Direct Coercion in Psychiatrics – Interpretation of Legal Regulations as Amended in June 2012

The issues connected with direct coercion are of vital importance due to the fact that the application of coercive measures leads to restriction of personal freedom and limiting individual autonomy. It may even result in violating bodily integrity. Thus, it is an interference with the sphere of fundamental rights guaranteed to every human by the Constitution of the Republic of Poland.

The article includes an interpretation of the legal provisions concerning the application of direct coercion in psychiatrics. It comprises the changes which are in force as of June 2012. There is a comprehensive analysis of the meaning of the term “direct coercion”, as well as a detailed study of the prerequisites of its application. The legal regulations related to the forms of exerting direct coercion are thoroughly scrutinized. Next, the analysis of current regulations is carried out in order to evaluate their coherence, clarity and accuracy. It is also examined whether the currently applicable legal regulations are sufficient and if the rights of persons against whom direct coercion is applied are appropriately secured and protected.