Kritisk Juss (Jan 2020)

Prohibition on research involving psychiatric patients subject to coercion

  • Søren Birkeland,
  • Kathryn Berzins,
  • John Baker,
  • Titti Mattsson,
  • Karl Harald Søvig,
  • Frederik Gildberg

Journal volume & issue
Vol. 51
pp. 2 – 29


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Abstract This paper compares legislation on clinical research conducted on patients subject to coercion in the Scandinavian countries and the UK, examines it from a human rights perspective, and problematizes the Danish legal model as the only one employing a total ban on this kind of research. Reference is made to the consequences to evidence-based psychiatric care improvements and international ethical principle statements generally entitling psychiatric patients to treatment under similar ethical and scientific conditions as patients with other illnesses, given the absolute premise that the patient does not object to research participation and always retains the right to withdraw.