Rights Of Mental Patients Research Articles

Hospitalisations sans consentement : repères historiques et contemporains de l’intervention judiciaire dans le contrôle des mesures

ObjectivesThe question of judicial control emerged with the debates surrounding the law of 30 June 1838 instituting psychiatric hospitalization. However, it was systematically rejected until the law of 5 July 2011. This article examines the conditions under which such control was introduced. MethodThe aim is to analyze the debates surrounding the protection of the rights of mental patients hospitalized under judicial control during the proposed reforms to compulsory hospitalization. The reasons for the exclusion of judicial control from the 1838 and 1990 legislation will first be examined, before looking at the conditions leading to judicial review in 2011. ResultsThe introduction of systematic judicial control appears to be the result of the mobilization of patients’ associations, who brought the Question Prioritaire de Constitutionnalité (QPC) before the courts. This ability to use the law reflects a more developed legal knowledge, due to the legal route taken to assert their claims. This method of imposing reform bypasses the usual channels for reform. DiscussionThe reform has therefore led to the decision to unify litigation and to a systematic hearing by the juge des libertés et de la détention (JLD) for any patient hospitalized without consent. ConclusionThe use of the QPC as a strategy for imposing reforms in psychiatry has flourished in the years since the reform, in particular to question the legality of other psychiatric practices. However, the ability of the law to prevent these decisions from being arbitrary needs to be questioned.

HUMAN RIGHTS OF MENTALLY ILL PATIENTS

Introduction: Mental health is the development of a person's healthy view ofthemselves and the environment in which they live, so that they can achieve thehighest degree of self-fulfillment. Purpose: The purpose of the present work is toinvestigate and highlight the rights of the mentally ill and to promote and promotethe health of these patients. Methodology: The study material consisted of articleson the topic found in Greek and international databases such as: Google Scholar,Mednet, Pubmed, Medline and the Hellenic Academic Libraries Association(HEAL-Link), using keywords: mental illness, patient rights, health professionals. Results: The rights of mental patients and their exercise in a meaningful andeffective manner is a dynamic process that encompasses the corresponding rightsand obligations of mental health professionals. An important legal effort to protectthe rights of the mentally ill is Resolution 46/119 of the United Nations GeneralAssembly on the Protection of Persons with Mental Illness and Improving MentalHealth Care, adopted on 17 December 1991. Conclusions: The exercise of therights of the mentally ill requires their encouragement from mental healthprofessionals, who are essentially obliged to refrain from restrictive practices.

Antoine-Marie Chambeyron (1797-1851): a forgotten disciple of Jean-Etienne Esquirol (1772-1840).

Antoine-Marie Chambeyron (1797-1851) was a disciple of Jean-Etienne Esquirol (1772-1840) that history forgot, undoubtedly because he made no original contribution to psychiatric nosography. In 1827, his interest in the medical-legal status of the insane led him to translate into French and annotate the first medical-legal psychiatric treatise ever published, which was the work of the German philosopher Johann Christoph Hoffbauer (1766-1827). His translation played a role in shaping the French Law of 1838, the first piece of modern legislation aimed at protecting the rights of mental patients and limiting the State's power to confine them arbitrarily. Chambeyron is among the least-cited contributors to the prestigious work of nineteenth-century French alienists.

Psychiatry and the law: do the fields agree in their views on coercive treatment?

Coercion is an element of some treatments in psychiatry and it is contemplated in legislation, which often dictates parameters for involuntary admissions and use of restrictive treatments. A trend in the past years has been to widen the parameters required for commitment, thus extending coercive elements of psychiatric treatments to less immediate situations and into the community as in assertive community treatment strategies and, most pointedly, as in community treatment orders. Elements of coercion could be applied in different ways that range from voluntary acceptance to seemingly adherence to outright refusal and force. How these elements compaginate with legal mandates and how are they justified in psychiatry and in law in a balance between needs for protection and individuality and autonomy will be concepts and strategies to be developed in this lecture. The ethics of coercion will be reviewed from a point of view of human and civil rights, both negative and positive rights of mental patients. In this respect, attention will be placed to the experience of coercion by patients, who is coerced and reasons for the use of this expedient strategy in psychiatry and law.

À propos de l’utilisation de l’isolement en psychiatrie : le témoignage de patients

À propos de l’utilisation de l’isolement en psychiatrie : le témoignage de patients

The judicial and medical points of view on mental health in Israel: an analysis of legal rulings

In Israel, since the implementation of the Treatment of Mental Patients Act 1991, the Basic Law on Human Freedom and Dignity 1992 and the Patients' Rights Act 1996, there has been a growing awareness and interest in the rights of the individual and in particular the rights of mental patients. There has also been increasing criticism of decisions of the District Psychiatrist and the Regional Psychiatric Board as is reflected by the numerous Appeals to the court against the Regional Psychiatric Board, the increasing number of patients represented by a lawyer at the Psychiatric Board hearings, and by the great number of psychiatrists involved in the criminal proceedings against their criminal psychiatric patients. Following a description of the statutory framework in Israel, including the role of the different courts, this paper reviews some of the recent court judgements and rulings on mental health issues. The paper considers the following three areas related to mental health law decisions: Regional Psychiatric Board decisions, Involuntary Hospitalization orders issued by court, involuntary hospitalization orders to patients violating an involuntary out-patient treatment order. The paper reviews recent Israeli court judgments on mental health matters and discloses a number of issues which emphasise the disparity between the judicial and medical-psychiatric viewpoints.

Human rights of mental patients in India: a global perspective

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Brazil's mental health adventure.

This is an account of my trips to Brazil in 2001 where I worked on a series of mental health projects with Brazilian colleagues. I first got interested in Brazil after I graduated from college when I was a Peace Corps volunteer in Northeast Brazil (Bahia state). After I got out of the Peace Corps I moved to Rio de Janeiro and went to work for United Press International (UPI) in their Rio bureau. I was UPI foreign news correspondent for a year and a half. Those years in Brazil were probably the happiest years of my life. Later on, after I became ill in the U.S., my Brazilian connection played an important role in my recovery. Raised in a Victorian family in a small town in the Midwest, and schooled in a traditional boarding school for boys and then at an all men's college, Brazil's lively Latino culture served as a healthy antidote for my tendency to be reserved and often depressed. My contact with Brazilians and Brazilian culture always beckoned me on. I maintained contact with my friends in Brazil and they stuck by me through my illness years. What seemed like my emotional and intellectual "excess" to me, was easily accepted by my Brazilian friends. I felt much more myself interacting with Brazilians and connected to a larger sense of self I developed in Brazil. I traveled to Brazil at every opportunity and made friends with Brazilians I met in the States. I initiated Portuguese classes at John Carroll University in Cleveland, Ohio in the early 1990s and then was invited to teach Brazilian culture to undergraduates. These appointments and my own resilience moved me past one depression and a dysthymia condition and into the wider community. I regained my confidence as a teacher, a role I had before and during the years of my illness. From this position, I organized a club for Brazilian students studying in the Cleveland area. After this teaching stint, I felt ready to pursue full time employment and began a job search that would eventually land me in New Haven at the Connecticut Mental Health Center. Since 1997, I've spent my vacations traveling and working in Brazil as an Outside Consultant on mental health projects with colleagues in Rio and Sao Paulo. In my travels I've been befriended and supported by adherents of a social movement, not unlike the U.S. Civil Rights Movement, that has struggled for many years to close Brazil's long-term psychiatric hospitals, create community-based services and expand the rights of mental patients. Now I see my Brazilian connection as part of my ongoing recovery. I see myself as having the opportunity to be a link between the mental health worlds of the U.S. and Brazil. I believe the two countries have much to offer each other when it comes to mental health.

Cruel compassion: psychiatric control of society's unwanted

In this short work, Dr. Szasz takes aim at conventional psychiatry, and at the attendent system of courts, hospitals, and psychiatrists who confine patients against their will. The focal point is a Supreme Court case involving a man forcibly committed to a Florida asylum for 14 years. In refuting the widely held notion that the Donaldson case represents an advancement in the rights of mental patients, Dr. Szasz has put the American legal establishments on trial.

The Lives of Michel Foucault

Foucault's work reached beyond the normal boundaries of philosophy; he wrote about madness, prisons, medicine, sex and language. He was many things - academic, political activist, child, lover of men. Opening with an account of Foucault's death in 1985 from AIDS, this biography then returns to the provincial France of his childhood, and follows the transformation of a conservative doctor's son into the foremost radical philosopher of his generation, the force of his work enhanced by his actively homosexual lifestyle. A brief fling with communism left him with an abiding hatred of the Soviet Union. After working on the history of psychiatry through the 1950s and '60s in Sweden, Poland and Tunisia, Foucault returned to France after the violence of May 1968 with a disturbing vision of modern society policed by mechanisms of power and control. He also lived his ideas, agitating for prison reform, homosexual liberation and the rights of mental patients. David Macey's other works include Lacan in Contexts, a study of the French psychoanalyst.

The history of Japanese psychiatry and the rights of mental patients

In ancient Japan, written characters and religions were largely based on Chinese cultures. The first foreign physician was invited from Korea to Japan during the Shiragi Dynasty, when an Emperor became ill at the beginning of the 5th century. Since then, Chinese medicine dominated in Japan until Western medicine was introduced in the middle of the 19th century.

The right to refuse treatment and the movement for mental health reform.

The right to refuse treatment is the most controversial of the rights of mental patients, and usually polarizes the movement for mental health reform between providers of care and external activist reformers. A broad alliance supported earlier struggles for recognition of patients' rights, but most professionals oppose recognizing this most extreme right of treatment refusal. Professional opposition to treatment refusal is not based on a wide extent of actual refusal; rather it derives from a defense against challenges to professional and institutional autonomy, an opposition to legal interference, and a belief that the community as well as the patient must be protected. These three reasons for opposition are examined by reviewing studies of attitudes toward patients' rights, knowledge about patients' rights, and implementation of patients' rights. Finally, the implications of these studies for future directions in the movement for patients' rights are examined.

A Review of Wyatt V. Stickney: Retrospect and Prospect

Abstract This rather small (245 pages) book is the most comprehensive review of perhaps the most important case on the right to treatment for psychiatric patients. The book, based on presentations at a conference on the rights of mental patients held at the University of Alabama, Ferguson Center, 25–26 Sept. 1980, is edited by two psychiatrists from the University of Alabama, both of whom have had intimate contact with the Wyatt case and its consequences.

Attitudes towards the rights of mental patients: A national survey in the United States

Recent changes in mental health policy and treatment have largely been attributed to a professional concern for patients' rights. This view is challenged by patients' rights organizations and their allies, such as legal advocacy groups. These parties argue that psychiatric planners and providers are trying to coopt a popular movement and to use patients' rights as a convenient explanation for the mental health system's limited self-reform and fiscal limitations. A key issue here is the gap between planned policy and implemented practice. Patients' rights activists maintain that rights are only very sparsely implemented, while the mental health system believes that it has progressed quite far. A study of patients' rights attitudes held by the various involved forces can illuminate the conflicts in patients' rights policy and provide understanding of the potential for resolving these conflicts. Such an analysis also touches on some general themes concerning the relationships between health providers and social movements in the health field. This paper examines attitudes towards mental patients' rights on the part of mental patients rights groups, state departments of mental health, state hospitals and statewide mental health associations. One hypothesis was borne out: that patients' rights groups do not believe as much as does the mental health establishment that concern for patients' rights has played a large role in mental health policy. Further, the activist groups are more favorable than are the other respondents to abolition or sharp curtailment of intrusive psychiatric treatments. And, mental health officials and their lay supporters are less prone to accept patients' rights groups' initiative in reform efforts. The second main hypothesis, that the mental health establishment would be more antagonistic to patients' rights in states where patients rights groups existed, was not supported. One possible explanation for this is that patients' rights groups have had a nationwide impact, and that mental health officials face common problems throughout the country. Alternatively, or in conjunction, an antecedent variable of political liberalism may operate in sone states, creating both activist groups and more liberal psychiatric professionals. The significance of these findings is discussed and suggestions are offered for future research in this area.

The rights of mental patients: weighing the interests.

Other| April 01 1980 The Rights of Mental Patients: Weighing the Interests Laurence R. Tancredi Laurence R. Tancredi Search for other works by this author on: This Site Google J Health Polit Policy Law (1980) 5 (2): 199–204. https://doi.org/10.1215/03616878-5-2-199 Cite Icon Cite Share Icon Share Twitter Permissions Search Site Citation Laurence R. Tancredi; The Rights of Mental Patients: Weighing the Interests. J Health Polit Policy Law 1 April 1980; 5 (2): 199–204. doi: https://doi.org/10.1215/03616878-5-2-199 Download citation file: Zotero Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu nav search search input Search input auto suggest search filter Books & JournalsAll JournalsJournal of Health Politics, Policy and Law Search Advanced Search The text of this article is only available as a PDF. Copyright © 1980 by the Dept. of Health Administration, Duke University1980 Article PDF first page preview Close Modal Issue Section: Commentary You do not currently have access to this content.

Patients' and staff's perceptions of therapy and milieu in a short-term private psychiatric hospital

In treating psychiatric patients, the perceptions of both patients and staff at psychiatric hospitals are important to patient recovery. Although patient feedback regarding treatment has largely been ignored, current interest in opinions and rights of mental patients as consumers brings this issue into focus (Gonzalez, 1976). Most studies which do compare patients and staff perceptions of psychiatric hospitalization and treatment have been conducted in large, publicly financed hospitals, not in small private hospitals (Goldstein et al., 1972; Kish, 1971; Mayer and Rosenblatt, 1974). Private hospitals are becoming increasingly more important as state hospitals continue to close (NIMH, 1974).

Rights of the mentally ill: the gulf between theory and reality.

Within the last few years several lawsuits have significantly increased both the procedural and the substantive rights of mental patients; among them are Lessard v. Schmidt, in which the court held that persons facing involuntary civil commitment are entiltled to dueprocess safeguards, and Wyatt v. Stickney and Donaldson v. O'Connor, concerned with the right ot adequate treatment. The author draws on the problems of implementing the landmark decree of Miranda v. Arizona, guaranteeing the rights of criminal suspects, in discussing the difficulties of translating rights promulgated in the courts into reality. He believes that enofrcement of patients' rights depends not on the law alone but also on the sensitivity and good faith of mental health workers.

Letter: The rights of mental patients: a civil libertarian replies.

Back to table of contents Previous article Next article ArticleNo AccessTHE RIGHTS OF MENTAL PATIENTS: A CIVIL LIBERTARIAN REPLIESChris HansenChris HansenSearch for more papers by this authorPublished Online:1 Apr 2006https://doi.org/10.1176/ps.26.4.232AboutSectionsPDF/EPUB ToolsAdd to favoritesDownload CitationsTrack Citations ShareShare onFacebookTwitterLinked InEmail "THE RIGHTS OF MENTAL PATIENTS: A CIVIL LIBERTARIAN REPLIES." Psychiatric Services, 26(4), pp. 232–233 Access content To read the fulltext, please use one of the options below to sign in or purchase access. Personal login Institutional Login Sign in via OpenAthens Purchase Save for later Item saved, go to cart PPV Articles - Psychiatric Services $35.00 Add to cart PPV Articles - Psychiatric Services Checkout Please login/register if you wish to pair your device and check access availability. Not a subscriber? Subscribe Now / Learn More PsychiatryOnline subscription options offer access to the DSM-5 library, books, journals, CME, and patient resources. This all-in-one virtual library provides psychiatrists and mental health professionals with key resources for diagnosis, treatment, research, and professional development. Need more help? PsychiatryOnline Customer Service may be reached by emailing [email protected] or by calling 800-368-5777 (in the U.S.) or 703-907-7322 (outside the U.S.). FiguresReferencesCited byDetailsCited byNone Volume 26Issue 4 April 1975Pages 232-233 Metrics PDF download History Published online 1 April 2006 Published in print 1 April 1975

Commitment of the Mentally Ill in New York: Some Comments and Suggestions

This paper describes the law and procedure at hearings concerning the further retention of mentally ill inpatients who are confined at a city hospital, emphasizing the role of psychiatrists and attorneys. It is shown that the hearings are not truly adversary since neither an attorney representing the hospital nor a psychiatric witness for the patient are present. Patients are too ill to participate in their own defense and most hearings result in continued retention. The author suggests certain changes which might result in greater attention being paid to the civil and due process rights of mental patients.

Institutionalizing The Rights of Mental Patients: Committing The Legislature

Institutionalizing The Rights of Mental Patients: Committing The Legislature