Abstract
The article concerns involuntary treatment of infectious and mental diseases.
Development of the legal regulation since the 19th century has been described here. Quality
of the existing legal regulation has also been evaluated. Issues of involuntary psychiatric
treatment have been analysed and demonstrated by the international case-law and state
court practice. Significant differences between legislation in mental and infectious diseases has been detected, as well as differences have been traced between legal standards
in the area of involuntary placement and involuntary treatment of mental disorders in
Latvia and other countries. It has been concluded that involuntary psychiatric treatment,
in line with epidemiological safety, is a task of public governance in the area of domestic
security and safeguarding of human rights and it has to be reinforced by governmental
authority. Thus, proposal of elaboration of the corresponding law has been made.
Development of the legal regulation since the 19th century has been described here. Quality
of the existing legal regulation has also been evaluated. Issues of involuntary psychiatric
treatment have been analysed and demonstrated by the international case-law and state
court practice. Significant differences between legislation in mental and infectious diseases has been detected, as well as differences have been traced between legal standards
in the area of involuntary placement and involuntary treatment of mental disorders in
Latvia and other countries. It has been concluded that involuntary psychiatric treatment,
in line with epidemiological safety, is a task of public governance in the area of domestic
security and safeguarding of human rights and it has to be reinforced by governmental
authority. Thus, proposal of elaboration of the corresponding law has been made.
| Translated title of the contribution | Compulsory Treatment as Task of Public Governance or What Thyphoid Mary and Mad King Ludwig Had in Common |
|---|---|
| Original language | Latvian |
| Pages (from-to) | 212-231 |
| Journal | Socrates |
| Volume | 20 |
| Issue number | 2 |
| DOIs | |
| Publication status | Published - 2021 |
Keywords*
- compulsory measure of medical nature
- human rights
- infectious diseases
- involuntary treatment
- mental diseases
- state coercive power
Field of Science*
- 5.5 Law
Publication Type*
- 1.2. Scientific article included in INT1 or INT2 category journal of ERIH database
