Throughout this semester we have discussed many issues pertaining to access to medicine. Most of our discussions have centered on the removal of negative restrictions that limit an individual or groups access to necessary medications.
New York State implemented an assisted outpatient treatment, involuntary treatment, law after two people were assaulted in the subway system by untreated men. The law is known as Kendra’s Law, named after one of the victims. DJ Jaffe writes for Forbes.com:
Studies over 10 years have shown Kendra’s Law helps the seriously mentally ill by reducing homelessness (74%); suicide attempts (55%) and substance abuse (48%); keeps the public safer by reducing physical harm to others (47%) and property destruction (43%); and saves money by reducing hospitalization (77%); arrests (83%) and incarceration (87%). Surprisingly, 81 percent of those ordered into treatment said AOT helped them get and stay well.
Forced medication seems to benefit the individuals who receive the treatment. Does the fact that these people do not seek the initial treatment themselves constitute a violation of their rights? Or is forced treatment a mechanism that seeks to protect the human rights of the greater portion of society? Jaffee argues that the New York State Office of Mental Health does not go far enough, and does not extend treatment to a large enough population. I am not sure how I feel about this. Jaffe is founder of Mental Illness Policy Org, a pro-treatment organization. The organizations overwhelming website has vast amounts of information in support of forced medication.
Implied within Jaffe’s argument is mental health patients are a violent threat to society, and therefore should be forced to take medication. I do acknowledge that there have been violent acts committed by patient who may have been well served by medication, but these acts represent a minority of cases.
This week South Korea is chemically castrating a repeat sex offended. This is the first time the judiciary of the nation is implementing this punishment after its allowance by a 2010 law. The offender is pending release from prison, conditional upon regular injections to decrease his level of testosterone. The injections deal with his deviance on a hormonal level, though they do not serve to socially rehabilitate his condition.
In discussing the rights of the patient who receive involuntary treatment- Is it possible that these procedures are a violation of individual civil rights, while concurrently serving to protect the human rights of a larger society?