Involuntary commitment, a right to health and life
DOI:
https://doi.org/10.25118/2763-9037.2024.v14.1324Keywords:
involuntary commitment, mental disorders, mental health services, patient rights, informed consent, ethics medical, patient safety, risk assessment, health policy, public opinionAbstract
Contemporary communication plays a central role in shaping public opinion, particularly on complex issues such as mental health and psychiatric therapeutic practices. Opinion leaders must convey accurate and balanced information. Discussing topics outside their expertise risks spreading misinformation, negatively influencing public perception. Involuntary commitment, provided for in Law No. 10.216 of 2001, allows hospitalization without the patient's consent at the request of a third party, being one of three types of regulated psychiatric hospitalization, along with voluntary and compulsory hospitalization. However, the media often portrays involuntary commitment as authoritarian, leading to misconceptions. Involuntary commitment is supported by strict medical criteria aimed at protecting the patient's health and well-being, especially in cases where the person poses a risk to themselves or others, after the failure of outpatient resources. Bioethically, this measure should be analyzed according to the principles of autonomy, beneficence, non-maleficence, and justice. Responsible communication is vital to avoid stigmatizing psychiatric treatments and spreading misinformation. Distinguishing between authoritarianism and authority is crucial: while authoritarianism ignores legal and ethical norms, authority acts within the law and ethics, with transparency and participation. Even valuing patient autonomy, there are situations where severe psychiatric conditions justify involuntary hospitalization in an ethical and legal manner. Public health policies should be continuously reviewed to ensure patients' dignity and autonomy.
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Brasil. Lei nº 10.216, de 6 de abril de 2001. Dispõe sobre a proteção e os direitos das pessoas portadoras de transtornos mentais e redireciona o modelo assistencial em saúde mental. http://www.planalto.gov.br/ccivil_03/leis/LEIS_2001/L10216.htm
Beauchamp TL, Childress JF. Principles of biomedical ethics. 8th ed. Oxford: Oxford University Press; 2019.
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