JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2016
“What is the alternative that allows us to continue saving lives,
without establishing forced treatment and deprivation of legal
capacity as a general rule? There lies the challenge. (...) It seems
to me that focusing public policies on the exceptional situations
basically ends up being a discussion that is not about public
policies. We should think of systems that can cover 99.99%
of cases, instead of concentrating on the minimum number of
cases.”
Facundo Chávez,
UN Office of the High Commissioner for Human Rights
In addition to the ethical arguments and the danger of administering
involuntary psychiatric treatments, the participants also discussed
the counter-productive nature of these treatments, as illustrated in
a study published by the European Union Agency for Fundamental
Rights in 2012.10 This study highlights the fact that the persons’
involvement in their treatment, and their support for the choice of
treatment has a positive impact on their hospitalisation. Conversely,
if the treatment is administered without consent and the person
does not understand its implications, this causes suffering and has
far greater long-term harmful consequences for the person’s health.
The testimony of a victim of forced treatment also allowed to
illustrate the negative effect of some treatments and the need to
recognise the harm caused as an initial form of reparation and a
necessary first step towards a change in practice. The principle of
“medical necessity” of certain treatments was thus challenged as a
vague notion that is not backed by clear scientific evidence, as stated
by the UN Special Rapporteur on the Right to Health and the UN
Special Rapporteur on the Rights of Persons with Disabilities: “The
concept of “medical necessity” behind non-consensual placement
and treatment falls short of scientific evidence and sound criteria.
The legacy of the use of force in psychiatry contravenes the “primum
non nocere” (first do no harm) principle and should no longer be
10
20
European Union Agency for Fundamental Rights, Involuntary placement and
involuntary treatment of persons with mental health problems, 2012: http://fra.
europa.eu/en/publication/2012/involuntary-placement-and-involuntary-treatmentpersons-mental-health-problems
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