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Legal protection in psychiatry: balancing the rights and needs of patients and society

Published online by Cambridge University Press:  16 April 2020

J Legemaate
J Legemaate*
Affiliation:
Department of Health Policy and Management, Erasmus University, PO Box 1738, 3000 DR Rotterdam, The Netherlands
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Summary

Attention to the legal position of psychiatric patients has greatly increased during the last 25 years. The criteria for a civil commitment have been tightened and procedural guarantees have increased. In many countries major changes and improvements in the area of mental health law took place. In this paper the main developments are discussed. Attention is given to the legal protection in case of civil commitment, to the legal position of the involuntarily admitted patient during his stay in hospital and to the relationship between patients' rights and the availability of mental health care. Furthermore the impact of legal intentions to the field of psychiatry is discussed. It is argued that legal interventions should be closely monitored, in order to prevent negative consequences. Legal interventions may be necessary, but this instrument should be used with great caution.

Keywords

mental health lawpatients' rightslegal protection
Type
Research Article
Information
European Psychiatry , Volume 13 , Issue S3 , 1998 , pp. 107s - 112s
Copyright
Copyright © Elsevier, Paris 1998

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References

Appelbaum, PSAlmost a revolution — mental health law and the limits of change MünchenOxford University Press 1994Google Scholar
Den Exter, APet alHealth care legislation in central and eastern Europe Rev Cent Eastern Eur Law 23 1997 117–132CrossRefGoogle Scholar
Harding, TWThe application of the European Convention of Human Rights to the field of psychiatry Int J Law Psychiatry 12 1989 245–262CrossRefGoogle ScholarPubMed
Kelk, C, Legemaate, JRechtsbescherming in de psychiatry — Een rechtsvergelijkend perspectief [Legal protection in psychiatry — a comparative perspective] 1990 Kluwer New YorkGoogle Scholar
LeuvenLegemaate, JCompulsion and patients’ rights in psychiatry: an international perspective In Casselman, Jet alLaw and mental health Leuven 1992 94–103Google Scholar
Legemaate, JInvoluntary admission to a psychiatric hospital: recent European developments European Journal of Health Law 2 1995 15–32CrossRefGoogle Scholar
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