Santa Clara Law Review Volume 37 | Number 2 Article 3 1997 International Human Rights Protection Against Psychiatric Political Abuses George J. Alexander Santa Clara University School of Law Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation George J. Alexander, International Human Rights Protection Against Psychiatric Political Abuses, 37 Santa Clara L. Rev. 387 (1997). Available at: http://digitalcommons.law.scu.edu/lawreview/vol37/iss2/3 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. INTERNATIONAL HUMAN RIGHTS PROTECTION AGAINST PSYCHIATRIC POLITICAL ABUSES George J. Alexander* I. INTRODUCTION While some instances of alleged psychiatric abuse have been litigated, much more remains untested in international tribunals. It is even fair to say that issues of human rights violations through psychiatric interventions only elicited sparse domestic jurisprudence until quite recently.1 That is not to say that there are not announced principles which ap- pear to protect against abuse. Such rules exist both nation- ally and internationally. They are, however, undermined by exceptions designed to permit medical treatment for those deemed to require it. Unfortunately, those who invoke the mental health system, however cynically, usually begin by claiming therapeutic aims. Secondly, madness, however de- scribed, can be used as a claim for relief from legal responsi- bility, as in the insanity defense, or in claims of legal incom- petence.