IDEAS home Printed from https://ideas.repec.org/a/gam/jlawss/v6y2017i1p2-d88051.html
   My bibliography  Save this article

Collegiality, Therapy and Mediation—The Contribution of Experts in Swedish Mental Health Law

Author

Listed:
  • Stefan Sjöström

    (Department of Social Work, Umeå University, SE-901 87 Umeå, Sweden)

  • Maritha Jacobsson

    (Department of Social Work, Umeå University, SE-901 87 Umeå, Sweden)

  • Anna Hollander

    (Department of Social Work, Stockholm University, SE-106 91 Stockholm, Sweden)

Abstract

Independent experts serve a vital role in how the human rights of patients are protected in mental health law. This article investigates the contribution of court-appointed psychiatrists (APs) in civil commitment court hearings. Analysis is based on 12 court hearings that were audiotaped. Supplementary informal interviews with participants were also conducted. Data were analysed through a combination of rhetoric analysis and discourse analysis. Analysis of the hearings reveals that APs do not fulfil their function to critically investigate treating psychiatrists’ (CPs) recommendations that patients meet commitment criteria. They typically do not ask any questions from CPs, and the few questions that are asked do not cast light on the legal issues at stake. To further understand the role of APs, their communication has been analyzed in terms of four interpretative repertoires: collegial, disclosing, therapeutic and mediating. In conclusion, the human rights of patients subjected to involuntary commitment might be at risk when therapeutic concerns are built into the process. The specific Swedish model where APs deliver their own assessment about whether commitment criteria are met may be counterproductive. This argument possibly extends to the role of medical members in mental health tribunals in the United Kingdom, Australia and New Zealand.

Suggested Citation

  • Stefan Sjöström & Maritha Jacobsson & Anna Hollander, 2017. "Collegiality, Therapy and Mediation—The Contribution of Experts in Swedish Mental Health Law," Laws, MDPI, vol. 6(1), pages 1-17, January.
    • Handle: RePEc:gam:jlawss:v:6:y:2017:i:1:p:2-:d:88051
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2075-471X/6/1/2/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2075-471X/6/1/2/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Angela Liberatore & Silvio Funtowicz, 2003. "‘Democratising’ expertise, ‘expertising’ democracy: What does this mean, and why bother?," Science and Public Policy, Oxford University Press, vol. 30(3), pages 146-150, June.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Gregory Hill & Steven Kolmes & Michael Humphreys & Rebecca McLain & Eric T. Jones, 2019. "Using decision support tools in multistakeholder environmental planning: restorative justice and subbasin planning in the Columbia River Basin," Journal of Environmental Studies and Sciences, Springer;Association of Environmental Studies and Sciences, vol. 9(2), pages 170-186, June.
    2. Bob Frame, 2008. "‘Wicked’, ‘Messy’, and ‘Clumsy’: Long-Term Frameworks for Sustainability," Environment and Planning C, , vol. 26(6), pages 1113-1128, December.
    3. Lowe, Philip & Phillipson, Jeremy & Proctor, Amy & Gkartzios, Menelaos, 2019. "Expertise in rural development: A conceptual and empirical analysis," World Development, Elsevier, vol. 116(C), pages 28-37.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jlawss:v:6:y:2017:i:1:p:2-:d:88051. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.