Mental Health Rights Policy To Prevent Patient Torture

The word “compulsory” and the practice of coercion must be removed from any mental health policy. Effective mental healing should improve and strengthen individuals and thereby society, by restoring individuals to personal strength, ability, competence, responsibility, and spiritual wellbeing.

Citizens Commission on Human Rights International, a mental health industry watchdog, launched a policy for governments to adopt to prevent abuse and coercive psychiatric practices that constitute torture. This is based on reports and guidelines issued by the World Health Organization (WHO—guidance on community mental health services) and United Nations representatives for health and against torture. In 2020, the UN Special Rapporteur on Torture presented a report on “psychological torture” to the UN Human Rights Council, with the strongest condemnation to date of involuntary psychiatric interventions.

Currently, New Zealand is in the process of transforming its mental health law away from coercive and compulsory incarceration and treatment and towards a human rights approach—something CCHR says is urgently needed throughout the United States and worldwide. Recently in the U.S., the mental health system has been rocked with allegations of staff physical, sexual and chemical assaults of patients, especially children and teens in for-profit behavioral facilities, including restraint use leading to death. In 2021, fourteen staff from behavioral hospitals faced criminal proceedings over patient abuse and deaths.

Yet, U.S. psychiatrists have called for the power to increase their rights to involuntarily detain and treat patients, based on the arbitrary argument that persons are a danger to themselves or others. Such arguments fly in the face of the March 2020 UN Special Rapporteur on Torture report on “psychological torture” presented to the UN Human Rights Council, berating involuntary psychiatric interventions based on the supposed “best interests” of a person or on “medical necessity.” Such interventions, the report says, “generally involve highly discriminatory and coercive attempts at controlling or ‘correcting’ the victim’s personality, behavior or choices and almost always inflict severe pain or suffering…such practices may well amount to torture.”

WHO states that forced treatment is not proven to prevent violent practices yet are relied upon “despite the lack of evidence that they offer any benefits, and the significant evidence that they lead to physical and psychological harm and even death.”

Psychiatrists and psychologists are unable to predict whether a person is a danger to oneself or others as this relies upon subjective opinion, not science. “Violence is not a diagnosis nor is it a disease. Potential to do harm is not a symptom or a sign of mental illness,” and cannot be scientifically assessed.

Recommendations

  • Prohibition of all ElectroConvulsive Therapy (ECT) and psychosurgery, with criminal penalties to those administering these in violation of the law.
  • Informed Consent must be obtained with all major treatment risks documented in writing; the person informed that there are diverse opinions and disagreements about the medical legitimacy of psychiatric diagnoses which cannot be determined with physical-medical tests; the patient has the right to refuse treatment and revoke consent at any time, as well has the right to all available alternatives.
  • Abolish mechanical and chemical restraints, with criminal penalties if used and resulting in harm or death of the patient.
  • Proper medical testing to be conducted as part of the patient assessment, ruling out underlying and undiagnosed physical conditions that may manifest in “psychiatric” symptoms.
  • Facilities established to safely withdraw patients from psychotropic drugs.
Forced Psychiatry is Legislated Violence
This entry was posted in Big Muddy River Newsletter and tagged , , , , , , , , , . Bookmark the permalink.