Psychiatry: An Exception to the Principle of Informed Consent?

The law recognizes that a patient cannot be treated without their consent and that they may refuse treatment. Psychiatry is an exception: treatment may be imposed on a patient by force on the grounds that they are unable to give consent due to mental disorders. However, since 2016, various forms of coercion and restrictions on freedom in psychiatry have been subject to increased scrutiny, particularly regarding forms of in-hospital coercion such as confinement to a room (isolation) or the use of restraints (physical restraint). This increased oversight does not, on its own, appear to be sufficient to reduce the use of coercion or to ensure respect for people’s rights. The persistence of forms of discrimination and stigmatization contributes to a tolerance of differential treatment of people with mental disorders. However, there is a new emphasis on the importance of taking into account what people can express for themselves, both in terms of respecting their fundamental rights and with a view to achieving well-being and a meaningful life.

Author(s): Moreau Delphine

Publishing year: 2023

Health in Action, 2023, n° 464

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