human rights and legislation who resource book on mental health

Legislators <strong>and</strong> others considering compulsory community treatment need to ensure that this
approach does not undermine the purposes of deinstitutionalization <strong>and</strong> many of the gains made
in the <strong>human</strong>e treatment of persons with mental disorders over the past five decades.
As in cases of involuntary admission <strong>and</strong> treatment, where community orders are implemented
they must be regularly reviewed <strong>and</strong> the orders revoked when the criteria are no longer met.
Furthermore, people subject to involuntary care in the community should also have the right to
appeal their status.
Involuntary care in the community should be considered as an alternative option to involuntary
admission in a mental health facility, rather than as an alternative to voluntary community care.
The criteria for involuntary treatment described above should therefore prevail in all instances of
involuntary care <strong>and</strong> treatment.
Community-based involuntary care: Key issues
• Community-based involuntary treatment (community treatment orders) <strong>and</strong> community
supervision orders can represent a generally less restrictive alternative to inpatient
involuntary treatment. The procedural requirements for community-based supervision
should be similar to those for hospital-based involuntary treatment orders (as outlined
above).
• Community-based supervision <strong>and</strong> treatment <strong>legislation</strong> should be introduced only in the
context of accessible, quality community-based mental health services that emphasize
voluntary care <strong>and</strong> treatment as the preferred option.
• As in cases of involuntary admission <strong>and</strong> treatment, where community orders are
implemented they must be regularly reviewed <strong>and</strong> the orders revoked when the criteria are
no longer met.
• People subject to involuntary care in the community should have a right to appeal their
status.
• Involuntary care in the community should be considered as an alternative option to
involuntary admission in a mental health facility, rather than as an alternative to voluntary
community care.
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