Involuntary Treatment of Mentally Ill Patients – Some Remarks on the Mental Health Act Cover Image

Przymusowe leczenie szpitalne osób chorych psychicznie – kilka uwag na tle ustawy o ochronie zdrowia psychicznego
Involuntary Treatment of Mentally Ill Patients – Some Remarks on the Mental Health Act

Author(s): Paulina Chełmowska
Subject(s): Law, Constitution, Jurisprudence, Psychology, Human Rights and Humanitarian Law, Health and medicine and law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: mental health; patients’ rights; consent; involuntary hospital admission; psychiatric treatment;

Summary/Abstract: According to the WHO, health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Nowadays, provisions of national and international law protects not only physical health but also mental health. Formerly, physicians made decisions for their patients. Now, this paternalistic view has been supplanted by promoting patient autonomy. One of the most important patients’rights is a right to reasonably informed participation in decisions involving his/her health care. Generally, patient’s consent must be obtained before any examination, treatment or care. There are also a few exceptions when treatment may be able to go ahead without the patient’s consent. Patient suffering from a mental disorder may go into a psychiatric hospital not only voluntarily but also involuntary. In such cases, due to the strong interference in the right to freedom, it is necessary to maintain additional procedures and requirements, which in the broadest possible way, reduce patient’s discomfort and ensure compliance with the powers conferred on him/her.

  • Issue Year: 20/2017
  • Issue No: 34
  • Page Range: 17-35
  • Page Count: 19
  • Language: Polish