Citizen Rights and Psychiatric Disability Custody of Their Children
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▼ ■ S p eaking out CITIZENSHIP RIGHTS AND PSYCHIATRIC DISABILITY ▼ JUDI CHAMBERLIN Discussions of rights and rights pro- These practices evolved over long peri- Judi Chamberlin is a founder of tection for people labeled “mentally ill” ods of time, and mark an advancement The Ruby Rogers Advocacy and Drop-In Center in Somerville, are often termed “the rights of the men- in social relations from absolute rule by Massachusetts. tally ill,” as if being “mentally ill,” or car- a monarch or by the state (which, of rying that label, means that this group course, still continue in many parts of has special, or different rights than the world). The right of the individual This paper has been adapted from a other people. Documents concerning to be free from arbitrary exercise of presentation at the World Mental Health Day Conference, the “rights” of “the mentally ill” usually state power is perhaps the key differ- Stockholm, Sweden, begin (and often end) with “treatment ence between the democratic nations of October 10, 1996. rights”: the “right” to treatment that is the world and those that operate under For Information Contact The decent, respectful, adequate, and so other systems. The cross-cultural value Author at The Center for forth. I submit to you that this is the of individual rights is recognized by Psychiatric Rehabilitation, Boston University, wrong way to think about rights. documents such as the Universal 930 Commonwealth avenue, Declaration of Human Rights, which Boston, MA 02215. By rights, I mean those fundamental ex- hold that all adults, anywhere in the pectations that govern the relationship world, should be free to make basic life between individuals and societies. In choices for themselves. modern, western societies, rights of in- dividuals are conceptualized as protec- Why, then, does the supposedly medical tions against arbitrary power, so that diagnosis of “mental illness” carry with individuals retain the rights of personal it such a profound effect on the rights choice and decision making. Autonomy of those so labeled? People with psychi- is a key underlying value; the adult indi- atric labels can, in almost every country vidual is free to make choices that differ of the world, regardless of its political from social norms or expectations, so and social system, be deprived of their long as those choices do not bring the liberty and put into mental institutions individual into conflict with established against their will, often indefinitely. civil or criminal law. Rights can only be They can be required to take psychiatric abridged, in theory, when individuals drugs, be given electroshock treat- come into conflict with society accord- ments, even be lobotomized. They can ing to established laws, and then only lose their civil rights, such as the right after certain procedural safeguards have to marry, the right to enter into con- been met. tracts, the ability to work in their cho- sen professions, and the right to Psychiatric Rehabilitation Journal Citizen Rights and Psychiatric Disability custody of their children. Often, they of people are seriously “ill,” yet most of are socially ostracized, and such stigma them manage quite well without psychi- may extend to their relatives. Such atric interventions. Most psychiatrists things don’t happen only in so-called ❝ seem to think that a little psychiatry “backward” countries. Last year in the The fundamental would be good for everyone, and that U.S.A., for example, it was revealed that not knowing that you are “ill” is one of question is this: Why leading medical organ transplant cen- the “symptoms” of the “illness,” and so ters maintained “blacklists” of people people need to be coerced. But this is do we take one group deemed “not suitable for transplanta- not the way things are supposed to tion”; these lists included people who of people, those labeled work in a free society. had been diagnosed with mental illness, The ethical system (if I can call it that) and people with mental illness in their “mentally ill,” and deny that drives the involuntary treatment family history. system is paternalism, the idea that one Involuntary commitment, forced treat- them basic rights? ” group (the one in power, not oddly) ment, and psychiatric control over deci- knows what is best for another group sion making are really not complicated (which lacks power). The history of civi- issues, despite the efforts to make them lization is, in part, the struggle against seem so. The fundamental question is paternalism and for self-determination. this: Why do we take one group of peo- Supposedly, we live under the rule of People in power are always saying that ple, those labeled “mentally ill,” and law. Just because we believe that some- they know what is best for those they deny them basic rights? The common one is likely to commit a crime, we can- rule over, even if those poor unfortu- justifications include “special needs,” not put that person in prison. The nate individuals think they know best “vulnerabilities,” “at-risk populations,” reasons why we may believe that some- what they want. The powerful seldom and other terms designed to obscure one is a likely criminal often have to do cast their own motives in anything but this fundamental question: Is it ethically with that person’s membership in a benevolent terms. Rulers and slave mas- justifiable to confine people against class. Nearly every society has its minor- ters like to think (or to pretend) that their will, to subject them to proce- ity groups, whether they are racial, eth- their subjects love them and are grate- dures against their will, or to overrule nic, or otherwise defined, that are often ful to them, often having to ignore their life choices, on the basis of an os- believed by the dominant culture to be much evidence to the contrary. The tensibly medical diagnosis? I believe dangerous and deviant. It’s all right to struggle for freedom has always been that until we frame this question prop- abridge their rights, in this way of think- seen by the powerful as a denial of the erly, as a human rights question, we will ing, since, left to their own devices, obvious truth of the superiority of the continue to make the simple complicat- they will undoubtedly commit crimes or rulers. ed. I believe that my views about choice otherwise upset the social order. I be- All of us should be free to follow our and voluntariness are applicable to any lieve this is a basic injustice. own dreams. The U.S. Declaration of person, regardless of label (or lack of A similar analysis applies to the mental Independence states that basic rights in- label), who can express his or her own health system. We are told that certain clude “life, liberty, and the pursuit of wishes and desires, no matter how irra- individuals are vulnerable to “mental ill- happiness.” As we each pursue happi- tional they may appear to others. All ness” and that psychiatric interventions ness, most of us seek economic stability, people deserve to have their choices re- are what they “need.” Is it justifiable, good and comfortable places to live, spected. Only those who are genuinely therefore, to ignore their expressed choices of daily activities, and satisfying incapable of such expression fall be- wishes and proceed on the basis of the companions for friendship and love. As yond the scope of my argument. By supposedly superior wisdom of those the irrational, fallible human beings we genuinely incapable, I mean people who have the power to make the defini- are, our lives are an endless series of who are comatose or otherwise unable tions, and to enforce the consequences? steps and missteps in pursuit of those to communicate, not those who are I believe that this, too, is a basic injustice. dreams. Those who would overrule, on clearly communicating what others may the basis of “incompetence,” the not want to hear. According to psychiatrists, most people at some point show some “symptoms” dreams of others, are usually concerned of “mental illness,” and large numbers with safety issues, with little regard to speaking out 406 spring 1998—Volume 21 Number 4 happiness. If we are truly concerned subjected to involuntary interventions chemistry than we can find the “cause” with protecting people we may deem to while medical patients are not. of poetry. But even if there were real, be incompetent, surely we must zeal- biological diseases, psychiatrists would- Supposedly, the difference is “compe- ously protect their right to pursue hap- n’t therefore derive the power to lock tence.” We allow people we deem com- piness as well as their right to be safe. people up and treat them against their petent to make irrational or wrong Otherwise, we are prescribing one stan- will, or to overrule their personal life decisions, while assuming a paternalis- dard for so-called normals, which al- decisions. These are legal and, ultimate- tic stance toward so-called “incompe- lows (and even celebrates) the primacy ly, moral decisions, not medical ones. tents,” to protect them from their own of the pursuit of happiness, and anoth- shortcomings. But I believe that compe- What, then, is the best way to help peo- er, more sober and more severe stan- tence, like beauty, lies very much in the ple who are confused, who are behav- dard for those for whom we presume to eye of the beholder. Take, for example, ing in non-ordinary ways, who seem to decide their “best interest.” teenagers who choose to smoke ciga- be out of contact with the ordinary This historic confusion of medicine and rettes. Almost by definition, teenagers world and society’s expectations? This power skews our language and our are unable to judge long-term conse- is another point where discussion usu- thinking.