Volume 39, Number 10, 797-803, DOI: 10.1007/s00127-004-0814-9

Compulsory admission of mentally ill patients in European Union Member States

Harald Dressing and Hans Joachim Salize

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Abstract

Background and aims:   

A standardised and systematic analysis of commitment laws in the European Union Member States is still missing. This study aimed at gathering, describing and analysing information on the differences or similarities of legal frameworks for involuntary placement and treatment of mentally ill patients across the European Union Member States.

Method:   

Information was gathered by means of a detailed questionnaire filled in by experts from all EU Member States. Legal criteria for compulsory admission and details of the assessment and decision process of compulsory admission are outlined.

Results:   

Although common patterns among Member States can be identified upon comparison of crucial legislative or procedural details, these patterns are far from being consistent across all analysed items or approaches. With regard to compulsory admission quotas no significant influence of legal commitment criteria and the involvement of judicial authorities could be found, but Member States with an obligatory inclusion of a legal representative during the commitment procedure showed significantly lower compulsory admission quotas.

Conclusions:   

Results of this study show the strong necessity for further research in this field. Common international health reporting standards as annually updated involuntary placement rates detailed for regular and emergency cases seem to be essential.

Key words   compulsory admission - involuntary placement - mental health legislation - compulsory admission quota - compulsory admission rates - commitment criteria

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