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
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DOI 10.1007/s11673-010-9270-2
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Commentary.Lawrence O. Gostin - 2003 - Journal of Law, Medicine and Ethics 31 (4):524-528.
Commentary.Lawrence O. Gostin - 2003 - Journal of Law, Medicine and Ethics 31 (4):524-528.

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