Etiske utfordringer ved bruk av tvang i psykisk helsevern - Når lovverk möter praksis
Sammanfattning
We have studied the ethical challenges that mental health care professionals reflected upon
during 86 ethics reflection groups focusing on the use of coercion. Our main finding is that the
professionals experience many different and demanding ethical challenges. These challenges are
divided into four main categories: informal coercion, formal coercion, uncertainty about the
legislation, and professionalism. The most important value trade-off is whether patient’s autonomy
ought to give way to other considerations.
This study shows that Norwegian health law does not answer all questions related to what should be
considered as legitimate use of coercion in mental health care. Sometimes mental health care
professionals may even experience that health law causes ethical challenges.
Dealing openly with ethical challenges in a systematic way is important in order to define coercion
and to acknowledge the various associated value conflicts. Furthermore, a joint reflection process
can help determine when coercion should be regarded as the lesser evil and how coercive measures
can be used in the least restrictive and offensive manner.