No Means No, Or Does It? A Comparative Study of the Right to Refuse Treatment in a Psychiatric Institution

Abstract

AbstractAround the world, people with mental disabilities are subject to many types of behavioral therapies against their will, including medications and restraints. This is especially true of people who are institutionalized. These intrusions are in violation of fundamental international human rights principles. People with mental disabilities are often stripped of many of their basic rights, including the right to determine what is done to their bodies. This article compares the prevailing law on the right to refuse treatment for people with mental disabilities in an institutional setting in three different nations on three continents, specifically in the United States, Kenya, and Brazil.