תורת המשפט הטיפולי וחשיבות הטמעתה בעבודת הוועדות הפסיכיאטריות המחוזיות

The paper suggests that a purposive interpretation of the Israeli Law for the Treatment of the Mentally ill, in the spirit of the Basic Law: Human Dignity and Liberty, justifies the integration of the principles of Therapeutic Jurisprudence into the work of the District Psychiatric Committee that discusses involuntary psychiatric hospitalization and treatment. Adopting these principles is intended to increase patient’s liberty and independence, to promote the process of “rehabilitating their autonomy”, providing them with a significant sense of procedural justice - having their voice and arguments heard and being treated with respect during the legal proceeding, and increasing the patient’s commitment to their treatment and rehabilitation process – during and after hospitalization. In a wider perspective, adopting these principles is intended to reduce hospitalizations and the “revolving door” phenomena – a quick readmission after discharge for lack of adequate realization of the treatment and rehabilitation potential. It is suggested that the Therapeutic Jurisprudence approach be adopted by the committee, as well as by the representing lawyers, the treating physicians and in relevant cases, also by family members and significant others of the patient.The authors reject the argument as if the application of the Therapeutic Jurisprudence principles would transform the committee into a treatment provider. They stress that acknowledging the potential ramifications of the legal proceeding on emotions, behaviors, well being and mental health of the patient is not synonymous to defining the legal proceeding as a psychiatric treatment.They suggest that using the proper professional tools that are at the disposal of the committee members, within their legal and professional jurisdiction is intended to allow the committee to best fulfill the purpose of The Law for the Treatment of the Mentally ill. Thus, applying the principles of Therapeutic Jurisprudence within the committee’s work is not“Treatment” but “Health Promotion”.