Involuntary commitment by country

Involuntary Commitment by Country

Van Mesdagkliniek in Groningen, Netherlands

Involuntary commitment, also known as civil commitment, is the legal process through which an individual with severe mental illness is court-ordered into treatment in a psychiatric hospital (inpatient) or in the community (outpatient). The criteria and procedures for involuntary commitment vary significantly across different countries, reflecting diverse legal, cultural, and medical practices.

General Overview

Involuntary commitment is typically used when an individual poses a significant risk to themselves or others due to mental illness. The process often involves a legal hearing where evidence is presented regarding the individual's mental state and potential danger. The decision to commit someone involuntarily is usually made by a judge or a panel of mental health professionals.

Europe

United Kingdom

In the United Kingdom, involuntary commitment is governed by the Mental Health Act 1983, which allows for the detention of individuals for assessment and treatment. The Act specifies different sections under which a person can be detained, such as Section 2 for assessment and Section 3 for treatment. The decision to detain someone is typically made by an approved mental health professional and two doctors.

Netherlands

In the Netherlands, involuntary commitment is regulated by the Wet verplichte geestelijke gezondheidszorg (Wvggz), which replaced the old BOPZ law. The new law emphasizes the rights of the patient and aims to provide care in the least restrictive environment possible. A court order is required for involuntary commitment, and the process involves a multidisciplinary team.

North America

United States

In the United States, involuntary commitment laws vary by state. Generally, a person can be committed if they are deemed to be a danger to themselves or others, or if they are unable to care for themselves. The process often involves a psychiatric evaluation and a court hearing. Some states have adopted outpatient commitment laws, which allow for mandatory treatment in the community.

Canada

In Canada, each province and territory has its own mental health legislation. For example, in Ontario, the Mental Health Act allows for involuntary admission if a person meets certain criteria related to risk and mental disorder. The process involves a physician's assessment and, in some cases, a review board hearing.

Asia

Japan

In Japan, involuntary commitment is governed by the Mental Health and Welfare Act. The law allows for involuntary hospitalization if a person is deemed to be a danger to themselves or others. The decision is made by a designated psychiatrist and must be reviewed by a mental health review board.

India

In India, the Mental Healthcare Act 2017 provides the framework for involuntary commitment. The Act emphasizes the rights of individuals with mental illness and requires that involuntary admission be reviewed by a mental health review board.

Related Pages

• Mental health law
• Psychiatric hospital
• Mental disorder
• Patient rights