On Non-Voluntary Hospitalization: A Case Study

FORMAT | Poster paper

LANGUAGE | English

HOW TO CITE| SANDU, Antonio, Frunza, A., Scripcaru, C., & Bulgaru-Iliescu, D. (2016). On Non-Voluntary Hospitalization: A Case Study. Prezentat la 13th World Congres of Bioethics, IAB 2016, 14-17 June, Edinburgh.

Program disponibil aici

ABSTRACT:

The paper aims to outline a few analysis frameworks from a bioethical perspective, on non-voluntary hospitalization of psychiatric patients, which was not decided based on a legal sentence and/or a forensic report.
The case study discussed concerns a case in which the Romanian State was condemned by CEDO because it has not complied with the procedure accepted all over Europe, regarding the non-voluntary hospitalization, nor was obtained a credible IC from the patient.
The case has considered limiting the person’s freedom of movement – by non-voluntary hospitalization – simultaneously with endangering the patient’s life by prescribing a highly severe medication, specific for severe psychiatric illnesses, that can have particular side effects.
ECHR considers that for carrying out such treatment, it should have been necessary to guarantee the possibility of a medical counter-expertise.
The case can be considered as a limitation of the right to freedom of conscience, since the alleged reason for the non-voluntary hospitalization by the patient’s parents – who was over 18 at the time of the hospitalization – was her belonging to a group – legally consisted on Romanian territory, being very challenged socially, politically and religiously, and which, at the time, was enjoying an extremely negative public image and a sustained negative media campaign – which promotes a series of oriental spiritual practices of yoga.

KEYWORDS:

Non-Voluntary Hospitalization; Case Study; psychiatric patients.