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Published on: October 25, 2024
[Legal enforcement for non-adherent tuberculosis patients]
1Department of Epidemiology and Clinical Research, Research Institute of Tuberculosis, Japan Anti-Tuberculosis Association, Tokyo, Japan. ito@jata.or.jp
Purpose:
To investigate the conditions that would allow for coercive measures for persistently non-adherent tuberculosis patients.
Method:
Literature review of the jurisprudential and medical papers, mainly of the United States.
Result:
We found relevant items in the following categories related to conditions allowing for coercive measures: truthful adequate purpose of the coercive measures, scientific evidence or prospects of effectiveness of the measures, individual risk assessment, existence of significant risk, proportionality principle, least restrictive alternative principle, and procedural due process.
Conclusion:
To establish a system of coercive measures for persistently non-adherent tuberculosis patients in Japan, we would first need to accomplish many tasks, including a significant broadening of the support services for tuberculosis patients.
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