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Published on: November 21, 2013
Criteria for involuntary hospitalisation
1Wellington Hospital, New Zealand.
The Australian and New Zealand Journal of Psychiatry
|November 2, 1999
Summary
Compulsory commitment legislation is ethically justified by medical paternalism, not social paternalism. Patient autonomy, potential benefit, and risk of harm are key ethical considerations for involuntary hospitalization.
Area of Science:
- Medical Ethics
- Legal Philosophy
- Psychiatry
Background:
- Compulsory commitment legislation involves complex ethical considerations.
- Balancing individual autonomy with public safety and patient welfare is crucial.
Purpose of the Study:
- To provide an overview of the ethical foundations of compulsory commitment laws.
- To examine the ethical principles underpinning involuntary psychiatric hospitalization.
Main Methods:
- Analysis of ethical principles, specifically beneficence and autonomy.
- Application of these principles to establish criteria for patient commitment.
Main Results:
- Distinction between medical paternalism and social paternalism in beneficence.
- Social paternalism alone is ethically insufficient for involuntary admission.
- Medical paternalism is identified as the primary ethical basis for compulsory hospitalization.
Conclusions:
- Committal requires diminished patient autonomy, potential benefit from hospitalization, and risk of harm (including self-neglect).
- Risk of harm to others can also justify committal in specific situations.
- Ethical justifications for committal may conflict with public perceptions.
Keywords:
Mental Health Therapies
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