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Front Matter Coercive Treatment in Psychiatry Coercive Treatment in Psychiatry: Clinical, Legal and Ethical Aspects, First Edition. Edited by Thomas W. Kallert, Juan E. Mezzich and John Monahan. © 2011 John Wiley & Sons, Ltd. Published 2011 by John Wiley & Sons, Ltd. ISBN: 978-0-470-66072-0 Coercive Treatment in Psychiatry Clinical, Legal and Ethical Aspects Editors: Thomas W. Kallert, Juan E. Mezzich and John Monahan This edition first published 2011 Ó 2011 by John Wiley & Sons, Ltd Wiley-Blackwell is an imprint of John Wiley & Sons, formed by the merger of Wiley’s global Scientific, Technical and Medical business with Blackwell Publishing. Registered Office: John Wiley & Sons, Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK Other Editorial Offices: 9600 Garsington Road, Oxford, OX4 2DQ, UK The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK 111 River Street, Hoboken, NJ 07030-5774, USA For details of our global editorial offices, for customer services and for information about how to apply for permission to reuse the copyright material in this book please see our website at www.wiley.com/wiley- blackwell. The right of the author to be identified as the author of this work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The publisher is not associated with any product or vendor mentioned in this book. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold on the understanding that the publisher is not engaged in rendering professional services. If professional advice or other expert assistance is required, the services of a competent professional should be sought. The contents of this work are intended to further general scientific research, understanding, and discussion only and are not intended and should not be relied upon as recommending or promoting a specific method, diagnosis, or treatment by physicians for any particular patient. The publisher and the author make no representations or warranties with respect to the accuracy or completeness of the contents of this work and specifically disclaim all warranties, including without limitation any implied warranties of fitness for a particular purpose. In view of ongoing research, equipment modifications, changes in governmental regulations, and the constant flow of information relating to the use of medicines, equipment, and devices, the reader is urged to review and evaluate the information provided in the package insert or instructions for each medicine, equipment, or device for, among other things, any changes in the instructions or indication of usage and for added warnings and precautions. Readers should consult with a specialist where appropriate. The fact that an organization or Website is referred to in this work as a citation and/or a potential source of further information does not mean that the author or the publisher endorses the information the organization or Website may provide or recommendations it may make. Further, readers should be aware that Internet Websites listed in this work may have changed or disappeared between when this work was written and when it is read. No warranty may be created or extended by any promotional statements for this work. Neither the publisher nor the author shall be liable for any damages arising herefrom. Library of Congress Cataloging-in-Publication Data Coercive treatment in psychiatry : clinical, legal and ethical aspects / editors, Thomas Kallert, Juan Mezzich and John Monahan. p. cm. Includes index. ISBN 978-0-470-66072-0 (cloth) 1. Involuntary treatment–Moral and ethical aspects. I. Kallert, Thomas W. II. Mezzich, Juan E. III. Monahan, John. R727.35.C64 2012 174.2’9689–dc22 2010054029 A catalogue record for this book is available from the British Library. This book is published in the following electronic formats: ePDF 978-0-470-97854-2; Wiley Online Library 978-0-470-97857-3; ePub 978-0-470-97865-8 Set in 10.5/13pt Times by Thomson Digital, Noida, India First Impression 2011 Contents List of Contributors vii Introduction xi Thomas W. Kallert, Juan E. Mezzich and John Monahan SECTION 1 Conceptual and clinical aspects of coercive treatment 1 1. Person-centred psychiatry perspectives on coercion and cooperation 3 Juan E. Mezzich 2. Coercive treatment and stigma – is there a link? 13 Wolfgang Gaebel and Harald Za¨ske 3. Mandated psychiatric treatment in the community – forms, prevalence, outcomes and controversies 33 John Monahan 4. Is it possible to define a best practice standard for coercive treatment in psychiatry? 49 Tilman Steinert and Peter Lepping 5. How to de-escalate a risk situation to avoid the use of coercion 57 Dirk Richter SECTION 2 Legal aspects of coercive treatment 81 6. Psychiatry and the law – do the fields agree in their views on coercive treatment? 83 Julio Arboleda-Flo´rez vi CONTENTS 7. Reducing discrimination in mental health law – the ‘fusion’ of incapacity and mental health legislation 97 George Szmukler and John Dawson 8. Mental health care and patients’ rights – are these two fields currently compatible? 121 Thomas W. Kallert SECTION 3 Ethical aspects of coercive treatment 151 9. Cross-cultural perspectives on coercive treatment in psychiatry 153 Ahmed Okasha and Tarek Okasha 10. Historical injustice in psychiatry with examples from Nazi Germany and others – ethical lessons for the modern professional 161 Rael Strous 11. Paternalism in mental health – when boots are superior to Pushkin 175 Tom Burns SECTION 4 Users’ views on coercive treatment 185 12. The moral imperative for dialogue with organizations of survivors of coerced psychiatric human rights violations 187 David W. Oaks 13. Resisting variables – service user/survivor perspectives on researching coercion 213 Jasna Russo and Jan Wallcraft 14. Seventy years of coercion in psychiatric institutions, experienced and witnessed 235 Dorothea S. Buck-Zerchin 15. Coercion – point, perception, process 245 Dorothy M. Castille, Kristina H. Muenzenmaier and Bruce G. Link SECTION 5 Coercion and undue influence in decisions to participate in psychiatric research 269 16. Ethical issues of participating in psychiatric research on coercion 271 Lars Kjellin 17. Coercion and undue influence in decisions to participate in psychiatric research 293 Paul S. Appelbaum, Charles W. Lidz and Robert Klitzman Index 315 List of Contributors Paul S. Appelbaum Brummerskamp 4 Elizabeth K. Dollard Professor Hamburg, 22457 of Psychiatry, Medicine and Law Germany Columbia University, Department www.dorothea-buck.de of Psychiatry Director Tom Burns New York State Psychiatric Institute, Professor of Social Psychiatry Division of Law, Ethics, and University of Oxford, Warneford Psychiatry Hospital 1051 Riverside Drive, Unit 122 Oxford, OX3 7JX New York, NY, 10032 UK USA Dorothy M. Castille Julio Arboleda-Flo´rez Health Scientist Administrator Professor Emeritus National Institutes of Health, Queen’s University, Department National Institute on of Psychiatry and Department Minority Health and Health of Community Health and Disparities Epidemiology 6707 Democracy Boulevard, Kingston, ON, K7L 3N6 Suite 800 Canada Bethesda, MD, 20892 USA Dorothea S. Buck-Zerchin (work completed while Honorary Chair at Columbia University German Federal Association of (ex-) and New York State Psychiatric Users and Survivors of Psychiatry Institute, New York) viii LIST OF CONTRIBUTORS John Dawson Lars Kjellin Professor of Law Associate Professor, Research Manager, University of Otago, Faculty of Law Psychiatric Research Centre PO Box 56 O¨ rebro University, School of Health and Dunedin 9016 Medical Sciences New Zealand PO Box 1613 O¨ rebro, SE-701 16 Sweden Wolfgang Gaebel Professor of Psychiatry, Director of the Robert Klitzman Department of Psychiatry and Professor of Clinical Psychiatry Psychotherapy (in Sociomedical Sciences) Heinrich-Heine University, Department Columbia University, Department of Psychiatry and Psychotherapy, of Psychiatry and Mailman School Medical Faculty of Public Health Bergische Landstrasse 2 Director, Masters € Dusseldorf, 40629 of Bioethics Program Germany New York State Psychiatric Institute, HIV Center, Thomas W. Kallert Ethics, Policy and Human Head of the Department of Psychiatry, Rights Core Psychosomatic Medicine and 1051 Riverside Drive, Unit 15 Psychotherapy New York, NY, 10032 Park Hospital Leipzig USA Morawitzstrasse 2 Leipzig, 04289 Peter Lepping Germany Visiting Professor, Associate Medical Director and Consultant Medical Director Psychiatrist Soteria Hospital Leipzig Betsi Cadwaladr University Health Morawitzstrasse 4 Board and Glyndwˆ r University, Leipzig, 04289 Wrexham Academic Unit Germany Ffordd Croesnewydd Wrexham LL13 7YP, Wales Professor of Psychiatry UK Dresden University of Technology, Faculty of Medicine Charles W. Lidz Fetscherstrasse 74 Research Professor Dresden, 01307 of Psychiatry Germany University of Massachusetts Medical School LIST OF CONTRIBUTORS ix 55 Lake
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