| Literature DB >> 34970171 |
Marie Chieze1, Christine Clavien2, Stefan Kaiser1, Samia Hurst2.
Abstract
Introduction: Coercion is frequent in clinical practice, particularly in psychiatry. Since it overrides some fundamental rights of patients (notably their liberty of movement and decision-making), adequate use of coercion requires legal and ethical justifications. In this article, we map out the ethical elements used in the literature to justify or reject the use of coercive measures limiting freedom of movement (seclusion, restraint, involuntary hospitalization) and highlight some important issues.Entities:
Keywords: coercion; ethics; involuntary hospitalization; legitimacy; psychiatry; restraint; seclusion
Year: 2021 PMID: 34970171 PMCID: PMC8712490 DOI: 10.3389/fpsyt.2021.790886
Source DB: PubMed Journal: Front Psychiatry ISSN: 1664-0640 Impact factor: 4.157
Ethical elements used in the literature to discuss the acceptability of coercion, classified under different levels of families (thematic groups).
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| Non-negotiable respect for fundamental rights | Infringement of fundamental, non-negotiable rights | Coercion is an infringement of fundamental rights (freedom of movement and will, autonomy, bodily integrity), to be respected above all ( |
| Respect for human dignity | Dignity to be respected, not compatible with coercion ( | |
| Respect for moral values | Respect for autonomy | Autonomy as an intrinsic human value, to be respected at all costs ( |
| Respect for bodily integrity | Violating integrity is prohibited if decision-making capacity is present ( | |
| Coercion prohibited if decision-making capacity is present ( | ||
| Ontology of (a) mental disorder(s) | Mental disorder does not exist; hence, there is no legitimacy for the use of coercion ( | |
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| Prioritized moral values | Autonomy | Absence of contradiction between autonomy and coercion ( |
| Autonomy to be considered when coercing ( | ||
| Respect for autonomy not absolute ( | ||
| Supported autonomy ( | ||
| Coercion of autonomous patients ( | ||
| Integrity | Avoid damage to integrity if coercion is used ( | |
| Coercion is possible, but integrity may not be violated if autonomy is present ( | ||
| Respect for dignity | Dignity to be respected, even if patient is coerced ( | |
| Coercion can bring a greater perception of dignity ( | ||
| Dignity as an outcome of coercion assessments ( | ||
| Benevolence | Institutions and their measures are beneficial ( | |
| Coercion is necessary if there is no other possibility of respecting benevolence ( | ||
| Coercion is needed to protect the patient's interests (paternalism) ( | ||
| The relational nature of the person allows one to intervene in his/her life ( | ||
| Non-maleficence | Coercion is needed if there is no other possibility to respect non-maleficence ( | |
| Coercion as an alternative to the occurrence of other damage or harm ( | ||
| Not using coercion would be non-assistance to a person in danger ( | ||
| Less frequent coercion for non-maleficent purposes ( | ||
| Justice/fairness | Coercion for society's protection and well-being ( | |
| Coercion to regulate with justice and fairness ( | ||
| Individual rights are to be balanced with the common good ( | ||
| Coercion: Little reference to justice ( | ||
| Safety | Safety of others ( | |
| Patient safety ( | ||
| Community well-being | Community primacy (good of the many) ( | |
| Authorized infringement of rights | Overriding fundamental rights and freedoms | Overstepping is allowed under certain circumstances ( |
| Restrictions on freedom to be adapted to the need for treatment ( | ||
| Dichotomous approach: Rights are respected or not ( | ||
| Necessary coercion | Unavoidable coercion ( | |
| To consider coercion as unethical is too simplistic ( | ||
| Coercion as naturally present | Coercion is present in daily life ( | |
| Coercion is present in daily clinical practice ( | ||
| Coercion is common in psychiatry ( | ||
| Legal basis and official recommendations | Legislative norms regulate coercion ( | |
| Legal standards take the principle of autonomy into account ( | ||
| Guidelines are based on scientific evidence and ethical outcomes ( | ||
| Factors influencing the justification of the infringement of rights | Dichotomous approach: Coercion is ethical (or not) ( | |
| The conception of freedom changes the justification ( | ||
| Limits to the authorization of coercion | Fundamental rights to be respected, even under coercion ( | |
| Coercion requires ethical justification ( | ||
| Relational factors to consider | Physician's responsibility | Moral and legal responsibility toward the patient ( |
| Duty of care ( | ||
| Necessary moral and professional qualities ( | ||
| Avoid role-based conflicts ( | ||
| Patient-caregiver interactions | Patient-caregiver relationship ( | |
| Communication ( | ||
| Caregiver competence ( | ||
| Debriefing in anticipation of the future ( | ||
| Lack of health care personnel ( | ||
| Place of relatives | Relatives to be involved in decisions ( | |
| Coercion when relatives are exhausted or overwhelmed ( | ||
| Beneficial, subjective perceptions | Of caregivers ( | |
| Of patients ( | ||
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| Respect for fundamental rights | Infringement of fundamental rights | Rights are to be respected, but can be overstepped in certain circumstances ( |
| Respect for human dignity | Risk of losing dignity with coercion ( | |
| Respect for bodily integrity | Coercion as a violation of integrity ( | |
| Respect for moral values | Respect for autonomy | Coercion affects autonomy ( |
| Respecting autonomy allows one to decrease coercion ( | ||
| Autonomy to be respected unless there is danger or decision-making incapacity ( | ||
| A mental disorder does not imply a lack of autonomy ( | ||
| Benevolence | Coercion is contrary to the patient's interests ( | |
| Unjustifiable paternalism ( | ||
| Benevolence often comes first in psychiatry, but is not enough ( | ||
| Non-maleficence | Coercion is contrary to the principle of non-maleficence ( | |
| Prevention of damage in advance is not justifiable ( | ||
| Safety | Unjustifiable coercion for safety ( | |
| Institutionalization for safety is not justifiable ( | ||
| Other elements weighing against coercion | Punitive coercion is unacceptable | Punitive use of coercion ( |
| Punitive perception of coercion ( | ||
| Difference between punishment and care ( | ||
| Abuse of power ( | ||
| Global process | Coercion prevents an increase in self-esteem and a sense of identity ( | |
| No proven efficacy ( | ||
| The interests of others are put before the patient's interests | Anticipation/comfort of caregivers ( | |
| Safety of others is important ( | ||
| Relatives involved in coercion-related decisions ( | ||
| Adverse effects of coercion | Negative and traumatic experiences ( | |
| Risk or aggravation of somatic disorders ( | ||
| Personality changes ( | ||
| Coercion can impair decision-making capacity ( | ||
| Informal coercion | Informal coercion to be considered as coercion in its own right, therefore to be justified ( | |
| Informal coercion leaves the patient in a position of no choice ( | ||
| Formal coercion | More serious consequences require more justification than informal coercion ( | |
| Banalization ( | ||
| Elements of inadmissibility of the justification of coercion | Decision-making capacity | Decision-making incapacity is not sufficient to justify coercion ( |
| Ontology of (a) mental disorder(s) | A mental disorder does not justify coercion ( | |
| Identical mental and somatic disorders ( | ||
| Preventing coercion | Alternatives ( | Coercion not as the first phase of treatment ( |
| Prevention, de-escalation, communication ( | ||
| Recovery and advance directives ( | ||
| Relational factors to consider | Need for clearer recommendations to respect the patient | Respect for the patient's rights ( |
| Research to be pursued ( | ||
| Hospital discharge: The gray area of no choice ( | ||
| Place of psychiatry and psychiatrists | The only discipline where treatment can be provided against the patient's will, so be careful ( | |
| Psychiatry is caught between different norms (social, legal, medical), so there are tensions and pressures to be aware of for an ethical decision ( | ||
| Patient-caregiver relationship | Coercion alters the therapeutic relationship ( | |
| Coercion is used to avoid caregiver involvement ( | ||
| A strong relationship can reduce coercion ( | ||
| Caregiver competence | Lack of ability to assess dangerousness ( | |
| Problem evaluating decision-making capacity ( | ||
| Subjective perceptions of caregivers | Negative emotions and guilt ( | |
| Ambivalent feelings to be analyzed for a patient-centered decision, not the caregiver's self-interest ( | ||
| Coercion as the omnipotence of caregivers ( | ||
| Other people's eyes ( | ||
| Subjective perceptions of patients | Negative experiences of coercion ( | |
| Subjective perceptions may differ from objective measures, to be considered for the care and support of the patient ( | ||
| Principle of the least restrictive measure not applicable because assessment is subjective ( | ||
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| Conditions for the fair application of coercion | Principles of proportionality and necessity ( | |
| Principle of subsidiarity | Coercion as a last resort ( | |
| Least restrictive method ( | ||
| Choice of method with the best or least negative consequences ( | ||
| Non-cumulative (but alternative) measures of coercion ( | ||
| Necessary (but not sufficient) conditions | Severe mental disorder ( | |
| Decision-making incapacity ( | ||
| Danger to oneself or others: the right to protection ( | ||
| Need for care: the right to treatment ( | ||
| Emergency ( | ||
| Agitation/violence ( | ||
| Justification according to the overall process of care in which the measure fits | Efficiency ( | |
| Coercion as a care setting ( | ||
| Recovery of autonomy, relational autonomy ( | ||
| Post-acceptance ( | ||
| Distinction between punishment and care ( | ||
| Level of justification required | Degree of the coercion continuum ( | |
| Degree of influence ( | ||
| Informal coercion to avoid formal coercion ( | ||
| Formal coercion varies ( | ||
| Proper evaluation criteria | Evaluation according to dichotomous criteria ( | |
| Individual assessment ( | ||
| Decision-making capacity assessment ( | ||
| Intervention assessment ( | ||
| Assessment of future danger ( | ||
| Evaluation of the lifting of the measure ( | ||
| Assessor competencies ( | ||
| Conflicting standards | According to the moral weight at stake ( | |
| Autonomy–safety ( | ||
| Benevolence–autonomy ( | ||
| Non-maleficence-autonomy ( | ||
| Beneficence–non-maleficence ( | ||
| Benevolence–safety of others ( | ||
| Benevolence–equity ( | ||
| Risk of abuse of power ( | ||
| Choice of measure | Balance of benefits and adverse effects ( | |
| Internal caregiver conflicts ( | ||
| Value conflicts for relatives ( | ||
| Evaluation | Patient refusal does not imply decision-making incapacity ( | |
| Mental disorder does not imply decision-making incapacity ( | ||
| Evaluation paradoxes | Choice between moral values ( | |
| Patients say what caregivers want to hear ( | ||