Matters of Human Rights
The CDR is a medical organization focused on ethics, so our concerns always center on patient’s rights – especially the right of an ill patient to medical care from her doctor. While patients’ rights are a indeed a special kind of human rights, there are also central human rights issues that arise in a case like this, and it’s important to acknowledge those directly at the outset.
In any democratic society there are provisions in place to ensure multiple voices are heard when decisions must be made for those who cannot make decisions for themselves. These include:
- Prior determinations of wishes on record.
- Legal power of attorney, that is, someone specified by a patient who will make sure her medical wishes are known and respected in the event that she is unable to speak for herself.
- Choice of attorney. Patients with Karina’s foresight and intelligence secure an attorney when there seems to be a threat of forcible treatment looming. The attorney, along with the legal power of attorney, ensure that doctors can never tyrannically dictate the course of a patient’s life when she becomes incapacitated.
In Karina’s case, however,
- Medical wishes on record were overridden when compliance was forced through the physical strength of five police officers. At this time there still has been no date set for a hearing on the legality of Karina’s forcible detainment and treatment. After fourteen months of detainment without medications for excruciating pain, clearly this violates Karina’s right to due process.
- The authority of Karina’s legal power of attorney, her parents, to make decisions on her behalf has been ignored by Hammel, and that egregious violation of rights has been supported by the Court. The appointment of a guardian who accepts her forcible detainment and withdrawal of medications in no way mitigates the seriousness of this act on the part of the Court. It is a clear violation of rights for a dissenting legal power of attorney to be silenced in favor of a new appointment who does not express dissent against the Court’s opinions.
- Karina’s choice of attorney has been ignored by the court. Her inability to organize and express her desire to see her attorney, or her desire to fight for her rights, has been caused by Hemmel’s own actions and cannot justly be construed as assent.
The details of Karina’s world – the roles of her doctors, her parents, and her lawyers – have been dictated by her psychiatrist to an extent that is truly staggering,
in a way that very clearly violates fundamental human rights. Moreover, her psychiatrist has taken the extra step of barring visitation and phone conversation with all those who disagree with forcible detainment and withdrawal of medications. Yet again, the court has granted him this indefensible level of authority.
While in cases of involuntary treatment for psychiatric illness psychiatrists do have the power to determine visitation, Hammel’s claim to a medical approach makes it impossible to defend this intrusion into the personal relationships of a patient.
It is the view of the Coalition that human rights violations in the case of Karina Hansen urgently require, and clearly deserve, immediate remedy on the part of the Danish government. Moreover,
these violations warrant action on the part of human rights watchdogs because,
while such organizations generally prefer not to interfere in individual medical or mental health cases, it cannot be reasonable for injustice to stand merely because it is perpetrated upon a patient. Every case where human rights are violated to this extent, and with this degree of clarity,
cries out for action on the part of the human rights community.