The right to accept and the right to refuse

Citation
T. Nilstun et A. Syse, The right to accept and the right to refuse, ACT PSYC SC, 101, 2000, pp. 31-34
Citations number
13
Categorie Soggetti
Psychiatry,"Clinical Psycology & Psychiatry","Neurosciences & Behavoir
Journal title
ACTA PSYCHIATRICA SCANDINAVICA
ISSN journal
0001690X → ACNP
Volume
101
Year of publication
2000
Supplement
399
Pages
31 - 34
Database
ISI
SICI code
0001-690X(2000)101:<31:TRTAAT>2.0.ZU;2-I
Abstract
The main purpose of this paper is to show that the civil commitment acts of the Nordic countries are in conflict with the ideal of symmetry, i.e. the idea that if a person has the competence (and therefore the right) to accep t hospitalisation he or she should also be considered competent (and theref ore have the right) to refuse hospitalisation. First, we distinguish betwee n one narrow and one wide concept of coercion in relation to hospital admis sion; second, we demonstrate that the narrow concert of coercion is used or presupposed with reference to hospitalisation in the Nordic countries; and third, we discuss, from a normative point of view, the rather disturbing a symmetrical conception of patient's competence and rights implied by this n arrow concept of coercion. Though the ideal of symmetry supports the use of the wide concept of coercion in civil commitment acts, it does not decide the issue. To justify a change from a narrow to a wide concept would also r equire empirical data about the practical implications.