ABSTRACT

Psychiatry and the law are connected. The law must protect not only the patient but also society, and this raises the problem of individual liberty of the patient (the autonomy of the patient, e.g. concerning consent) versus, among other matters, the compulsory treatment of patients against their wishes (the duty of care of the doctor, e.g. to avoid negligence) – that is, the dilemma between the compulsory care and treatment of mentally disordered people and their rights. This balance has varied through history and varies between countries.