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引用次数: 0
摘要
1983年《精神卫生法》授权对被认为对自己或他人构成危险的精神失常患者进行强制拘留和治疗。自该法案颁布以来,人们一直担心该法案的强制性权力被不成比例地用于患有精神障碍的黑人。MHA对黑人不成比例的影响最明显地体现在过度使用社区治疗令(CTOs)上。尽管关于cto有效性的证据有限,但它们继续越来越多地用于黑人的护理,最新数据显示,黑人获得cto的可能性是白人的7倍以上(National Health Service Digital, 2024)。这一点尤其令人担忧,因为首席技术官通常被认为具有侵入性,并被描述为一种种族监视形式。在本文中,我们探讨了cto作为种族监视工具的想法,并认为他们继续用于照顾患有精神障碍的黑人是国家侵入性权力的延伸,可能构成种族不公正的一种形式。
Blurred boundaries: Community treatment orders as instruments of racial surveillance
The Mental Health Act 1983 (MHA) authorizes the compulsory detention and treatment of people with mental disorders who are perceived to pose a risk to themselves or to others. Since its enactment, there have been concerns that the coercive powers of the Act have been disproportionately used for Black people with mental disorders. This disproportionate impact of the MHA on Black people is most clearly seen in the excessive use of Community Treatment Orders (CTOs). Although there is limited evidence on the effectiveness of CTOs, they continue to be used increasingly in the care of Black people, with latest data showing that Black people are over seven times more likely to be issued CTOs than White people (National Health Service Digital, 2024). This is particularly concerning as CTOs are commonly perceived as intrusive and have been described as a form of racial surveillance. In this paper, we explore the idea of CTOs as instruments of racial surveillance and argue that their continued use in the care of Black people with mental disorders is an extension of the intrusive powers of the State and might constitute a form of racial injustice.
期刊介绍:
The International Journal of Law and Psychiatry is intended to provide a multi-disciplinary forum for the exchange of ideas and information among professionals concerned with the interface of law and psychiatry. There is a growing awareness of the need for exploring the fundamental goals of both the legal and psychiatric systems and the social implications of their interaction. The journal seeks to enhance understanding and cooperation in the field through the varied approaches represented, not only by law and psychiatry, but also by the social sciences and related disciplines.