A Methaethical Perspective on Non- Voluntary Psychiatric Hospitalization

FORMAT | Presented paper

LANGUAGE | English

HOW TO CITE| SANDU, Antonio, Frunza, A., Scripcaru, C., Bulgaru-Iliescu Diana, Unguru, E., & Damian S. I. (2018). A Methaethical Perspective on Non- Voluntary Psychiatric Hospitalization. Prezentat în cadrul 3rd International Conference Ethical & Social Dimensions on Public Administration & Law | ESDPAL 2018 | 26-29 April 2018 | Suceava – Romania.

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ABSTRACT:

This paper aims at emphasizing some analysis frameworks from (bio)ethical perspective on the non- voluntary hospitalization of the psychiatric patients which was not decided based on a court decision and / or a forensic report. The case study concerns a case in which the Romanian state was condemned by the ECHR for failing to follow the procedures agreed at European level on non-voluntary hospitalization nor was obtained a credible informed consent from the patient. In reasoning the decision for this case, the ECHR pointed out the seriousness of the fact that, in fact, it has been a cooperation of several state institutions, including a psychiatric hospital, the Police and the Prosecution. The case has considered limiting freedom of movement of persons – by non-voluntary hospitalization – at the same time endangering the health of patients by prescribing a medication specific to particularly aggressive disease that may have serious psychiatric side effects. ECHR considers that to perform such treatment would have been necessary to guarantee the possibility of a medical counter expertise. The case can be considered as a limitation of freedom of conscience, as the alleged reason of using of non-voluntary hospitalization by the parents of patient – major patient at the date of hospitalization – was the patient‟s appurtenance to a group – legally composed in Romania, but very disputed in terms of social, political and religious beliefs, a group who was dealing with an extremely negative public image in that period, and also with a very supported negative media campaign. This group was promoting a series of eastern spiritual practices of yoga..

KEYWORDS:

Non- voluntary hospitalization; ethical perspective; ECHR; informed consent; psychiatric patients. human rights, human dignity, ethics