Unterstützte Entscheidungsfindung und Zwangsbehandlung bei schweren psychischen Störungen - ein Fallbeispiel

Translated title of the contribution: Supported decision making and coercive treatment in severe mental illness -A case study

Martin Zinkler, Kevin De Sabbata

Research output: Contribution to JournalArticleAcademicpeer-review

Abstract

Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD) commits States Parties to provide support to mentally disabled persons in exercising legal capacity and to respect their rights, will and preferences. A clinical case dealing with coercive treatment will show how the CRPD approach to legal capacity detailed by the Committee on the Rights of Persons with Disabilities in General Comment no. 1 on Article 12 can be applied in practice and what its implications are. The use of such a model, based on the person's will and preferences, generates a different outcome than the one typical of German law based on capacity assessment, substituted decision-making and involuntary treatment. In this regard, though there are still challenges in its practical implementation, the approach suggested by the CRPD and its Committee allows a fuller respect of the person's will and leads to more effective and personalised care solutions in the area of psychiatric treatment.

Translated title of the contributionSupported decision making and coercive treatment in severe mental illness -A case study
Original languageGerman
Pages (from-to)207-212
Number of pages6
JournalRecht und Psychiatrie
Volume35
Issue number4
Publication statusPublished - 1 Jan 2017
Externally publishedYes

Keywords

  • Coercive treatment
  • Disability rights
  • Mental Illness
  • Supported decision making
  • UN convention

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