Coercive measures in psychiatric treatment Transition in the field of tension between parental worry and self-responsibility of young people

The legal situation regulating the initiation and handling of coercive measures for pediatric and adolescent patients in psychiatric or psychotherapeutic treatment, differs greatly from that used in adults. If transition from adolescence to adulthood is already a challenge for healthy individuals, it is much more problematic for the mentally ill, especially when it comes to the issue of coercive treatment. This article presents the different legal situations especially with respect to coercive measures in children and adolescents compared to adults and an explanation of the resulting problems as well as providing sketches of approaches to solutions. The respective legal bases are presented and a description of the development of the legislation is given. Problematic situations are illuminated especially based on concrete case constellations. Due to legal uncertainties, there is a risk that mentally ill children and adolescents, approved by parents who are often in a conflict of interests, are subjected to violations of fundamental human rights. An independent authority that could become aware of this to verify the justification for these measures does not exist. In addition, there are often gaps in treatment. A more comprehensive and improved legislative regulation of coercive interventions beyond the deprivation of freedom is needed to ensure the rights of psychiatrically treated children and young people. Moreover, specific provisions for supporting the transition of mentally ill adolescents are necessary.