You are on page 1of 7

Developing World Bioethics ISSN 1471-8731 (print); 1471-8847 (online) doi:10.1111/dewb.

12137

BENEFICIAL COERCION IN PSYCHIATRIC CARE: INSIGHTS FROM AFRICAN


ETHICO-CULTURAL SYSTEM

CORNELIUS OLUKUNLE EWUOSO

Keywords
Coercion, ABSTRACT
Psychiatry, There is a ‘catch 22’ situation about applying coercion in psychiatric
African Ethical System, care. Autonomous choices undeniably are rights of patients. How-
mental illness, ever, emphasizing rights for a mentally-ill patient could jeopardize
Omo-olu-iwabi the chances of the patient receiving care or endanger the public.
Conversely, the beneficial effects of coercion are difficult to
predict.
Thus, applying coercion in psychiatric care requires delicate balanc-
ing of individual-rights, individual well-being and public safety, which
has not been achieved by current frameworks. Two current frame-
works may be distinguished: the civil liberty approach and the Stone
model. Both frameworks are restrictive, and not respectful of human
dignity. In a civil liberty approach, individuals who are severely men-
tally-ill but not dangerous would be denied care because they do
not meet the dangerousness threshold or because the use of coer-
cion will not lead to rebirthing of autonomy. This is unsatisfactory.
Albeit involuntary interventions such as talk therapies, peer-support
etc., may not always lead to rebirthing of autonomy or free patients
from mental illness; they can however help to maintain the dignity
of each mentally ill patient.
In place of these frameworks, this study proposes a new ethical frame-
work for applying coercion in psychiatric care that is respectful of human
dignity. Specifically, it draws on insights from the African ethico-cultural
system by using the Yoruba concept Omo-olu-iwabi to develop this new
framework. This way, the study shows that only a more respectful
approach for applying coercion in psychiatric care can lead to the careful
balancing of the competing interests of individual’s rights, individual’s well-
being and public safety.

INTRODUCTION
autonomy are contraries. Second, autonomous choices
The use of coercive measures in the care of mentally ill undeniably are rights of patients and they contribute to
raises a number of ethical issues. First, coercion and self-determination. But emphasizing rights for a mentally

Address for correspondence: Cornelius Olukunle Ewuoso, Center for Applied Ethics Department of Philosophy Stellenbosch University, Matieland 7602
South Africa. Email: ewuosocornelius@yahoo.com.
Conflict of interest statement: No conflicts declared.

© 2016 John Wiley & Sons Ltd


2 Cornelius Olukunle Ewuoso

ill patient could jeopardize the chances of the patient involuntary manner. Thus, I define coercion, in this study,
receiving care.1,2 as the practice of forcing the coercee to act in an involun-
Hence, applying coercion in psychiatric care requires tary manner. This definition, clearly distinguishes coercion
delicate balancing – of individual rights, individual well- from persuasion, which is described by Shah and Basu5 as
being and public safety – which has not been achieved by the utilization of a patient’s reasoning ability to arrive at a
current frameworks. To bridge this gap, this study pro- desired result. In coercion, the patient has no choice; and
poses a new framework for applying coercion in psychi- is made to act against his/her will.
atric care. In the first section, I shall attempt a conceptual The different forms of coercive measure used in mental
clarification of coercion. This will be followed by an eval- health care include involuntary admission, involuntary
uation of existing models for applying the same, in the treatment, outpatient commitment, seclusion, mechanical
care of the mentally ill. In the final analysis, I shall define restraint, physical restraint and chemical restraint. There
the new model for applying coercive measures, by appeal- are a number of reasons why coercion may be applied to
ing to the Yoruba communitarian concept of Omo-olu- an individual, in general. Jimenez6 has provided a detailed
iwabi to balance the competing interests of individual’s list, which includes the following:
rights, public safety and appropriate care due to a mentally
 To prevent self-harm (including suicidal behaviour, cut-
ill patient. This model, I believe, will highlight and justify
ting or other parasuicidal acts, and behaviours that
grounds for coercive measures in psychiatric care.
threaten to interrupt medical treatments, such as
attempting to remove intravenous access lines or
mechanical ventilation tubes)
CONCEPTUAL CLARIFICATION
 To prevent violent behaviour/harm to others
 To prevent behaviours that threaten the therapeutic
There is no generally acceptable definition of coercion in
milieu, such as uncontrollable screaming, damage to
existing studies. Newton-Howes,3 for example, defined
property, fecal smearing, exposure of genitals, or mas-
‘coercion’ as a ‘a subjective state, within a patient, that is
turbating
reached after consideration of their environment and situa-
 To prevent elopement/absconding
tion’; Weddershoven and Berghmans4 defined it as ‘a vio-
 To decrease stimulation
lation of a person’s freedom’. But what is clear from
 To limit the physical agitation that may result from sev-
existing definitions of coercion is that in every instance of
ere disorganization, intoxication, or other organic brain
coercion, the coerced is made to act, by the coercer, in an
syndromes or delirium states
 As a response to verbal threats
1
As is the case with several autonomy based laws in countries like  To address patients’ refusal of medication
Netherlands, Germany and Austria. These laws often specify that ‘as long  As a consequence of breaking unit rules
as no others are harmed, individuals have sovereignty over themselves.  As part of a behavioural therapy program; or
This begs the question; ‘do we need to wait until others are harmed before
 At the patient’s request.
providing treatment for individuals with mental disorder?’ Autonomy
viewed this way, implies a negative right since it sets limits for others; that Ethically, the principles of beneficence and non-malefi-
is, it articulates what others are not allowed to do. This conception as Jans- cence are often used to justify the use of coercion within
sens and others rightly observed (2003; p. 454) has limited relevance for
care practice. Janssens MJ, Van Rooij MF, ten Have HA, Kortmann FA &
the mental health care system. Following these principles,
Van Wijmen FC. Pressure and coercion in the care for the addicted: ethical two common conditions for applying coercion in mental
perspectives. Journal of medical ethics 2004; 30: 453–8. health care include: the presence of a severe mental disor-
2
Furthermore, the beneficial effects of coercion are difficult to predict. der that deprives the individual of the capacity to make
Empirical data are inclusive on the beneficial effect of coercion in psychi- treatment decisions, and secondly, the likelihood of harm
atric care. While some studies seem to support the truism that coercion
will lead to improved outcomes, other studies show no such association.
to oneself or others.7
Equally, significant debate also exists amongst scholars on the inevitability
5
of coercion in psychiatric care (Steinert and colleagues, 2014); Dahm and Shah R & Basu D. Coercion in psychiatric care: Global and Indian per-
colleagues (2015); while some maintain that the use of coercive measure spective. Indian journal of psychiatry 2010; 52: 203–6.; p. 203
6
is inevitable in psychiatric care, others disagree. However, scholars gener- Jimenez J. An Overview of Historical and Current Trends in the Use of
ally agree that the use of coercive measures in managing dangerous and Mechanical Restraints in Psychiatric Settings. Mental Health Law and Pol-
severely disturbing behaviour may become necessary at some point in the icy 2012; 1: 15–34.; p. 25.
7
care of the mentally behavior. When such time arises, how do we make The Convention on Human Rights and Biomedicine issued by the com-
such use of coercive measure humane? This study will also attempt to mittee of Ministers of the Council of Europe prohibits applying coercive
answer this question. measure, that is involuntary treatment, in the interest of other people. The
3
Newton-Howes G. Coercion in psychiatric care: where are we now, what convention allows coercive treatment only if, without such treatment seri-
do we know, where do we go? The Psychiatrist 2010; 34: 217–220.; p. ous harm is likely to result to the health of the patient. It is good to note
217 that not all norms allow coercive treatment in the interest of third parties.
4
Widdershoven G & Berghmans R. Coercion and pressure in psychiatry: Tannsjo T. The convention on human rights and biomedicine and the use
lessons from Ulysses. Journal of medical ethics 2007; 33: 560–3.; p. 561 of coercion in psychiatry. Journal of medical ethics 2004; 30: 430-4.

© 2016 John Wiley & Sons Ltd


Beneficial Coercion in Psychiatric Care 3

The ethical difficulty with the use of coercion in psychi- averting the danger, without involuntary treatment. In
atric care is that it brings into focus three principal consid- Dutch Law12, involuntary treatment is allowed; first, only
erations, which must be carefully balanced. They include: if this is the means of removing the danger; secondly, if
individual rights; health/safety of the mentally ill; and pub- the individual is incapable13 of making this health decision
lic good. How do we balance these three considerations? due to mental illness; and s/he constitutes danger to one-
Two responses to this question can be contextualized – a self or others after admission – i.e inside the clinic.
civil liberty approach and the Stone model. Dutch Law on involuntary treatment is consistent with
the principle of least restrictive intervention proposed in
the Declaration of Hawaii14 (and updated by the Declara-
CIVIL LIBERTY APPROACH AND tion of Madrid). The declaration forbids involuntary treat-
‘DANGEROUSNESS STANDARD’ ment unless withholding such treatment would endanger
the life of the patient and/or those surrounding him or her.
The civil liberty approach is the basis of several State The dangerousness standard also appears to be the view
laws, Mental Health Acts and Ethical Guidelines, regard- held by philosophers such as Hobbes and J.S Mill. In his
ing the use of coercion in psychiatric care. A pivotal con- article On Liberty, J S Mill,15 for example, developed what
dition in this approach is the dangerousness standard. In he called the harm principle, which holds that actions of
some State laws such as Germany, the dangerousness stan- individuals should only be limited to prevent harm to other
dard is the only condition that justifies the use of coercion individuals. According to him, the only purpose for which
in psychiatric care.8 The North Carolina civil commitment power can be rightfully exercised over any member of a
statute considers an individual to constitute a danger to civilized community, against his will, is to prevent harm to
himself/herself if there is probability of the individual suf- others.
fering serious physical debilitation unless adequate treat- However, there are ethical difficulties with the civil lib-
ment is given.9 There are other conditions that must be erty approach regarding the use of coercion in psychiatric
satisfied before an individual may be civilly committed. care. This model is too restrictive. In a civil liberty
First, the danger must result from the mental disorder. Sec- approach, individuals who are severely mentally ill but not
ond, the danger may be present or expected. With regard dangerous would be denied care because they do not meet
to expected harm, there must be substantial evidence that the dangerousness threshold. There is something unethical
the individual who is coerced will likely do harm to some- about abandoning a non-dangerous mentally ill individual
one or oneself. Finally, the use of coercion (involuntary who needs care, but does not meet the conditions for
admission)10 is the means that takes the danger away. In involuntary care. Critics of the civil liberty approach such
some State laws, the patient is to be discharged once the as Caplan16 also argue that a restrictive commitment crite-
danger has been removed. rion (dangerousness standard) proposed by the civil liberty
Attention should be paid here to the distinction these model will further entrench the chaotic living conditions of
State laws make between involuntary admission and invol- many mentally ill and contribute to widespread homeless-
untary treatment. An individual is to be involuntarily ness among them. To overcome the weaknesses associated
admitted only if he constitutes danger to himself and with the civil liberty approach, the Stone model has been
others. If simple confinement is sufficient to diminish such proposed as a good alternative, which I examine in the
danger, involuntary treatment is impermissible. Dutch Law next section.
encourages institutions to actively explore means11 of

8 12
Steinert T, Noorthoorn EO & Mulder CL. The Use of Coercive Interven- Salize JH, Drebing H & Peitz M. 2002. Compulsory Admission and
tions in Mental Health Care in Germany and the Netherlands. A Compar- Involuntary Treatment of Mentally Ill Patients - Legislation and Practice in
ison of the Developments in Two Neighboring Countries. Front Public EU-Member States. Central Institute of Mental Health, Steinert,
Health 2014; 2, Zhang S, Mellsop G, Brink J & Wang X. Involuntary Noorthoorn & Mulder.
13
admission and treatment of patients with mental disorder. Neuroscience The test for determining competency involves the ability to comprehend
Bulletin 2015; 31: 99–112. relevant information regarding proposed treatment options and alternatives.
9
Habermeyer E, Rachvoll U, Felthous AR, Bukhanowsky AO & Gleyzer This test, in most cases find all people, even people with severe mental ill-
R. 2008. Hospitalization and Civil Commitment of Individuals with Psy- ness, competent.
14
chopathic Disorders in Germany, Russia and the United States. In The WHO. 2005. World Health Organization Resource Book on Mental
International Handbook of Psychopathic Disorders and the Law. John Health: Human Rights and Legislations. Freeman M, Pathare S, Drew N,
Wiley & Sons, Ltd. Funk M and Saraceno B, eds.
10 15
Some courts have granted legal order to restrain an individual at home, Mill JS. 2002. The Basic writings of John Stuart Mill : On liberty and
if such measure can help overcome danger associated with the mental ill- other writings. New York: Modern Library.; pp. 21ff
16
ness. Janssens, Van Rooij, ten Have, Kortmann & Van Wijmen. Caplan A. Denying autonomy in order to create it: the paradox of forc-
11
In some situation, involuntary treatment may coincide with involuntary ing treatment upon addicts. Addiction 2008; 103: 1919–1921, Caplan AL.
admission. Detoxification, for example, automatically begins with admis- Ethical issues surrounding forced, mandated, or coerced treatment. Journal
sion of addicts of substance abuse treatment 2006; 31: 117–20.

© 2016 John Wiley & Sons Ltd


4 Cornelius Olukunle Ewuoso

STONE MODEL FOR APPLYING  Reasonableness of applied treatment, which would be


COERCION accepted by a competent person
This model ensures that those severely mentally ill
The Stone model is also known as the ‘Thank you The- patients, who do not meet the dangerousness criterion, but
ory’, and is the most discussed model for applying coer- require treatment, receive such treatment. An extension of
cive measures in mental health care. Unlike the civil this model is the rehabilitation model advanced by
liberty approach to the use of coercive measure in psychi- Caplan.23 In his rehabilitation model, Caplan24 argues that
atric care, the application of this model is not entirely ‘mandating treatment, if it would restore individual’s free-
widespread. The American Psychiatric Association dom requisite for autonomy or self-determination, is not as
approach to the use of coercion in psychiatric care is based immoral as some may want us to believe. Contrarily, this
on this model. Alan Stone advanced this model in his may be the right thing to do’. Involuntary treatment, such
Book Mental Health and Law: A System in Transition. In as the use of relatively safe and effective drugs like nal-
Stone’s17 view, ‘if the only persons committed are those trexone to free addicts from the coercive effects of addic-
deemed to be dangerous, then we may end up releasing tion, Caplan25 continues, should be mandated if it would
those the system can treat, but are not dangerous’. In addi- lead to rebirthing of autonomy26. Under both the Stone
tion, Stone18 adds, it is doubtful whether psychiatrists pos- and rehabilitation models, the moral basis for involuntary
sess the required expertise to make dangerousness treatment is the rebirthing of an individual’s autonomy.
determination. According to Stone,19 ‘mentally ill patients The rehabilitation model, as well as the Stone model,
may need to be admitted involuntarily, for medical treat- resolves the ethical difficulty associated with the civil lib-
ment, even when they are not dangerous to themselves nor erty approach but also raises new ones. I agree with both
to others; and might then thank those who forcibly com- models that involuntary treatment is not always immoral.
mitted them for insisting on treatment even against their In this regard, these models present themselves as a ‘less’
will’. restrictive approach to the use of coercion in psychiatric
This position contrasts with the civil liberty model, care. But it is interesting that these models emphasize
which insists that autonomous choices should be respected (hope of) rebirthing of autonomy. If treatment, according
and individuals who are not dangerous should not be to them, will not lead to rebirthing of autonomy, it is
admitted against their will even when they are severely unethical to forcefully admit the mentally ill against their
mentally ill. Stone20 argues for two forms of commitment: will. Other forms of coercive interventions, such as talk
commitment for severely mentally ill, who act in a danger- therapy for the actively suicidal that may also be beneficial
ous manner or have committed a crime; and commitment to mentally ill patients who do not meet the dangerousness
for medical treatment for mentally ill but non-dangerous standard, are completely ignored by these models.
individuals. Two powers of the State justify the use of In addition, in both the Stone and rehabilitation models,
coercive measure(s) in both circumstances; the ‘State’s three classes of mentally ill patients will be involuntarily
police power’ – which is the protection of each citizen committed/treated. They include:
from injurious actions of others – and ‘State’s parens
patriae power’ – which is the State’s power to protect  Mentally ill, dangerous and condition is treatable (civil
those who cannot protect themselves.21 Stone22 highlights commitment)
some conditions that must be satisfied before involuntary  Mentally ill, dangerous, but condition not treatable
treatment of non-dangerous but severely mentally ill  Mentally ill, not dangerous but treatable
patients can take place. These conditions include: In both the Stone and rehabilitation models, with their
 A reliable diagnosis of a severe mental disorder emphasis on rebirthing of autonomy and hope of recovery
 Major distress of the patient through treatment, a number of non-dangerous mentally ill
 Availability of an effective treatment
 Patient’s incompetence to decide 23
Caplan, Caplan.
24
Caplan.; p. 1919
25
Ibid.; p. 1919
17 26
Stone A. 1975. Mental Health and Law: A System in Transition. Rock- Caplan (2008; p. 1919) believes that addiction, like many other mental
ville, Maryland: National Institute of Mental Health.; p.37 illness, does not necessarily mean loss of competence. According to him,
18
Ibid. to function as an addict, one should be able to remember complex infor-
19
Ibid.; p. 37 mation and set goals. However, competency by itself, is not sufficient for
20
Ibid.; p. 37 autonomy. In addition to competence, autonomy also requires freedom
21
I recognize that even the use of State power(s) to restrain an individual coercion. Those who criticize involuntary treatment of addicts on the the
from harming others, has its own ethical difficulties. Critics, for example, ground that addicts are not incompetent ignore the fact that while it could
may argue that the State has a duty to protect individual rights and liber- be said that addicts are competent, their choices may not necessarily be
ties, which are jeopardized by the use of coercive measure. autonomous. If a drug can restore an individual’s autonomy, then mandat-
22
Stone. ing its use is not unethical.

© 2016 John Wiley & Sons Ltd


Beneficial Coercion in Psychiatric Care 5

individuals, whose conditions have no known cure but competing considerations: individual rights; health/safety
who could benefit from other forms of coercive measure of the mentally ill; and public good.
will be denied care because involuntary treatment will not
lead to rebirthing of autonomy in them. In addition, under
these models, continued hospitalization will also be ethi- OMO-OLU-IWABI
cally unjustifiable, when treatment has failed, including
physical restraint/seclusion, peer support and medication27 Omo-olu-iwabi or Omoluabi is a Yoruba concept that is
of individuals who are gravely disabled28,29 due to mental used by the people of South-West Nigeria to explain the
disorder or chronic alcoholism. This is unsatisfactory. core constitutive elements of personhood. This concept has
Albeit such interventions may not always lead to rebirthing been extensively examined by several sociologists and
of autonomy or free patients from mental illness; they can philosophers such as Akanbi and Jekayinfa (2016); Fayemi
however help to maintain the dignity of each mentally ill (2009); Oluwole (2007); Oyeneye (1997) to mention a
patient. I argue that these models, albeit less restrictive, are few. However, no one has used this concept to develop a
not respectful of the dignity of the human person, in the model (communitarian model) for the care of psychiatric
mentally ill. We have a duty – as friends, family and even patients. This is the first.
as a State – to facilitate appropriate and respectful inter- Translated literally, Omo-olu-iwabi is understood as omo
vention such as involuntary (and sometimes indefinite) child; olu-iwabi chief of character. Omo-olu-iwabi therefore
hospitalization, when a person we love can no longer care implies a child begotten of excellent character. The term
for his/her basic needs due to severe mental illness; even contrasts Omokomo (worthless child) or omo la-san (carica-
when such hospitalization will not lead to recovery. ture person). To be described as an Omo-olu-iwabi in
Moreover, the paradox30 implied in the rehabilitation Yoruba culture, a general description of personhood as
model and ‘thank you’ theory in the Stone model, find lit- ‘highly cultured’ or ‘well tutored’ is being elicited. Impor-
tle support in empirical studies. In a study conducted by tant values incorporated in this concept include iteriba (re-
Beck and Golowka31, only a minority of cases (of younger spect, which involves recognizing the rights of others);
patients with schizophrenia or affective disorders) fit into Inurere (having good intentions towards others); Otito
the ‘thank you’ theory of Alan Stone. In place of both the (truth); and Iwarere (good character). The absence of these
Stone and rehabilitation models, I propose a communitar- important elements of Omo-olu-iwabi devalues personhood
ian model for applying coercive treatment in psychiatric in Yoruba thought.
care. Specifically, I will draw insights from the African The Yoruba people recognize that even sickness, espe-
ethico-sociological system by using the Yoruba (people of cially mental illness, devalues personhood to the level of
South-West Nigeria) concept Omo-olu-iwabi. I believe that eranko (an animal). In this regard, I agree with Fayemi32
this concept of person avoids the difficulties identified in (2009; p. 171), that the concept of Omo-olu-iwabi has bio-
previous models, in a manner that balances the three logical, epistemological and ethical implications. To be
properly characterized as Omo-olu-iwabi in Yoruba cul-
27
To manage symptoms ture, one must be well-behaved with evidential moral
28
Grave disability is defined by the Welfare and Institutions code (section uprightness that is demonstrated in private and public
5008, h;I;A), as a situation whereby an individual is unable to provide for actions; and good anatomical and psychological factors
his/her basic personal needs, as a result of mental disorder. Some of these
needs may include food, clothing and shelter. Scholars are divided over
necessary for being human. This characterization could be
the whether individuals who are gravely disabled due to severe mental ill- applied at the individual or communal level. At the indi-
ness or chronic alcoholism constitute a danger to themselves and thus vidual level, Omo-olu-iwabi guarantees an individual’s
qualify for civil commitment. Albeit there is no consensus on this issue, it right to be respected and treated at all times in a humane
should noted that a majority believe that if gravely disabled individuals manner; and with dignity and respect for one’s personal
constitute any danger to themselves, the danger is passive and not active.
Following this, a few States, such as North Carolina and Oregon, have
and bodily integrity. All invasive interventions are subject
expanded behaviours which meet the dangerousness criteria to include to this fundamental requirement of protection of human
gravely disabled. J. Spensley & P.H. Werme. Conservatorship: An Invol- dignity.
untary Legal Status for `Gravely Disabled’ Mentally Disordered Persons. In Yoruba culture, the core ethical value incorporated in
Western Journal of Medicine 1979; 130: 476–484. Omo-olu-iwabi is the community; working for a common/
29
Stone and Rehabilitation models will consider California Conservator-
ship practice as ethically unjustifiable, since the practice involves prolong
social good. For this reason, Fayemi33 argues that in order
care of individuals who are gravely disabled due to mental disorder or for an individual to realise the full potential of personhood,
chronic alcoholism. In these models, prolonged hospitalization of chroni s/he must be fully immersed in the life of the community.
schizophrenic persons and individuals diagnosed with organic brain syn-
drome will also be considered ethically unjustifiable.
30 32
That is; infringing autonomy in order to create autonomy. Fayemi AK. Human Personality and the Yoruba Worldview: An
31
Beck JC & Golowka EA. A Study of Enforced Treatment in Relation Ethico-Sociological Interpretation. Journal of Pan African Studies 2009; 2:
to Stone’s “Thank You” Theory. Behavioral Sciences & the Law 1988; 6: 166–176.; p. 171.
33
559-566.; p. 564. Ibid.; p. 173.

© 2016 John Wiley & Sons Ltd


6 Cornelius Olukunle Ewuoso

Against this background, Omo-olu-iwabi also fulfils a mental illness or chronic alcoholism; even when they do
communitarian function, since it incorporates central val- not constitute any real danger to the public/self or when
ues of communitarian ethics such as communal responsi- such hospitalization/treatment may not lead to rebirthing of
bilities, strong connections between people, sacrifice for autonomy.
community good and reduced emphasis of selfish or radi- Critics may argue that this communitarian model will
cal individualism. In the Yoruba thought system, a person escalate the use of coercive measure not only in the psy-
is a person through other persons. In other words, individ- chiatry but in the healthcare system. This is not entirely
uals are inextricably bound together with each other. What true. This model is proposed for the care of a particular
affects the individual also affects the community and vice- group of patients, mentally ill patients. And mental illness
versa. When the individual is sick, the community is is described by the World Health Organization (WHO) as
affected. A community that does not protect the vulnera- a broad range of disorders “with different symptoms. . .or
ble, care for the sick, protect individual good, and respect characterized by some combination of abnormal thoughts,
individual rights, etc., devalues its personhood to the level emotions, behaviour and relationships with others. Exam-
of an eranko through such neglect. In the same way, an ples are schizophrenia, depression, intellectual disabilities
individual who does not seek or work for the community’s and disorders due to drug abuse”.34
good, risks compromising his/her own good and devaluing In addition to the above, the ethical values incorporated
himself/herself to the level of eranko. by this concept also act to limit interference that is possi-
Thus, at the community level, inter-dependence, recipro- ble in an individual’s life. Iteriba (respect), for example,
cal obligation, caring for others, sharing, social responsibil- means that if a mentally ill individual is seen to be taking
ities etc., are stressed. At this level, Omo-olu-iwabi care of himself/herself, coercive intervention will be uneth-
becomes a relational term, which grounds authentic per- ical since it would be disrespectful of the individual’s
sonhood, as well as rightness of an action in the extent to efforts. Methodologically therefore, coercive measures are
which it promotes harmonious relationships; ones in which not to be applied when an individual is working hard at
individuals identify with others and care for others well- preventing a devaluation of himself/herself to the level of
being and dignity. In this regard too, the communitarian eranko. However, if a chronic addict has refused to check
concept Omo-olu-iwabi also incorporates some elements of himself/herself into a rehabilitation clinic, then society has
ethics of care since it emphasizes inter-dependence, inter- a duty to force him/her into rehabilitation. Parens Patriae
connectedness, care of other persons, etc. Within this power of the State already justifies this form of interven-
framework, non-consensual treatment, continued hospital- tion. This use of coercion could also be premised on the
ization and/or physical restraint of individuals who are ethics of care, and is incorporated by the communitarian
gravely disabled due to severe mental illness or chronic concept Omo-olu-iwabi. At its core therefore, Omo-olu-
alcoholism and in whom biological treatment has failed, iwabi also enjoins us to be our brother’s keeper by ensur-
are not necessarily tyrannical, but are justified since such ing that the dignity of those who can no longer take care
coercive measures promote individual health by requiring of themselves or cannot make important healthcare deci-
the community to actively work for the well-being of all. sions or who has decided to devalue himself/herself to the
Such (coercive) measures are equally respectful of human level of eranko, are maintained at all times. Hence, it is
dignity by prohibiting interference when individuals are hard to imagine how this model will lead to abuse, as crit-
seen to be making an effort at seeking their own care. ics may want to argue.
Finally, such coercive measures facilitate public good by
ensuring that individuals who pose significant risk to
others are involuntarily constrained/confined. It is in this CONCLUSION
regard – that is, through a more respectful approach for
applying coercion in psychiatric care – that Omo-olu-iwabi There is certainly a greater move towards reduction of the
balances the three competing interests: individual rights, use of coercion in the care of the mentally ill. However,
health/safety of mentally ill and public safety. several scholars do believe that there may arrive a time
There is something unethical about abandoning a sick when the use of coercive measures may become necessary.
member of the community whose autonomy and dignity But how do we make such use humane? Current models –
have been compromised due to severe mental illness or civil liberty approach, Stone model, and rehabilitation
chronic alcoholism. As a communitarian concept, Omo-ilu- model – for applying coercion do not take human dignity
iwabi informs us that sickness, especially mental illness, into consideration in their least/less restrictive frameworks
could happen to anyone. And the community/society has a for applying coercion.
duty of care towards the sick (it is in this regard that this
communitarian model incorporates elements of ethics of 34
WHO. 2016. Mental Disorders. World Health Organization. Available
care). This may sometimes mean involuntary hospitaliza- at: http://www.who.int/mediacentre/factsheets/fs396/en/ [Accessed 14 Nov
tion of individuals who are gravely disabled due to severe 2016].

© 2016 John Wiley & Sons Ltd


Beneficial Coercion in Psychiatric Care 7

These models mandate involuntary admission/hospital- Acknowledgement


ization only when the individual constitutes a danger to This author greatly appreciates Dr Susan Hall of the Center for Applied
the public/self or when such involuntary admission and/or Ethics, Stellenbosch University, for her intelligent comments and insightful
treatment will lead to recovery or rebirthing of autonomy. contributions to the article.
As I have demonstrated in this article, these models do not
accommodate those who do not meet these conditions –
that is, non-dangerous mentally ill individuals, whose con-
ditions have no known treatment. The question may be Biography
asked: ‘Do we need to wait until others are harmed (or Cornelius Olukunle Ewuoso was a recipient of the Santander/Ethics and
until we are sure that hospitalization will lead to recovery) Society scholarship for Theories and Application from Fordham Univer-
before providing care for individuals with mental disor- sity; an international visiting fellow at the institute for Medical Ethics and
der?’ These models have limited relevance for care that is History of Medicine, Ruhr-Universitait, Bochum; a visiting scholar at the
Centre Biomedical Ethics and Law, Katholieke Universitet, Leuven and a
due the human person in general. recipient of the Master of Science in Bioethics scholarship award of the
The Yoruba concept of Omo-olu-iwabi overcomes this West African Bioethics Training Programs.
difficulty by requiring care for all mentally disordered He currently teaches part-time at DOMUNI and the Dominican Institute,
patients who do not meet the conditions for involuntary Samonda, Ibadan, Nigeria. He has published articles with Ibadan Domini-
admission/treatment as highlighted by current models, but can Studies and in the Journal of Global Bioethics. Currently, he is
enrolled in the Centre for Applied Ethics, Department of Philosophy, Stel-
can benefit from other forms of peer support or medica- lenbosch University, Matieland, South Africa: for a PhD in Applied Ethics
tion. It is this sense that this model will revolutionize care, with concentration in Bioethics. His PhD research is focussed on Informa-
if it is adopted by national and international bodies, since tion management in Physician-patient consultative encounters.
it will ensure that more humane, respectful and dignified
care is delivered in the psychiatry.

© 2016 John Wiley & Sons Ltd

You might also like