1. Ethisches Spannungsfeld – Patientenselbstbestimmung und professionelle Fürsorge

    Gather, J. M. Scholten 2022. Ethisches Spannungsfeld – Patientenselbstbestimmung und professionelle Fürsorge [Ethical conflict – autonomy and beneficence]. In Springer Reference Pflege – Therapie – Gesundheit: Ethik im Gesundheitswesen, edited by A. Riedel & S.Lehmeyer. Springer.
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    In der medizinischen Praxis können Situationen eintreten, in denen die ethischen Prinzipien des Respekts vor der Patientenselbstbestimmung und der professionellen Fürsorge miteinander in Konflikt geraten. In solchen Situationen stellt sich für Professionelle im Gesundheitswesen die Frage, ob sie die Entscheidung der Patient*innen respektieren oder unter Umständen eine Maßnahme gegen den Patientenwillen durchführen sollen. Im vorliegenden Beitrag werden zunächst die medizinethischen Prinzipien der Patientenselbstbestimmung und der professionellen Fürsorge vorgestellt. Im Anschluss daran wird vom ethischen Prinzip des Respekts vor der Patientenselbstbestimmung das Konzept der informierten Einwilligung bzw. Ablehnung abgeleitet. Dabei werden die Voraussetzungen einer gültigen Einwilligung, nämlich Informationsvermittlung, Selbstbestimmungsfähigkeit und Freiwilligkeit, unter Einbezug von Strategien der Entscheidungsassistenz erläutert. Auf der Grundlage der normativen Differenzierung zwischen selbstbestimmungsfähigen und selbstbestimmungsunfähigen Patient*innen werden danach unterschiedliche Stufen der stellvertretenden Entscheidungsfindung diskutiert. Abschließend werden Konfliktsituationen zwischen Patientenselbstbestimmung und professioneller Fürsorge ethisch analysiert und es werden Kriterien formuliert, unter denen eine Maßnahme gegen den Willen einer selbstbestimmungsunfähigen Person ethisch gerechtfertigt sein kann.

  1. Das Verständnis von Wohl im Betreuungsrecht – eine Analyse anlässlich der Streichung des Wohlbegriffs aus dem reformierten Gesetz

    E. Braun J. Gather T. Henking J. Vollmann
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    The reform of German guardianship law coming into force in 2023 will remove the term “well-being” from the law. This is intended to emphasise that the legal guardian should be guided by the subjective wishes of the person rather than by an objective understanding of well-being. This article analyses the understanding of well-being underlying the reformed guardianship law in comparison to common conceptions of well-being in philosophy and medical ethics, aiming to promote interdisciplinary understanding between ethics and law. The justification for the reform emphasises that the law is based on a subjective understanding of well-being. However, this understanding does not correspond to philosophical subjective theories of well-being, according to which only things that a person desires can contribute to her well-being. In contrast, the guardianship law assumes that the fulfilment of certain wishes can lead to objective harm to the person and thus impair her well-being. Negative consequences for the objective well-being of a person are only relevant insofar as they indicate a limit to following current wishes that are based on a natural will and are not an expression of self-determination. While the term “well-being” is removed from reformed guardianship law, the law implicitly contains an understanding of well-being comparable to a hybrid conception of well-being from a medical ethics perspective. According to this conception, fulfilment of a person’s wishes generally contributes to her well-being, although certain objective criteria are also taken into consideration.

  1. Influence of mental health professionals’ attitudes and personality traits on decision-​making around coercion: Results from an experimental quantitative survey using case vignettes

    Scholten, M. Bottlender, R. Juckel, G. Gather, J.
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    Research on coercion in mental healthcare has recently shifted to the investigation of subjective aspects, both on the side of the people with mental disorders affected and the staff members involved. In this context, the role of personality traits and attitudes of staff members in decision-making around coercion is increasingly being assessed. This study aimed to examine the role of staff attitudes towards coercion and staff members’ personality traits in decision-making around coercion in an experimental setting.Methods: We assessed the attitudes towards coercion and (general) personality traits of mental health professionals in psychiatric hospitals with a quantitative survey. Furthermore, we developed case vignettes representing cases in a ‘grey zone’ and included them in the survey to assess staff members’ decisions about coercion in specific situations. Results: A general approving attitude towards coercion significantly influenced decisions around coercion in individual cases—resulting in a more likely approval of applying coercion in the cases described in the vignettes. Personality traits did not seem to be relevant in this regard. Conclusion: Strategies to reduce coercion in mental healthcare institutions should focus more on the role of staff attitudes and encourage staff members to reflect on them critically.

  1. “Voluntary in quotation marks”: a conceptual model of psychological pressure in mental healthcare based on a grounded theory analysis of interviews with service users.

    Potthoff, S. Gather, J. Hempeler, C. Gieselmann, A. Scholten, M.
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  1. The Content of Psychiatric Advance Directives: A Systematic Review

    Gaillard, A. Braun, E. Vollmann, J. Gather, J. Scholten, M.
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    Objective: Psychiatric advance directives (PADs) enable users of mental health services to express their treatment preferences for future mental health crises. PAD completion rates remain low despite high rates of interest among service users and empirically confirmed benefits of their use. A systematic review of service users’ preferences regarding the content of PADs could be a valuable resource for clinicians and policy makers and might help reduce barriers to PAD implementation. Methods: A systematic review concordant with PRISMA guidelines was conducted. CINAHL, Cochrane, EMBASE, PsycINFO, MEDLINE, PubMed, SCOPUS, and Web of Science databases were searched up to July 2, 2021. Included articles contained original empirical data on service users’ preferences regarding the content of PADs or a document analysis of existing PADs. Studies were analyzed thematically, and a narrative synthesis was conducted. The Mixed Methods Appraisal Tool was used to assess the methodological quality and risk of bias of the included studies. Results: The search yielded 4,047 articles, 42 of which were eligible for inclusion. Six themes emerged (most of which included subthemes): signs of crisis, general treatment approach, preferences regarding the treatment setting, treatment preferences, coercion, and social instructions. Conclusions: The concern that PADs may be unclear or incompatible with practice standards was not confirmed. Service users generally included clear, comprehensible, and clinically relevant information in their PADs, often providing underlying reasons for their preferences. These reasons were related to previous adverse effects of medication and personal experiences with hospital admissions.

  1. Das kombinierte Modell der Entscheidungsassistenz: Ein Mittel zur ethisch vertretbaren Umsetzung von Artikel 12 der UN-​Behindertenrechtskonvention in der Psychiatrie

    Scholten, M. J. Gather J. Vollmann 2022. The combined supported decision-​making model: A template for an ethically justifiable implementation of Article 12 of the UN Convention on the Rights of Persons with Disabilities in mental healthcare. Der Nervenarzt. https://doi.org/10.1007/s00115-​022-​01384-​1.
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    The interpretation of Article 12 of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) by the UN Committee on the Rights of Persons with Disabilities led to a controversy over the implementation of the article in psychiatry. Objective How can Article 12 CRPD be implemented in psychiatry in an ethically justifiable way? Material and method An empirically and legally informed conceptual and ethical analysis was carried out. Results The suggested combined supported decision making model ensures the recognition of people with mental disorders as persons before the law, their equal treatment in the informed consent process and the provision of supported decision making. According to this model, coercive treatment can only be carried out in accordance with the will and preferences of the person and is subject to further conditions of proportionality and review by an independent body. Conclusion The combined supported decision making model makes an ethically justifiable implementation of Article 12 CRPD possible in psychiatry.

  1. Compulsory psychopharmacological treatment in forensic psychiatry. An evaluation study on coercive measures in patients with schizophrenia in Westphalia-​Lippe according to Section 17a (2) MRVG NRW

    S. A. Efkemann B. Schiffer 2022. Compulsory psychopharmacological treatment in forensic psychiatry. An evaluation study on coercive measures in patients with schizophrenia in Westphalia-​Lippe according to Section 17a (2) MRVG NRW]. Forens Psychiatry Psychol Kriminol
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    Until recently, Section 17a (2) of the North Rhine-Westphalian forensic mental health law regulated the compulsory treatment of patients who lack mental capacity with the goal to “achieve the ability to be discharged”. Little has been discovered so far about the effects of such compulsory treatment. The present study evaluates the effects of compulsory antipsychotic medication in patients with a schizophrenia spectrum disorder who are detained in German forensic hospitals. Therefore, the symptom severity and level of functioning were assessed by mental health professionals directly before the first application of all compulsory medications (n = 16) which were administered in 3 forensic psychiatric hospitals of the Regional Association of Westphalia Lippe in 2019, as well as 4 weeks and 6 months afterwards using Positive and Negative Syndrome Scale (PANSS) and Global Assessment of Functioning (GAF). The achievement of other treatment goals, the assessment of the ability to be discharged and an overall evaluation of the compulsory treatment were also questioned. There was a significant reduction of the PANSS factors “positive symptoms” and “excitable/hostile” and an increase of the level of functioning at the first catamnesis time point, both of which continued slightly weakened. Only two patients showed no or a negative effect. Although the effects on the questioned treatment goals fell short of expectations, the mental health professionals predominantly assessed the compulsory medication positively. Compulsory treatment with antipsychotics can have a favorable effect on the goal of “achieving the ability to be discharged”; however, the limited effect on the insight into the illness and the necessity of taking the medication reveal limitations indicating that this measure is not sufficient to achieve the ability to be discharged.

  1. Opportunities and risks of self-​binding directives: A qualitative study involving stakeholders and researchers in Germany.

    Potthoff, S. Finke, M. Scholten, M. Gieselmann, A. Vollmann, J. Gather, J. 2022.974132
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    Purpose: Self-binding directives (SBDs) are a special type of psychiatric advance directive in which mental health service users can consent in advance to involuntary hospital admission and involuntary treatment during future mental health crises. This study presents opportunities and risks of SBDs reported by users with bipolar disorder, family members of people with bipolar disorder, professionals working with people with bipolar disorder and researchers with expertise in mental health ethics and law. Methods: Seventeen semi-structured interviews with users, family members and professionals, and one focus group with five researchers were conducted. The data was analyzed using qualitative content analysis. Results: Six opportunities and five risks of SBDs were identified. The opportunities were promotion of autonomy and self-efficacy of users, relief of responsibility for family members, early intervention, reduction of (perceived) coercion, positive impact on the therapeutic relationship and enhancement of professionals' confidence in decision-making. The risks were problems in the assessment of mental capacity, inaccurate information or misinterpretation, increase of coercion through misuse, negative impact on the therapeutic relationship due to noncompliance with SBDs, and restricted therapeutic flexibility and less reflection on medical decision-making. Stakeholders tended to think that the opportunities of SBDs outweigh their risks, provided that appropriate control and monitoring mechanisms are in place, support is provided during the drafting process and the respective mental healthcare setting is sufficiently prepared to implement SBDs in practice. Conclusions: The fact that stakeholders consider SBDs as an opportunity to improve personalized crisis care for people with bipolar disorder indicates that a debate about the legal and clinical implementation of SBDs in Germany and beyond is necessary.  

  1. Mental health service users’ perspectives on psychiatric advance directives: a systematic review.

    E. Braun A. S. Gaillard J. Vollmann J. Gather
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    Objective: Psychiatric advance directives (PADs) are documents that allow users of mental health services to express their preferences for treatment in future mental health crises. To increase the use of PADs in psychiatric practice, it is helpful to consider how service users view PADs and the factors that facilitate or hinder PAD creation and implementation. A systematic review of the empirical literature on this topic may help inform evidence-based policy making. Methods: A systematic review concordant with PRISMA guidelines was conducted. Relevant electronic databases were searched up to July 2, 2021. Articles containing original empirical data on service users’ perspectives on PADs were included. Data were analyzed thematically, tabulated, and narratively synthesized. Results: Fifty-three articles were identified and included. The following categories were identified: general preferences regarding factors such as legal force and revocability; benefits of PADs at the personal, treatment-related, and social levels; challenges and barriers concerning PAD creation and application; and possible and experienced facilitators of PAD creation. Conclusions: Users of mental health services are highly interested in PADs and regard them as tools to improve their involvement in care. They generally prefer legally binding PADs that can be revoked only when users are competent to consent. Barriers reported by service users were mainly related to the creation and application of PADs, and support in PAD creation was the most important facilitator identified. The involvement of mental health professionals in creating PADs appears essential to realize the benefits of PADs and to reduce barriers to their use.

  1. Ist eine Zwangsbehandlung bei Fremdgefährdung zum Wohl der gefährdenden Person? Eine ethische Analyse von Wohl und Wille im psychiatrischen Behandlungskontext.

    E. Braun M. Faissner
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    While psychiatry often has the task of averting danger to third parties, the legitimacy of this task has been controversially discussed and repeatedly questioned. From an ethical perspective, coercive measures or coercive treatment in the context of danger to others must always be well justified. In this article, we first describe how measures against a person’s will can be ethically justified. With reference to the principle of soft paternalism, it is generally assumed that coercive treatment of people who lack decision-making capacity is only justified if it is in the person’s best interests and is in line with their anticipatory or presumed will. We then examine to what extent coercive treatment of people with mental illness who endanger others can be justified on soft paternalistic grounds. We discuss different theories of well-being and propose a hybrid subjective-objective theory of well-being as a suitable standard for assessing the well-being of people with mental illness. A case study is used to discuss in which cases coercive treatment can be in the best interests of a person who endangers others and corresponds to their presumed will, and to clarify when this is not the case, for example when the person’s well-being and will contradict each other.

  1. A German version of the Staff Attitudes to Coercion Scale (SACS). Development and empirical validation

    Efkemann, S. A. M. Scholten R. Bottlender G. Juckel J. Gather 2021. A German version of the Staff Attitudes to Coercion Scale (SACS). Development and empirical validation. Frontiers in Psychiatry 11 (1458).
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    Individual staff factors, such as personality traits and attitudes, are increasingly seen as an important factor in the reduction of coercion in mental health services. At the same time, only a few validated instruments exist to measure those factors and examine their influence on the use of coercion. The present study aimed to develop and validate a German version of the Staff Attitude to Coercion Scale (SACS). The original English version of the SACS published was translated into German. Subsequently, it was empirically validated on a sample of N = 209 mental health professionals by conducting an exploratory factor analysis. The three-factor structure in the original version of the SACS, consisting of critical, pragmatic and positive attitudes toward the use of coercion, could not be replicated. Instead, the German version revealed one factor ranging from rejecting to approving the use of coercion. The SACS is one of the first instruments created to assess staff attitudes toward coercion in a validated way. The version of the instrument developed in this study allows for a validated assessment of those attitudes in German. Our results highlight the ethical importance of using validated measurements in studies on the role of staff factors in the reduction of coercion.

  1. Self-​binding directives under the new Dutch Law on Compulsory Mental Health Care: An analysis of the legal framework and a proposal for reform

    Scholten, M. L. V. Melle G. Widdershoven 2021. Self-​binding directives under the new Dutch Law on Compulsory Mental Health Care: An analysis of the legal framework and a proposal for reform. International Journal of Law and Psychiatry. https://doi.org/10.1016/j.ijlp.2021.101699.
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    Self-binding directives (SBDs) are a special type of psychiatric advance directive by means of which mental health service users can give advance consent to compulsory hospital admission or treatment during a future mental health crisis. SBDs are legally binding in the Netherlands since 2008. On the 1st of January 2020, the Dutch Law on Special Admissions to Psychiatric Hospitals (Wet bijzondere opnemingen in psychiatrische ziekenhuizen; Bopz) was replaced by the new Law on Compulsory Mental Health Care (Wet verplichte geestelijke gezondheidszorg; Wvggz). This replacement brought with it various changes in the legal arrangement for SBDs. In this article, we expound the changes in the legal arrangement and assess the implications of these changes for the practical feasibility of SBDs. We argue that the procedures for arranging compulsory care based on an SBD in the new law are too complex and time-intensive for SBDs to yield their potential benefits. We close by proposing a workable mechanism of legal authorisation of compulsory care on the basis of an SBD.

  1. Changes in the practice of involuntary hospitalization during the COVID-​19 pandemic: Experiences and opinions of chief psychiatrists

    Gather, J. S. A. Efkemann T. Henking M. Scholten C. Chrysanthou K. Hofmann G. Juckel 2021. Changes in the practice of involuntary hospitalization during the COVID-​19 pandemic: Experiences and opinions of chief psychiatrists. Psychiat Prax. https://doi.org/10.1055/a-​1406-​7265
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    Objective: To collect experiences and opinions of chief psychiatrists in relation to changes in the practice of involuntary hospitalization during the COVID-19 pandemic. Methods: Online survey among members of the Association of Chief Physicians for Psychiatry and Psychotherapy in North Rhine-Westphalia (LLPP) and analysis of protocols of LLPP board meetings. Results: Changes in the practice of involuntary hospitalization have been perceived in contexts with and without direct reference to COVID-19. These changes have affected, among other things, judicial hearings as well as decisions about the use of coercive measures. Conclusion: Procedural standards for involuntary hospitalization must be maintained and coercive measures may only be used if they meet the applicable ethical and legal requirements. It must be ensured that people with mental disorders are not treated unequally both when taking and withdrawing restrictive measures to contain the pandemic.

  1. Types of Ethical Problems and Expertise in Clinical Ethics Consultation in Psychiatry – Insights From a Qualitative Empirical Ethics Study

    Haltaufderheide, J. J. Gather G. Juckel J. Schildmann 2021. Types of Ethical Problems and Expertise in Clinical Ethics Consultation in Psychiatry – Insights From a Qualitative Empirical Ethics Study. Front. Psychiatry 12:558795. https://doi.org/10.3389/fpsyt.2021.558795
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    Background: Ethics consultation has been advocated as a valuable tool in ethically challenging clinical situations in healthcare. It is paramount for the development and implementation of clinical ethics support services (CESS) in psychiatry that interventions can address the moral needs of mental health professionals adequately and communicate the nature of the services clearly. This study explores types of ethical problems and concepts of ethical expertise as core elements of CESS in mental healthcare with the aim of contributing to the further development of ethical support in psychiatry. Methods: We conducted 13 semi-structured interviews with mental health professionals and CESS members and triangulated them with four non-participant observations of ethical case consultations in psychiatry. Data were analyzed according to principles of grounded theory and are discussed from a normative perspective. Results: The analysis of the empirical data reveals a typology of three different ethical problems professionals want to refer to CESS: (1) Dyadic problems based on the relationship between patients and professionals, (2) triangular problems, where a third party is involved and affected as a side effect, and (3) problems on a systemic level. However, CESS members focus largely on types (1) and (2), while the third remains unrecognized or members do not feel responsible for these problems. Furthermore, they reflect a strong inner tension connected to their role as ethical experts which can be depicted as a dilemma. On the one hand, as ethically trained people, they reject the idea that their judgments have expert status. On the other hand, they feel that mental health professionals reach out for them to obtain guidance and that it is their responsibility to offer it. Conclusion: CESS members and professionals in mental healthcare have different ideas of the scope of responsibility of CESS. This contains the risk of misunderstandings and misconceptions and may affect the quality of consultations. It is necessary to adapt concepts of problem solving to practitioners' needs to overcome these problems. Secondly, CESS members struggle with their role as ethical experts. CESS members in psychiatry need to develop a stable professional identity. Theoretical clarification and practical training are needed.

  1. Combining Supported Decision-​Making with Competence Assessment: A Way to Protect Persons with Impaired Decision-​Making Capacity against Undue Influence

    Scholten, M. E. Braun J. Gather 2021. Combining Supported Decision-​Making with Competence Assessment: A Way to Protect Persons with Impaired Decision-​Making Capacity against Undue Influence The American Journal of Bioethics, 21:11, 45-​47, https://doi.org/10.1080/15265161.2021.1980133

    Link to article
    This is a commentary on an article by Andrew Peterson, Emily Largent and Jason Karlawish on supported decision-making (SDM) in people with dynamic impairments of decision-making capacity (DMC). We argue that Peterson and colleagues fail to address convincingly the concern that supported decision-making may render people with impaired DMC vulnerable to undue influence. We propose our “combined supported decision-making model” as a way to address this concern. The combined SDM model employs a functional and time- and task-indexed DMC assessment as an allocation and success criterion for SDM: SDM is necessary when a person’s level of DMC falls below the threshold at which she can make meaningful treatment decisions, and successful when it raises the person’s level of DMC above this threshold. The model reduces the risk of undue influence by maintaining a clear distribution of responsibility: when SDM is successful, responsibility for the treatment decision is accorded to the person who is supported; and when a person’s DMC remains below the threshold despite SDM, responsibility is accorded to a substitute decision-maker.

  1. Nieuwe ggz-​wet tast privésfeer van patiënten ernstig aan

    Scholten, M. 2020. Nieuwe ggz-​wet tast privésfeer van patiënten ernstig aan [The new Dutch law on compulsory mental healthcare violates service users’ right to privacy]. NRC Handelsblad.
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    The new Dutch law on compulsory mental healthcare allows for ambulatory coercion. It grants mental health professionals not only permission to apply involuntary medication and physical restraint in people's homes, but also to do body and home searches and to keep people under surveillance. This opinion piece criticizes the new law. 

  1. Under which conditions are changes in the treatment of persons under involuntary commitment justified during the COVID-​19 pandemic? An ethical evaluation of current developments in Germany

    Gather, J. G. Juckel T. Henking S. A. Efkemann J. Vollmann M. Scholten 2020. Under which conditions are changes in the treatment of persons under involuntary commitment justified during the COVID-​19 pandemic? An ethical evaluation of current developments in Germany. International Journal of Law and Psychiatry 73: 101615. .
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    The COVID-19 pandemic poses significant challenges in psychiatric hospitals, particularly in the context of the treatment of people under involuntary commitment. The question arises at various points in the procedure for and process of involuntary commitment whether procedural modifications or further restrictive measures are necessary to minimise the spread of COVID-19 and protect all people involved from infection.In the light of current developments in Germany, this article examines under which conditions changes in the treatment of people under involuntary commitment are ethically justified in view of the COVID-19 pandemic. Among others, we discuss ethical arguments for and against involuntary commitments with reference to COVID-19, the use of different coercive interventions, the introduction of video hearings, an increased use of video surveillance and interventions based on the German Infection Protection Act.We argue that strict hygiene concepts, the provision of sufficient personal protective equipment and frequent testing for COVID-19 should be the central strategies to ensure the best possible protection against infection. Any further restrictions of the liberty of people under involuntary commitment require a sound ethical justification based on the criteria of suitability, necessity and proportionality. A strict compliance with these criteria and the continued oversight by external and independent control mechanisms are important to prevent ethically unjustified restrictions and discrimination against people with the diagnosis of a mental disorder during the COVID-19 pandemic.

  1. Advance decision making in bipolar: A systematic review

    Stephenson, L. A. T. Gergel A. Gieselmann M. Scholten Keene, L. G. Owen 2020. Advance decision making in bipolar: A systematic review. Frontiers in Psychiatry 11 (1020).
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    “Advance decision making” (ADM) refers to people planning for a future when they may lose the capacity to make decisions about treatment (decision making capacity for treatment or DMC-T). This can occur in a variety of physical and mental health scenarios. Statutory provision for ADM is likely to be introduced to mental health legislation in England and Wales, which will support planning for mental health crises. Conceptually, it may have particular utility for people with Bipolar Affective Disorder (bipolar) due to the pattern of rapid loss and then recovery of DMC-T during episodes of illness. Furthermore, ADM is recommended by clinical experts in bipolar. However, the empirical evidence base for ADM in bipolar is unclear. Therefore, a systematic review is required to collate available evidence and define future research directions. A PRISMA concordant systematic review of empirical literature on the use of ADM in bipolar. We found 13 eligible articles which reported on 11 studies. Of the eligible studies 2 used a mixed methods design, 8 were quantitative descriptive studies and 1 was a randomised controlled trial. Outcomes of included studies fell into 4 categories: Interest in ADM, type of ADM preferred, barriers to completing ADM and impact of ADM. The available evidence suggests that people with bipolar are interested in engaging with ADM which is supported, collaborative and allows them to state treatment requests and refusals. Evidence in this area is limited. Clinicians should be aware that service users with bipolar are likely to value their support in creating ADM documents. In addition, it seems that people with bipolar may face fewer barriers and achieve greater success with ADM compared to those with other severe mental illnesses. Given the greater focus and likely demand for ADM following upcoming legal reform, further research is urgently needed to ensure available resources are most effectively targeted to achieve the best outcomes from ADM activities. This research should focus on clarifying: causal assumptions around ADM, the outcomes which are valued by key stakeholders, barriers to achieving these outcomes, stakeholder opinions on supporting ‘self-binding’ and the development and evaluation of models of ADM which are tailored for fluctuating DMC-T.

  1. Psychiatric advance directives under the Convention on the Rights of Persons with Disabilities: Why advance instructions should be able to override current preferences

    Scholten, M. A. Gieselmann J. Gather J. Vollmann 2019. Psychiatric advance directives under the Convention on the Rights of Persons with Disabilities: Why advance instructions should be able to override current preferences. Frontiers in Psychiatry 10 (631). https://doi.org/10.3389/fpsyt.2019.00631
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    Psychiatric advance directives (PADs) are documents by means of which mental health service users can make known their preferences regarding treatment in a future mental health crisis. Many states with explicit legal provisions for PADs have ratified the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD). While important UN bodies consider PADs a useful tool to promote the autonomy of service users, we show that an authoritative interpretation of the CRPD by the Committee on the Rights of Persons with Disabilities has the adverse consequence of rendering PADs ineffective in situations where they could be of most use to service users. Based on two clinical vignettes, we demonstrate that reasonable clinical recommendations can be derived from a more realistic and flexible CRPD model. Concerns remain about the accountability of support persons who give effect to PADs. A model that combines supported decision making with competence assessment is able to address these concerns.

  1. Wodurch wird die geschlossene Tür ersetzt? Konzeptionelle und ethische Überlegungen zu offenen Unterbringungsformen und psychologischem Druck

    Gather, J. M. Scholten T. Henking J. Vollmann G. Juckel 2019. Wodurch wird die geschlossene Tür ersetzt? Konzeptionelle und ethische Überlegungen zu offenen Unterbringungsformen und psychologischem Druck [What replaces the locked door? Conceptual and ethical considerations regarding open door policies, formal coercion, and treatment pressures]. Der Nervenarzt 90 (7): 690-​694. https://doi.org/10.1007/s00115-​019-​0717-​3

    Link to article
    Mental health professionals use various strategies to prevent involuntarily committed persons from absconding under an open door policy. To provide an ethical framework for the evaluation of the replacement of locked ward doors by formal coercion or treatment pressures. The replacement of locked ward doors by formal coercive measures applied to individual persons, such as mechanical restraint or seclusion, is ethically problematic. The use of treatment pressures, for example in the context of intensified observational measures, requires a differentiated ethical evaluation and does not necessarily constitute the milder means in comparison to locked ward doors. Unexplored conceptual, empirical and ethical issues surrounding open door policies and treatment pressures should be clarified by means of psychiatric and ethical research. In clinical practice, the choice of the least burdensome and least restrictive measures for involuntarily committed persons should be facilitated by appropriate ethical support services.

  1. Qualitative research with vulnerable persons: How to ensure that burdens and benefits are proportional and fairly distributed

    Gieselmann, A. S. Efkemann M. Scholten 2019. Qualitative research with vulnerable persons: How to ensure that burdens and benefits are proportional and fairly distributed. Journal of Empirical Research on Human Research Ethics. https://doi.org/10.1177/1556264619847322b

    Link to article
    This case commentary investigates whether the risks and benefits of an interview study with persons under involuntary commitment on open-door policies in psychiatry were proportional and fairly distributed. Given that there is little data available on the views of service users on open-door policies, the study had significant social value. Because the individual benefits are limited in studies like this, we recommend that special measures be taken to forestall what has been called the “therapeutic misconception.” The study imposed burdens on individual research participants, as evidenced by the distress that a woman with bipolar disorder experienced during the interview. Risks and burdens must be actively monitored in qualitative studies with persons under involuntary commitment. If the actual burdens are disproportional, interviews must be interrupted and risks must be reassessed. A common principle for the fair distribution of the risks and burdens of research participation says that a research study may be carried out with vulnerable persons only if the research aims cannot be attained by including only persons who are not vulnerable. In the study under discussion, both persons who were still involuntarily committed and persons who were no longer committed were included. This indicates that either the aforementioned principle is not fully satisfied or the validity of the study is somewhat compromised. Judging that the latter option is more likely, we contend that this compromise is ethically defensible.

  1. Interviewing a Person With Bipolar Disorder Under Involuntary Commitment: A Case Report

    Gather, J. J. Kalagi I. Otte G. Juckel 2019. Interviewing a Person With Bipolar Disorder Under Involuntary Commitment: A Case Report. Journal of Empirical Research on Human Research Ethics. https://doi.org/10.1177/1556264619847322

    Link to article
    In this case report, we report an ethical problem that we faced in the course of an interview study on open-door policies in psychiatry with persons under involuntary commitment. One of the interviewees was a young woman with bipolar disorder who was under involuntary commitment at the time of the interview. While the woman had been assessed as competent and gave informed consent to research participation, her manic symptoms increased when the interview became increasingly distressing for her. Because of this, we decided to break off the interview and resume it at a later point of time. Within the research team, we raised the following ethical questions: (1) Was the participant, contrary to the initial assessment, unable to give consent for the study? (2) Was the voluntariness of her research participation compromised by her manic symptoms and involuntary commitment? (3) Should the participant have been excluded from the study against her expressed wish? (4) Should we have refrained from interviewing persons who were still under involuntary commitment?

  1. Ist Forschung in der forensischen Psychiatrie ethisch zulässig?

    Gather, J. K. Radenbach K. Jakovljevic 2019. Ist Forschung in der forensischen Psychiatrie ethisch zulässig? Ethik in der Medizin 31: 201-​205. https://doi.org/10.1007/s00481-​019-​00540-​7
    Link to article

  1. Kommentar I zum Fall: Ethisch vertretbare Anwendung freiheitsentziehender Maßnahmen zur Durchführung einer Chemotherapie?

    Gather, J. K. Hoffmann 2018. Kommentar I zum Fall: Ethisch vertretbare Anwendung freiheitsentziehender Maßnahmen zur Durchführung einer Chemotherapie? Ethik in der Medizin 30 (4): 367-​369. https://doi.org/10.1007/s00481-​018-​0504-​x
    Link to article