[Compulsory treatment under legal uncertainty: part 1: the current legal situation on compulsory treatment of patients with psychiatric disorders incapable of consenting]

Abstract

A series of recent court decisions have been concerned with the compulsory treatment of patients with mental disorders who are incapable of giving consent. This article describes the current legal situation on compulsory treatment for different cases to achieve the aim of internment, endangerment to third parties, self-endangerment, for intercurrent diseases and to achieve the aim of therapy. The verdicts contribute on the one hand to strengthen patient autonomy against governmental or medical paternalism. On the other hand the verdicts have effected a substantial legal uncertainty with the undesired indirect consequence that fixation will probably be used more often.