Use of Force in Somatic Treatment of Adults in Denmark

Abstract

The article provides a critical analysis of the new Danish Act on Use of Force in Somatic Treatment of Adults with a Permanently Impaired Ability to Give Consent (FTAC, Act no. 655 of 8 June 2017), which covers adults unable to give an informed consent. The rules in the Act are included in the legal framework governing medical treatment with and without consent in Denmark, and the article draws on international human rights in connection with the subject matter. The aim of the article is also to highlight the grey areas that still exist despite the new rules and to provide legal argumentation for solutions to the issues that can arise in these legal grey areas.

Keywords: Danish Act on Use of Force in Somatic Treatment of Adults with a Permanently Impaired Ability to Give Consent (FTAC, Act no. 655 of 8 June 2017); Danish somatic treatment; Force; capability; consent.