Legislative differences in compulsory mental health care for children and adolescents across European countries
Year: 2026
Type: article
Abstract: There is growing concern about the protection of children's rights in compulsory psychiatric care. To examine procedural and legal variations in compulsory mental health care for children and adolescents across European nations, the European Society for Child and Adolescent Psychiatry (ESCAP) commissioned this study. A structured questionnaire was developed using Google Forms and distributed via email to representatives of all 36 ESCAP member countries. The survey gathered information on legislation, commitment criteria, and procedural requirements for compulsory mental health care in minors. Data were analysed qualitatively to identify common themes and notable legislative differences. A total of 35 responses were received, covering 24 countries. 29% of participating countries reported child-specific legislation for involuntary hospitalisation of minors, with key differences from adult legislation concerning commitment criteria, involvement of legal guardians, and considerations regarding minors' capacity to consent to treatment. A mental disorder diagnosis is required for involuntary admission in 88% of countries, with 52% of those countries specifying severe mental disorder. Further, 71% of countries require that the person pose a danger to themselves or others. The legal age of consent for treatment varies widely (12-18 years), with 92% of countries allowing appeals against involuntary hospitalisation by the minor or their guardians. The observed legislative disparities underscore the varied approaches to compulsory mental health care for minors in Europe, suggesting a need for developing shared guidelines to promote equitable and effective care across countries.
Institutions: Ljubljana University Medical Centre, Tampere University, University of Tampere, University Hospital Ulm, University of Ljubljana, University Psychiatric Hospital, Vanha Vaasa hospital, Tampere University Hospital, Leiden University, Leiden University Medical Center, Region Stockholm, Karolinska Institutet, Stockholm Health Care Services
Language: English
Subfield: Clinical Psychology
Field: Psychology
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $2,990
Funders: Università degli Studi di Cagliari, Betsi Cadwaladr University Health Board, Cardiff University, Rijksuniversiteit Groningen, Bangor University, Accare, Hebrew University of Jerusalem, Karolinska Institutet, Universitair Medisch Centrum Groningen, Goethe-Universität Frankfurt am Main, Université de Lausanne, Centre Hospitalier Universitaire Vaudois, Università degli Studi di Torino, Università degli Studi di Roma Tor Vergata, Univerza v Ljubljani, Tays, Faculty of Medicine and Health, University of Sydney
OpenAlex ID: W7165738131