Detailed contribution information
| Contribution title | 3501 - The role of a „trusted third party“ in the context of involuntary hospitalization in Switzerland |
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| Contribution code | PS02-31 (P) |
| Authors | |
| Form of presentation | Poster |
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| Abstract |
As a result of the last revision of the Swiss Law on Child and Adult Protection in 2013, involuntarily hospitalized individuals may now appoint a „trusted third party“ (Vertrauensperson) to support them during hospitalization and potential related procedures. This person is also authorized to appeal to the court. From a legal point of view, the aim of the theoretical construct of a „trusted third party“ is to support the right of a person’s self-determination. Involuntarily hospitalized persons are often in a critical and difficult state of their life and may be restricted to enforcing their rights by themselves. According to the Swiss Legislator, the revised law accommodates these circumstances inter alia by allowing a „trusted third party“ to interfere on behalf of the involuntarily hospitalized person, e.g. to appeal to the court . Furthermore a „trusted third party“ could help the patient in question to cope better with his or her situation. Until now, there are no published studies on the impact of this new legal construct. However, first overall analysis and direct observations suggest that only few patients exercise this right of a „trusted third party“. An ongoing study of the Zurich Centre of Competence on the Swiss Law for the Protection of Children and Adults (Kompetenzentrum Kindes- und Erwachsenenschutzrecht der Psychiatrischen Universitätsklinik Zürich) examines the question, to what extent involuntarily hospitalized individuals know about this new right to appoint a „trusted third party“ and to what extent they exercise this right. One of the goals of the study is to analyze potential reasons or obstacles for patients to appoint a „trusted third party“. Although well-intentioned by the legislator, its mere non-existence in practice after more than three years may be an indication that the possibility to appoint a „trusted third party“ does not really enhance the self-determination of a patient and therefore does not really meet the needs of an involuntarily hospitalized person. |