Publication
A judge's hammer and a stethoscope

Forensic psychiatry - in a human rights perspective

In Danish forensic psychiatry, people with mental illness receive disproportionately long sentences. It may pose a discrimination problem.

The purpose of this study of persons with mental disorders in forensic psychiatry has been to elucidate how forensic psychiatric patients are assured that their verdict extends or is more invasive than necessary and how patients' rights can be strengthened.

The results of the study indicate massive human rights challenges in forensic psychiatry. Based on an analysis of extended convictions, we find that convictions for, for example, enrichment crimes are extended in several cases. This also applies in cases where no further crime has been committed during the sentence. The central purpose of a placement or treatment judgment is - through treatment - to prevent the person, because of the mental illness, from committing similar repeated crime, so-called recidivism. Nevertheless, we find several examples of judgments being extended with reference to treatment needs without reference to risk of recurrence.

It is the opinion of the Institute of Human Rights that a comprehensive reform of forensic psychiatry is needed, including a settlement with the principle that very long-term measures can be imposed even for minor criminal matters.

The publication is only availiable in danish but can be found here.

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