Abstract
The ethics of compulsive treatment (CT) is a medical, social and legal discussion that reemerged after the ratification by 181 countries of the 2007 United Nations Convention on the Rights of Persons with Disabilities (UN-CRPD). The optional protocol of the UN-CRPD was ratified by 86 countries aiming to promote, protect and ensure the full and equal enjoyment of all human rights. It also determined the need to review mental health laws as under this light treatment of persons with disabilities, particularly those with mental disorders, cannot accept the use of CT. This selective review of literature aims to clarify inputs from clinical psychiatry adding evidence to the multi-disciplinarydiscussion. It focuses on how patients experience CT and its impact on their mental health and treatment programs, the reasons for the use of CT versus voluntary treatment and what efforts have been made to reduce, replace and refine the presence of CT in psychiatry.
Highlights
Compulsive treatment1 of people with psychosocial disabilities, when these disabilities result from mental disorders, is a problem of a medical, social, and legal nature
Article 15 Article 17 equality and no discrimination take appropriate measures to support patients with disabilities’ needs to legally exercise their capacity provide the appropriate and effective safeguards to prevent their abuse, guaranteeing and respecting the rights, will and preference of the person ensure that persons with disabilities are not unlawfully or arbitrarily deprived of their liberty, that any deprivation of liberty is in accordance with the law and that the existence of a disability shall in no case justify the deprivation of liberty warrant that if they are deprived of their liberty, they are entitled to guarantees in accordance with international human rights law and are treated in accordance with objectives and principles contained therein
The risk of acting blindly without considering the complexity e.g. concept of disability can include or not mental disorders whether they are considered extensively or restrictively e.g., a simplistic reading of the CRPD determines that “everyone has the right to all the rights and freedom without distinction of any kind" (Nations 2007, p. 1) jeopardizing the principles of beneficence and of justice when danger is considered to his life or the life of others (Steinert 2017)
Summary
Compulsive treatment of people with psychosocial disabilities, when these disabilities result from mental disorders, is a problem of a medical, social, and legal nature. Article 15 Article 17 equality and no discrimination take appropriate measures to support patients with disabilities’ needs to legally exercise their capacity provide the appropriate and effective safeguards to prevent their abuse, guaranteeing and respecting the rights, will and preference of the person ensure that persons with disabilities are not unlawfully or arbitrarily deprived of their liberty, that any deprivation of liberty is in accordance with the law and that the existence of a disability shall in no case justify the deprivation of liberty warrant that if they are deprived of their liberty, they are entitled to guarantees in accordance with international human rights law and are treated in accordance with objectives and principles contained therein. Freedom from torture or cruel, inhuman or degrading treatment or punishment right to physical and mental integrity
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