health problems is not medical but psychological and social.
What is involuntary treatment?
While for the doctors, nurses or members of the judiciary involuntary treatment represents a form of medical treatment, people subjected to coercive treatment experience it as a serious limitation of their personal freedom. Many feel threatened by the decisions taken over their lives without their consent.
What is coercive treatment?
Coercive treatment most often entails the administration of psychiatric drugs, but sometimes physical measures are also applied . The latter refer to restraint, seclusion, caged or net-beds and electroshock. In most European countries, compulsory psychiatric treatment is legally permitted. The rules on the application of such treatment vary country ...
Does involuntary treatment help recovery?
Though in theory compulsory treatment is put in place to protect patients’ lives and treat their ‘illnesses,’ reality shows that involuntary treatment does not result in recovery – in fact, experience shows that it is the cause of many irreversible problems. First of all, being involuntarily treated is a traumatic life experience that usually makes people feel overpowered by external forces; hence it contributes to an even greater distress.
What is the Soteria model?
Instead, a wide variety of strong community-based services should be developed, including alternatives to medical services. The Soteria Model has been successfully working9 since the 1970s around the world. The concept is based on the ‘recovery approach’10 and services are run by mostly non-medical personnel.
Where did the Open Dialogue approach originate?
The Open Dialogue approach originated in Finland and is helping people who experience. psychosis. It is one of the most successful models in the world, where over 80% of patients return to work. On-going research shows11 that 75% of them have no remaining sign of residual psychosis.
What happens if you are detained under the Mental Health Act?
People who are detained under the Mental Health Act then the health professionals looking after the person will make decisions about their treatment and care. This means that even if you have the mental capacity to not agree with your treatment, you won’t be able to make decisions about it.
What is the Mental Capacity Act?
The Mental Capacity Act can be used to give a person treatment for a physical health problem that has nothing to do with a mental health problem. Health professionals have to stick to a “best interests checklist”, which is designed to protect individuals when decisions are made for them.
What is an independent mental health advocate?
Independent mental capacity advocates are a form of safeguarding to help those who don’t have the capacity to make certain decisions.
Why are people detained?
People who are detained in this way because they need urgent treatment because they are at risk of harming others or themselves. A person is sectioned until a doctor decides otherwise. Families and carers can visit their relatives but sometimes if a patient refuses visitors, their wishes will be respected.
What is the MCA?
The MCA ( Mental Capacity Act) was written to empower and protect those people who lack the ability to make a decision about their own treatment and care. The MCA applies to those over 16. The MCA covers day-to-day decisions like choosing clothing, food purchases or serious decisions like moving into care homes or having major operations.
What is the DoLS in MCA?
They exist so that people in hospitals and care homes are looked after so that their freedom is not inappropriately restricted. In short, the DoLS make sure that arrangements are always in the best interests of the person, that they have a representative, that they can appeal and that there are reviews.
What is a resuscitation request?
It is a set of instructions about healthcare and medical treatment that you request to resfuse in the future should you lose the capacity to make decisions. You could, for example, say that you do not want to be resuscitated if you happen to acquire specific medical problems in the future.
Information for Service Users and their Carers
In March 2003 the Scottish Parliament passed a new law, the Mental Health (Care and Treatment) (Scotland) Act 2003. It came into effect in October 2005. It sets out how you can be treated if you have a mental illness, a learning disability or a personality disorder, and what your rights are.
Disclaimer
While we have done our best to see that the information contained in this guide was accurate and up to date when it was published we cannot guarantee this. If you have any questions about how the information might apply to you, you should discuss your concerns with a solicitor, your independent advocate or other appropriate adviser.
Does compulsory outpatient care affect mental health?
A 2014 Cochrane systematic review of found that compulsory outpatient treatment of those with severe mental health disorders "results in no significant difference in service use, social functioning or quality of life compared with standard voluntary care."
Can you be forced to do mental health treatment?
Individuals may be forced to undergo mental health treatment legally-speaking " voluntarily" under the threat of involuntary treatment. Many individuals who legally would be viewed as receiving mental health treatment voluntarily believe that they have no choice in the matter. Studies show that 51%, 35% and 29% of mental health patients have ...
What is involuntary treatment?
Involuntary treatment (also referred to by proponents as assisted treatment and by critics as forced drugging) refers to medical treatment undertaken without the consent of the person being treated. Involuntary treatment is permitted by law in some countries when overseen by ...
What is informal coercion?
Forms of coercion that do not use legal compulsion are referred to as informal coercion or leverage. Interpersonal leverage may arise from the desire to please health workers with whom a relationship has formed. Threats may revolve around a health worker helping or hindering the receipt of government benefits.
What is political abuse of psychiatry?
Political abuse of psychiatry (also known as "political psychiatry" and as "punitive psychiatry") Social control. Specific jurisdictions' provisions for a temporary detention order for the purpose of mental-health evaluation and possible further voluntary or involuntary commitment: United States of America:
What is the 5150 law?
California: 5150 (involuntary psychiatric hold) and Laura's Law (providing for court-ordered outpatient treatment) Lanterman–Petris–Short Act, codifying the conditions for and of involuntary commitment in California. Florida: Baker Act and Marchman Act.
What is the definition of persuasion?
Here persuasion refers to argument through reason. Forms of coercion that do not use legal compulsion are referred to as informal coercion or leverage. Interpersonal leverage may arise from the desire to please health workers with whom a relationship has formed.
