Introduction
Depriving people with
mental disorders of their liberty had been an unquestioned practise for
centuries and even the 1845 Lunacy Act
explicitly prohibited the discharge of patients deemed dangerous or unfit,
together with removing their right to challenge their detention in court.
Evermore, vesting the monopoly of coercion (and violence) to a legitimate
authority is more or less nested within the foundations of our societies,
justified by the aim of safeguarding justice, human rights
and overall wellbeing. However, since 1845 many advances have occurred in the understanding
and management of mental disorders, while the extent to which the state or
other institutions should interfere with individuals’ freedom has been debated
to different directions. The involuntary institutionalization and/or treatment
of the mentally ill “who are a danger to
themselves or to others,” although still common in most countries, has
generated many heated discussions and hence aim of this essay is to discuss the
ethical considerations intrinsic to such a proposition i.e. “it is the right thing
to do,” and those related to its practical and legal issues.
