Differences of Legal Regulations Concerning Involuntary Psychiatric Hospitalization in Twelve European Countries: Implications for Clinical Practice

Abstract

This article compares civil law issues associated with involuntary hospitalization in psychiatric establishments of 12 European countries, and comments on differences important for clinical practice. A cross-validated methodology based on original legal texts was used. Major cross-national differences appeared for basic conditions as well as additional criteria for involuntary admission, time periods for making decisions, the association between involuntary placement and treatment, patients' rights to register complaints, roles of relatives, and safeguard procedures of these processes. Suggestions for cross-national harmonization focus on: simplification of the legal decision process, standardization of time periods for judicial decisions, transparency of regulations to lodge appeals and to involve persons from the patient's environment into the judicial procedures, and establishment of permanent and active monitoring of safeguard measures.