ABSTRACT

This chapter offers an overview of the legislation with respect to involuntary admission to psychiatric hospitals in nine European countries. The European countries are: Austria, Belgium, Denmark, England/Wales, France, Germany, Italy, the Netherlands, and Switzerland. The chapter focuses on the legal position of psychiatric patients. It outlines the international rules and declarations regarding the rights of involuntarily committed psychiatric patients, and it assesses the activities of the Council of Europe in this area. The chapter examines the issue of the limits of law in the field of psychiatry as well as the importance of evaluating legislation. The discussion about the legal position of psychiatric patients usually focuses on the triangle of autonomy, beneficence and the protection of society. On the basis of the evaluation the Dutch government proposed a number of changes to the Act. This resulted in a number of legislative amendments that were intended to improve the effectiveness of the law.