One Flu Over The Cuckoo's Nest: Comparing Legislated Coercive Treatment for Mental Illness with that for Other Illness [Book Review]

Journal of Bioethical Inquiry 8 (1):87-93 (2011)
Abstract
Many of the world’s mental health acts, including all Australian legislation, allow for the coercive detention and treatment of people with mental illnesses if they are deemed likely to harm themselves or others. Numerous authors have argued that legislated powers to impose coercive treatment in psychiatric illness should pivot on the presence or absence of capacity not likely harm, but no Australian act uses this criterion. In this paper, I add a novel element to these arguments by comparing the use of the harm to others justification for coercive treatment in mental illness with its use in illness due to infectious disease, and suggest a double standard applies. People with mental illness are subjected to coercive treatments at levels of risk to others far, far lower than would precipitate coercive treatment in people with influenza. In effect, this element of mental health legislation represents an example of sanism—state-sanctioned discrimination against people with mental illnesses
Keywords Mental competency  Informed consent  Mental disorders  Ethics  Legislation  Human rights  Dangerous behaviour
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,357
External links
  •   Try with proxy.
  • Through your library Configure
    References found in this work BETA
    Citations of this work BETA

    No citations found.

    Similar books and articles
    Rem B. Edwards (1981). Mental Health as Rational Autonomy. Journal of Medicine and Philosophy 6 (3):309-322.
    Analytics

    Monthly downloads

    Added to index

    2010-12-18

    Total downloads

    11 ( #112,960 of 1,088,623 )

    Recent downloads (6 months)

    1 ( #69,601 of 1,088,623 )

    How can I increase my downloads?

    My notes
    Sign in to use this feature


    Discussion
    Start a new thread
    Order:
    There  are no threads in this forum
    Nothing in this forum yet.