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elegantly “[…] talks of giving committed patients a right to choose among effective treatments,
but not a right to reject all of them […].”
The rejection of any kind of treatment requires that the patient has the capacity to realize that he
is sick and therefore manifesting it through the acceptation of the diagnosis. Otherwise, in case
the patient is acting insanely because of his illness and it represents risks of self-harm and trouble
to the society around him, then it’s advisable to follow an involuntary treatment.
For example, if we take what is prescribed by the Brazilian legislation, specifically, the Law Nº
10. 216, from April 2011, also known as the Anti-Asylum Law – Lei Antimanicomial -, which
deals basically with three forms of hospitalization on its article 6º, single paragraph, subsections
I, II, III, namely: voluntary hospitalization, involuntary hospitalization and compulsory
hospitalization. The difference is due to the fact that the first one is given through the consent of
the patient; the second one, without the consent of the patient, but with the request of a third party;
and, finally, the third one, which is determined by justice (Brasil, 2001).
Even though there were many cases where involuntary treatment was understood as a pejorative
synonym for punishment, torture, or cruelty, in theory, it is a way of taking care of the patient, not
letting him hurt himself or others. Therefore, a legislative approach, such as the example of the
aforementioned Brazilian legislation, are mechanisms that serve not only to regulate, but, above
all, to prevent that dangerous situations take place, both for the patient and for society.
It is important to realize that “[…] unlikely other minorities, the mentally ill are the ones that least
express the segregation they suffer and their longings do not reflect socially. ” 1 (Viladeutopia,
2017, par. 5, our translation).
Besides having to live with all the problems related to the disease such as hallucination,
restlessness, fear, insomnia, sadness, range, paranoia, dementia etc. A mentally ill person still have
to face the stigma and discrimination of being understood as dangerous or violent person.
In this context it is important to make a definition of stigma and we can rescue the meaning of
this word simply through the dictionary. Stigma can be seen as a pejorative mark over specific
circumstances or persons. In other words, “[…] a strong feeling of disapproval that most people
in a society have about something, especially when this is unfair. ” (Cambridge dictionary, 2018,
par. 1, emphasis added by the author).
Now, when we talk about a social stigma we’re basically referring to that kind of stigma in which
the condition of the individual is part of an inferior group. So, social stigma is also a structural
stigma that can create barriers for mentally ill patients as well. Finally, this leads to unequal access
to treatment services and policies (Ahmedani, 2011). So far we know, the mental ill individual