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The Impact of Introducing a Capacity-Based Mental Health Law

Lecture
Jacob Jorem
Thursday, May 16, 2024, 5:00 pm – 6:00 pm

LEVIATHAN LECTURE SERIES

organized by the

Center for Ethics and Law in Biomedicine

Vienna/ Budapest ONLINE

Zoom link: https://shorturl.at/ahiAZ

May 16, 2024 (Thursday) at 5–6 pm CET

 

Jacob Jorem

The Impact of Introducing a Capacity-Based Mental Health Law

Abstract

Decision-making capacity (DMC) is an increasingly important criterion in health law to uphold patient autonomy in line with human rights developments. In 2017, Norway introduced a capacity-based mental health law, making lack of DMC an additional criterion for involuntary care. Contrary to the objectives of the legislative amendments, involuntary care has continued to rise post-2017. Moreover, assessing DMC pose several challenges in clinical practice. Drawing from Norway’s implementation experiences, this presentation offers valuable insights for policymakers into the limitations of legal policies in ensuring equitable mental healthcare access. It emphasizes the need for a systemic approach to implementing healthcare policies that address broader service and societal factors. Jacob Jorem is a Norwegian psychiatrist and lawyer currently conducting research on mental health policy as a Visiting Fulbright Scholar at Columbia University. He has authored several publications, including scientific articles, reports, and a book chapter, exploring mental health policy, health law, and ethics. His research centers on how legislation affects healthcare delivery for individuals with severe mental illness. Next year, he will undertake a Harkness Fellowship through the Commonwealth Fund, with a focus on exploring healthcare access for homeless individuals with severe mental illness.

 

Introduction: Judit Sándor

Discussant: Márton Varju