Becker D, Gonen N, Floru S
Chaim Sheba Medical Center, Tel Hashomer.
Med Law. 1990;9(3):904-9.
The law deals with the question of compulsory confinement, not with compulsory treatment even if sentences are given commenting on the law. The controversy is whether the confinement's aim is to prevent the patient from harming himself and society or to obtain treatment. In the name of humanity the distinction made by the law between the act of hospitalization and treatment robs medicine of its essence so making the psychiatric ward merely a place of custody. The law has to deal with both the confinement and the treatment as synonyms and their application needs no separate consideration and decision. This dilemma will be discussed further based upon appropriate sentences.
法律处理的是强制监禁问题，而非强制治疗问题，即便在对法律进行阐释时会提及判刑。争议在于监禁的目的是防止患者伤害自己和社会，还是为了获得治疗。法律在住院行为和治疗之间所做的区分，以人道之名剥夺了医学的本质，从而使精神科病房仅仅成为一个拘禁场所。法律必须将监禁和治疗视为同义词，其应用无需单独考虑和决定。基于恰当的判决，这一困境将得到进一步讨论。
