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Why doednt civil rights adhere to patients detained in psychiatric hospitals?
I've been studying a lot of law and realized that people detained in psychiatric hospitals arent gauranteed civil rights.
For example, they are not allowed to see the evidence against them or are allowed to contest forced treatment upon them by a independent arbitrator (like a court of law which also includes come standard of solid evidence to make a conclusive diagnosis)
Such a thought is rather disturbing considering forced treatment can cause serious damage to ones harmony as well as possible brain/bodily damage that cannot be reversed.
So how is it possible that laws personified to psychiatric care circumvent civil rights??
I know civil rights are subjected to limitations, but there's suppose to be a balance rights of the individual and the rights of the a State ( society as a whole), the same way the criminal justice system strikes a balance towards the rights of an accused individual and the state.
2 Answers
- okiknowitLv 77 years ago
No person shall be deprived of life liberty or property without Due Process of law.
Ronald Reagan championed the reduction of federal assistance to state hospitals, said that only dangerous patients should get free treatment and that "community healthcare" meaning no healthcare should take its place, so he indirectly had a lot of psychiatric patients released. That is why we have so many crazy homeless people on the streets.
Only if a person is a danger to himself or others can he be involuntarily hospitalized. A judge has to order this and a guardian is appointed who must periodically appear before the court to certify that the patient is still insane. Most patients are not involuntarily committed. They actually signed themselves in at one time and are just too crazy to sign themselves out.
- John de WittLv 77 years ago
For the most part, these people have had their day in court to protect their rights (they don't just magically appear, "detained in a psychiatric hospital"), and they've been adjudged incompetent to make decisions for themselves.
