Limitations on the right of self-determination in the context of psychiatric treatment

作者：Duttge Gunnar^*

来源：Ethik in der Medizin, 2016, 28(3): 195-205.

DOI：10.1007/s00481-016-0408-6

• Human dignity
• Right to self-determination
• Advance directive
• Revocation
• Coercive treatment
• Structural quality

The recent legal development emphasizes the right of self-determination of psychiatric patients decidedly even in the case of them lacking the capacity to give consent.
Partly it is concluded that every coercive treatment would be inadmissible altogether. However, this is not just an inaccurate interpretation of applicable law, it furthermore relies on a reductionistic understanding of autonomy. In truth the boundaries between patients volition and (coercive) treatment have to be readjusted: This process gives importance to the instrument of medical treatment agreement without removing the area of permitted compulsion completely.
Its constitutionally required limitation to the inevitable extent demands precise regulations differentiating between several accommodation requirements; also institutional efforts for the implementation of an adequate structural und processual quality in psychiatric establishments are necessary.

• 出版日期2016-9