The right to refuse treatment and the abolition of involuntary hospitalization of the mentally ill.
نویسنده
چکیده
Civil commitment involves abridgment of civil rights of the mentally ill person. The involuntarily hospitalized patient is deprived of many elementary rights" which the average citizen takes for granted, such as visitation, written communication and compensation for work." , Furthermore, the committed patients often have been deprived of various rights dealing with their functioning in the society, such as right to marry, to sue for divorce, to exercise control over their property, to vote, to drive an automobile. The limitations imposed upon the committed patients can be divided into those which occur within the institution itself and those which affect patient's rights outside the hospital. In the first category, we have the restrictions dealing with freedom of movement, correspondence, visitation, and being subjected to various treatment procedures. In the second category, we have restrictions imposed by law in regard to marriage, divorce, voting, holding office, capacity to execute a will, and the exercise of control over one's property. The extent of these legal constraints has varied. The present trend in the law is to extend civil rights to the mentally iii. This paper concerns itself with the right to refuse treatment while committed and residing in an institution.
منابع مشابه
بستری و درمان اجباری: نگاهی به قوانین بهداشت روان
AbstractObjectives: Disregard of the rights of the mentally ill is a prevalent condition in the world. Whereas until the mid twentieth century most legislations were enacted to protect the society against individuals with mental disorders, in recent years the attitudes of legislators has been focused on protecting the rights of the mentally ill. The aim of this study is to review the laws relat...
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For all too many years, few people gave much thought to the civil rights of hospitalized mental patients. More recently, fortunately, that situation has largely changed. The right to treatment, involuntary hospitalization, and 1I0W the right to refuse treatment, are among the issues which are predominant. The ofttimes delicate balance may not always be resolved in favor of the patient's needs, ...
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Protecting our mentally ill: a critique of the role of Indiana state courts in protecting involuntarily committed mental patients' right to refuse medication.
Sociology, 1997, Virginia Commonwealth University. Special thanks to my wife, Vickey, and to my family, Mike, Denise, and Daniel, for their love and encouragement. 1. Youngberg v. Romeo, 457 U.S. 307, 316 (1982); Mills v. Rogers, 457 U.S. 291, 299 (1982); see also James A. King, Comment, An Involuntary Mental Patient’s Right to Refuse Treatment with Antipsychotic Drugs: A Reassessment, 48 OHIO ...
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ورودعنوان ژورنال:
- The Bulletin of the American Academy of Psychiatry and the Law
دوره 8 1 شماره
صفحات -
تاریخ انتشار 1980