Full Answer
What is the basis of compulsory treatment?
In most legal systems in Europe, the basis of compulsory treatment is the presumption that the person concerned poses a serious risk towards him or herself or towards others.
Is compulsory psychiatric treatment legal in Europe?
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.
Should involuntary treatment be made compulsory?
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.
What is forced or compulsory psychiatric treatment?
While there are different definitions of forced or compulsory psychiatric treatment under different national legislations, this term is generally used when someone is subjected to medical treatment against his or her own will.
Can people be forced to take medication?
In most cases, you cannot be forced to take medication. If you are offered medication, you usually have the right to refuse it and ask for an alternative treatment.
What is deinstitutionalization in psychology?
Deinstitutionalization is the name given to the policy of moving severely mentally ill people out of large state institutions and then closing part or all of those institutions; it has been a major contributing factor to the mental illness crisis.
What is forced hospitalization called?
Forced hospitalization means keeping someone in the hospital against his will. It's also called involuntary confinement or civil commitment.
Can you be forced to take medication UK?
You cannot legally be treated without your consent as a voluntary patient – you have the right to refuse treatment. This includes refusing medication that might be prescribed to you. (An exception to this is if you lack capacity to consent to treatment.)
Who introduced Deinstitutionalisation?
The policy of deinstitutionalisation came to be known as Care in the Community at the time it was taken up by the government of Margaret Thatcher. Large-scale closures of the old asylums began in the 1980s.
When did deinstitutionalization end?
1967 Reagan signs the Lanterman-Petris-Short Act and ends the practice of institutionalizing patients against their will, or for indefinite amounts of time. This law is regarded by some as a “patient's bill of rights”.
Why is it called Baker Act?
The Act, usually referred to as the “Baker Act,” was named after Maxine Baker, former State Representative from Miami who sponsored the Act, after serving as chairperson of the House Committee on Mental Health.
Can a hospital force you to stay?
Health professionals can't threaten to section you to make you agree to treatment or to stay on the ward if you don't want to.
What's the meaning of 5150?
The 5150 legal code allows “a person with a mental illness to be involuntarily detained for a 72-hour psychiatric hospitalization.” This means that someone experiencing a severe mental episode or condition can be detained against their will for up to 72 hours, if they meet at least one of the requirements of being a ...
Can NHS refuse treatment?
You have the right to refuse any tests or treatment, as long as you have the mental capacity to make that decision. A health professional must not give you any treatment unless you have agreed.
Can a nurse force a patient to take medication?
Because a client legally has the right to refuse medication, the nurse can only recommend, advise, suggest, or urge the patient to comply. Consequently, it is important to understand the nurse's response to patient refusal of medication.
What is the right to refuse treatment?
Every competent adult has the right to refuse unwanted medical treatment. This is part of the right of every individual to choose what will be done to their own body, and it applies even when refusing treatment means that the person may die.
What should countries do to reduce incarceration?
Countries should work toward developing policies and laws that decriminalize injection and other use of drugs and, thereby, reduce incarceration. Countries should work toward developing policies and laws that decriminalize the use of clean needles and syringes (and that permit NSPs [needle and syringe programs]) and that legalize OST ...
What is the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances?
He noted that although the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances permits countries to criminalize the personal use of drugs, it also allows "as an alternative to conviction or punishment ... measures for the treatment, education, aftercare, rehabilitation or social reintegration of the offender."
Should countries ban mandatory treatment for people who use and/or inject drugs?
Countries should ban compulsory treatment for people who use and/or inject drugs. The recommendations refer specifically to the decriminalization of personal drug use, not the decriminalization of drug cultivation, production and trafficking, Dr. Andrew Ball of the WHO told HuffPost. He also said that the global organization is not calling for ...
Who is the senior adviser on strategy, policy and equity in the WHO's Department of HIV?
He also said that the global organization is not calling for the legalization of drugs worldwide. Ball is senior adviser on strategy, policy and equity in the WHO's Department of HIV, which produced the report.
Is decriminalization precedent?
Ball added that "there is increasing interest in applying such flexibility in the interpretation of the Convention on public health and human rights grounds.". Actual decriminalization is not without precedent either. Some countries have begun to consider it for some or all illicit drugs.
Abstract
This is the first detailed examination of compulsory detention for ‘drug treatment’ through the lens of a rapidly evolving international legal framework.
1. INTRODUCTION
In June 2020, a group of thirteen United Nations agencies—including the Office of the High Commissioner for Human Rights, the World Health Organization, the UN Office on Drugs and Crime and UNICEF—released a joint statement calling for the closure of all compulsory drug detention and rehabilitation centres in the Asia Pacific region.
3. WHEN IS DETENTION ARBITRARY?
The prohibition of arbitrary detention is integrally linked to the broader right to liberty.
4. DOES DRUG USE CONSTITUTE A REASONABLE LIMITATION ON THE RIGHT TO LIBERTY?
Does drug use or dependency constitute a legitimate or legal limitation on the right to liberty and security? Some make the case that the use of involuntary detention and compulsory treatment are both justified and human rights compliant given the nature of drug use and ‘addiction’.
C. The Approach of the International Drug Control Treaties
While detention in the name of ‘drug treatment’ is unacceptable under international human rights law, is there anything within the international drug control treaties that would suggest a legal authority for such compulsory detention and treatment? Article 38 of the 1961 Single Convention on Narcotic Drugs does contain a specific article on drug treatment.
5. CONCLUSION
Compulsory drug detention is an issue that engages multiple areas of human rights law—including the right to liberty, the right to health, the right to consent to treatment and the prohibition of inhuman and degrading treatment—as well as obligations in international drug control law to suppress use of illicit drugs and provide treatment to people who are drug users.
Footnotes
Hon. H. Ellenbogen, Representative of the United States. United Nations Conference for the Adoption of a Single Convention on Narcotic Drugs (1961), United Nations Conference for the adoption of a Single Convention on Narcotic Drugs: Official Records Vol. I (1964) A/CONF.24/24 at 103.
Why is WHO calling for all countries to decriminalize the behaviors and identities of all these groups?
And that's why the WHO is calling for all countries to decriminalize the behaviors and identities of all these groups so that they can get the health care they need. Advertisement. Under a section in the report called "decriminalizing the behavior of key populations," the WHO writes:
What do the ads say about decriminalizing homosexuality?
Advertisement. Specifically they suggest that all countries immediate decriminalize homosexuality and transgender identities. They also want countries to decriminalize sex work and drugs. Finally, they want countries to allow adolescents to receive reproductive health care without notifying their parents.
What should countries do to reduce incarceration?
Countries should work toward developing policies and laws that decriminalize injection and other use of drugs and, thereby, reduce incarceration. Countries should work toward developing policies and laws that decriminalize the use of clean needles and syringes (and that permit NSPs) and that legalize OST for people who are opioid-dependent. Countries should ban compulsory treatment for people who use and/or inject drugs.
Why can't at-risk people get health care?
What the WHO sees are groups of at-risk people who can't get health care because they have been stigmatized for behaviors that do not harm anyone. The solution isn't to crack down on these groups more, because we've already seen that strategy causes HIV to spread — not just to at-risk groups, but beyond them.
Why do people hide their activities from doctors?
So they, too, must hide their activities from doctors to avoid being "turned in" to their parents. When you have populations of people who fear that a trip to the doctor may land them in jail, it makes sense that those populations won't follow medical guidelines about safer sex or clean needles.
Should countries work towards legal recognition for transgender people?
Countries should work towards legal recognition for transgender people. Countries are encouraged to examine their current consent policies and consider revising them to reduce age-related barriers to HIV services and to empower providers to act in the best interest of the adolescent.
Can a child have contraceptive information without parental consent?
It is recommended that sexual and reproductive health services, including contraceptive information and services, be provided for adolescents without mandatory parental and guardian authorization/notification. Advertisement. The WHO isn't known for taking controversial stances on social issues.
Introduction
- In June 2020, a group of thirteen United Nations agencies—including the Office of the High Commissioner for Human Rights, the World Health Organization, the UN Office on Drugs and Crime and UNICEF—released a joint statement calling for the closure of all compulsory drug detention and rehabilitation centres in the Asia Pacific region.3 This statemen...
Compulsory Detention in The Name of ‘Drug Treatment’
- In recent years, the issue of the forcible detention and compulsory ‘drug treatment’ of people who use (or who are suspected of using) illegal drugs has become one of increasing concern among non-governmental organisations and United Nations human rights bodies. As described by the UN Special Rapporteur on Torture in 2013, This practice has been documented in numerous States i…
When Is Detention Arbitrary?
- The prohibition of arbitrary detention is integrally linked to the broader right to liberty.46 As stated by the European Court of Human Rights in reference to Article 5 of the European Convention on Human Rights, ‘it enshrines a fundamental human right, namely the protection of the individual against arbitrary interferences by the State with his right to liberty’.47 As described by de Londra…
Does Drug Use Constitute A Reasonable Limitation on The Right to Liberty?
- Does drug use or dependency constitute a legitimate or legal limitation on the right to liberty and security? Some make the case that the use of involuntary detention and compulsory treatment are both justified and human rights compliant given the nature of drug use and ‘addiction’. Takahashi, as noted above, argues that ‘drug addiction…destroys—or at least suspends—the free will of the …
C. The Approach of The International Drug Control Treaties
- While detention in the name of ‘drug treatment’ is unacceptable under international human rights law, is there anything within the international drug control treaties that would suggest a legal authority for such compulsory detention and treatment? Article 38 of the 1961 Single Convention on Narcotic Drugs does contain a specific article on drug treatment. The inclusion of this article …
Conclusion
- Compulsory drug detention is an issue that engages multiple areas of human rights law—including the right to liberty, the right to health, the right to consent to treatment and the prohibition of inhuman and degrading treatment—as well as obligations in international drug control law to suppress use of illicit drugs and provide treatment to people who are drug users. …