Principle 11

Cathy Wield, the British doctor who underwent psychosurgery and wrote about her experience in a recently-published book called “Life after Darkness” was detained under the Mental Health Act when she was operated on. In Britain, as long as the person consents to the operation (Scotland has provision for carrying out psychosurgery on patients who are unable to consent), this is legal but is nevertheless rare. In the fifteen year period between 1984 and 1999, out of over 300 referrals for psychosurgery in England and Wales, only two were for detained patients. At least, this is what the eighth biennial report of the Mental Health Act Commission said; figures from the Royal College of Psychiatrists suggest a somewhat higher number.

The World Health Organisation, has this to say about psychosurgery:

“Psychosurgery and other intrusive and irreversible treatments for mental illness shall never be carried out on a patient who is an involuntary patient in a mental health facility and, to the extent that domestic law permits them to be carried out, they may be carried out on any other patient only where the patient has given informed consent and an independent external body has satisfied itself that there is genuine informed consent and that the treatment best serves the health needs of the patient. Principle 11 (14) MI Principles”

From the WHO Resource Book on Mental Health, Human Rights and Legislation, 2005, page 63.

Principle 11 was included in Resolution 46/119, adopted by the General Assembly of the United Nations in 1991.