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Legal Protection in involuntary medical treatment: What Does It Entail?
Every day, approximately 65 people in the Netherlands are subjected to a court-issued care authorization or a short-term crisis measure for involuntary mental health care. In these cases, psychiatrists temporarily make decisions against their patient’s will. Such coercive treatment is applied only when someone poses a danger to themselves or others due to a mental disorder. Although forced interventions in patients' lives are sometimes necessary, they have a profound impact. This makes it even more important for healthcare providers to adequately protect patients' rights. But what does it entail?
Properly ensuring legal protection requires continuous reflection and asking yourself: can I justify ‘freedom restricting’ measures and ‘restraint’ to control a person’s actions? These are often difficult decisions, especially in crisis situations where emotions run high and there is resistance. How do you ensure that rights are well safeguarded despite the challenging circumstances?
First and foremost, it means prioritizing the dignity and quality of life of patients. We often instinctively choose safety over freedom. It is crucial to keep asking: can we prevent, limit, or scale-down coercion? Sometimes there are less intrusive care-solutions available that the patient is willing to accept.
Take Henriëtte, for example, who prefers to take pills rather than get injections for her medication, because she finds the injections humiliating. Her request could be honored by setting conditions for proper medication intake.

Or take Aziz, who constantly calls on his network of care providers , causing them to become overloaded. Instead of imposing communication-restricting measures , alternatively, he can be offered the opportunity to monitor his phone usage and help him understand the consequences of his actions.
When coercive care is truly unavoidable, its necessity must be well substantiated. This ensures that the patient has a fair legal position and has the opportunity to challenge the decision. It is also essential to discuss decisions with the patient. The way these conversations are conducted can make a significant difference. Showing compassion, communicating respectfully, and using clear and understandable language can all help. While this may take more time, research shows that it often results in less resistance and more willingness..
In short, legal protection is not just about ticking boxes and ensuring that legal procedures are followed. As a healthcare provider, you are also responsible for ensuring that coercive care remains humane. That must be a top priority. Because ultimately, that too is legal protection.

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Film made by Bord&Stift.
Text: Maud
Illustrations: Mieske
Editor: Michiel
Project planner: Noëmie


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