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Involuntary treatment

Involuntary treatment. All involuntary treatment must comply with Charter. Involuntary detention and treatment can still comply with Charter. A person must not be: Subject to arbitrary detention Deprived of their liberty except in accordance with law.

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Involuntary treatment

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  1. Involuntary treatment • All involuntary treatment must comply with Charter

  2. Involuntary detention and treatment can still comply with Charter

  3. A person must not be: • Subject to arbitrary detention • Deprived of their liberty except in accordance with law

  4. Right to Humane Treatment when deprived of Liberty • Distinction between deprivation and restriction of liberty

  5. Right to humane treatment continued • International law requires that at commencement of detention a person should be informed of his rights

  6. Right to humane treatment continued • Access to records of medical examinations shall be ensured

  7. Right to freedom of movement

  8. a person has the right not to have his privacy unlawfully or arbitrarily interfered with

  9. A person must not be treated in a cruel, inhuman or degrading way • Degrading treatment includes • treatment which causes fear, anguish and humiliation

  10. Reasonable Limitations • Involuntary treatment must be least restrictive of all of a person’s Charter rights

  11. Reasonable Limitations • Refusal to consent unreasonable

  12. Reasonable Limitations Involuntary treatment is necessary: • To prevent immediate harm or • Serious deterioration

  13. Treatment Plans All Charter rights considered Patients’ wishes strengthened by Charter

  14. A is on a CTO • She does not want to take medication because she has put on a large amount of weight • She has had two short hospital admissions in 1999 and2005 • Between 1999 and 2005 A was not on a CTO and did not take medication • When A becomes unwell she becomes frightened and isolates herself.

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