PubMed · 7709956
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T E Finucane. 1995. The Cruzan decision.. https://doi.org/10.1016/s0002-9343(99)80326-x
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This is the text of a lecture delivered at the World Conference of the International Academy of Law and Mental Health in Sydney in September 2003 on the occasion of the award to the author of the Prix Philippe Pinel. Its theme is the potential of the European Convention on Human Rights to secure the human rights of people with mental disorders and disabilities, viewed in the context of the legislation on mental health and mental incapacity in England and Wales. Its conclusion is that the Convention is better at protecting them from unwanted or unnecessary treatment and care than it is at securing for them equal access to the treatment and care they want or need. The lecture has been updated to reflect developments in the United Kingdom since 2003.
According to a decision by the German Federal Constitution Court (1 BvR 347/98), it is illegal to refuse compulsorily insured persons therapy if they suffering from a lifethreatening disease against which there is no effective therapy on the basis of current medical science. The chosen method of treatment should offer a not entirely remote chance of healing. What counts is the effect treatment has in each individual case. Serious objections to the the Court's criteria have been expressed by medical and legal experts, who contend that the Court has disregarded patients' protection against unknown risks and "quackery" as well as the incalculable financial effects on the community of insureds.