| Summary: | 碩士 === 國立清華大學 === 科技法律研究所 === 99 === Some mental disorders could cause the harm to others or self and the disturbance of public security. States take involuntary treatment as a measure of social control out of the reason. But, involuntary treatment may infringe on the fundamental rights of mental disabled in either chosen treatment methods or decisive procedure. Some treatments with side-effects bring about physical and mental injuries. Also, part of the decisive procedure of involuntary treatment cannot protect the liberty of persons with mental disabilities comprehensively due to the ignorance of behavioral nature of the symptoms and the lack of properly specialized measures for them to fully exercise the procedural rights.
To search the balance between involuntary treatment and rights protection, first, the article discussed the controversy of the involuntary treatment in substantial and procedural aspects. Next, the article outlined the development of theories of the principle of autonomy then found out the best one- Relational Autonomy, as the claim of autonomy for mental disabled. Finally, it analyzed the jurisprudence on involuntary treatment under international organization, mainly focused on the United Nations human rights system, European human rights system, and inter-American human rights system, then, concluded whether the current development of law for rights protection under involuntary treatment of international human rights is compatible with the standard on the basis of relational autonomy.
By proposition of relational autonomy and the analysis of current development of the jurisprudence under international human rights law, the article hopes to provide the different perspective to think about the psychiatric involuntary treatment issue and the reference to legislation of domestic Mental Health Law.
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