CEU Electronic Theses and Dissertations, 2018
| Author | Karanadze, Nino |
|---|---|
| Title | Involuntary Placement and Treatment of Persons with Psychosocial Needs |
| Summary | This thesis examines a controversial and sensitive issue of involuntary treatment and placement of persons with psychosocial needs under the framework of Council of Europe and the ECtHR standards as well as Georgian and Swedish national jurisdictions. The thesis sets out to analyze which interests should prevail in the context of involuntary hospitalization and/or treatment: the state legitimate interest or the person’s autonomy and right personal integrity. The paper argues that the national legislations need to see involuntary placement and treatment as separate measures and the standards should differ accordingly. The fact that person is dangerous due to their mental health condition could be legitimate grounds for placement, however, long term involuntary treatment under any circumstances is unjustified, since it inherently violates personal autonomy and the principle of informed consent which is fundamental to medical world. The actions aimed at restoring person’s autonomy and stabilizing the critical situation at hand are justifiable as immediate emergency measures, and should be terminated at the point when the patient autonomy is restored. Otherwise, subjecting a person to the compulsory treatment is unreasonably paternalistic. |
| Supervisor | Bárd, Petra Dóra |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2018/karanadze_nino.pdf |
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