Potential legal protection problems in the use of compulsory commitment in mental health care in Norway

Compulsory commitment in mental health care represents a dramatic infringement on an individual's life. In Norway, this deprivation of liberty is based on a professional medical assessment that does not require a court verdict. This article presents possible changes that may increase legal prot...

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Bibliographic Details
Published in:International journal of law and psychiatry 2011-11, Vol.34 (6), p.393-399
Main Authors: Diseth, Rigmor R., Høglend, Per A.
Format: Article
Language:English
Subjects:
Attitudes
Commitment of Mentally Ill - legislation & jurisprudence
Compulsory
Compulsory commitment
Conventions
Courts
Freedom
Health care
Human rights
Humans
Infringement
Jurisprudence
Law
Legal protection
Mental health
Mental health care
Mental illness
Norway
Patient Rights - legislation & jurisprudence
Patients
Psychiatry
Rights
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Description
Summary:Compulsory commitment in mental health care represents a dramatic infringement on an individual's life. In Norway, this deprivation of liberty is based on a professional medical assessment that does not require a court verdict. This article presents possible changes that may increase legal protection for the mentally ill. The concept of legal protection has at least two definitions: the state's protection of the individual's legal rights (including the right to health care) and the protection afforded to citizens from abuse and arbitrary actions by the state. Infringements on personal liberty without consent require such legal authority as is found in the Human Rights Conventions. These Conventions have precedence over national laws. Norwegian legislation is based on confidence in psychiatry as a profession. This confidence allows professionals to treat patients against their will. In some countries, initial court action is necessary before compulsory mental health care can be implemented. This should also be possible in Norway in most cases, with the exception of life-threatening situations.
ISSN:0160-2527
1873-6386
DOI:10.1016/j.ijlp.2011.10.003