ABSTRACT
This chapter examines the aims of hospitalisation. It looks at provision to reduce hospitalisation, and at rehabilitation approaches like ‘clubhouses.’ Also discussed are therapeutic communities for people with schizophrenia, and the Open Dialogue system of mental health care. The chapter outlines legal underpinnings of involuntary commitment of patients to psychiatric settings, and legal reasons for involuntary hospitalisation and physical restraint. Two UN conventions are discussed: the 1987 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the 2012 Convention on the Rights of Persons with Disabilities. Also considered is Méndez’ 2013 report The 2013 Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This links some psychiatric provision to torture, and other cruel, inhuman, or degrading treatment or punishment. The chapter examines the 2014 Center for Human Rights and Humanitarian Law: Anti-Torture Initiative report which includes rebuttals to which Méndez responded, substantially qualifying his earlier observations. The chapter recognises the need for involuntary hospitalisation and treatment in certain circumstances, while ensuring that procedures are fit for purpose, and that safe ways are sought to further reduce involuntary hospitalisation and treatment.
