Brazilian Minister Padilha: say NO to compulsory hospitalisation for crack users

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Brazilian Minister Padilha: say NO to compulsory hospitalisation for crack users

14 December 2012

Mass compulsory inpatient treatment has been presented as a solution for the problems resulting from crack cocaine abuse. This policy is not supported by research in the health literature and is an affront to constitutional rights. The Minister of Health has not taken a clear position on this.

In his inaugural speech in January 2011, Brazilian Minister Alexandre Padilha stated that the fight against crack cocaine could not lead to the loss of personal autonomy or to withdrawal from the social environment. Until now, despite statements issued by officials from the Ministry of Health against compulsory admission policies, Minister Padilha has not expressed with sufficient clarity his position regarding this matter.

When asked about compulsory admission, the Minister has been answering that the law provides for involuntary commitment. It may be that involuntary commitment of substance abusers – as determined by Brazilian law – is sometimes necessary, but it is exceptional and decided by health teams on a case-by-case basis. Compulsory admission, on the other hand, can only be determined by a court, and therefore requires individualized evaluation and attention to judiciary procedures. Therefore, compulsory treatment cannot be applied as a generic policy or, worse, as a widespread solution under the aegis of executive power.

The Ministry of Health itself – through its Mental Health Secretariat – has provided alternatives for financing the implementation of comprehensive actions that take into account the rights and the complex health needs of citizens who have problems with crack cocaine use. By not taking a clear position against mass, compulsory in-treatment, the minister leads us to suspect that he is under influences that are alien to the technical and legal framework that must support decisions in healthcare.

On behalf of his commitment to Health and Justice, we request that the Brazilian Minister of Health clearly maintain his historic position against compulsory admission as a public policy; otherwise he will signal a dangerous support to practices whose nature is repressive, unclear, ineffective, discriminatory and clearly illegal.

If you agree that this stance is important, help us to make this clear to the Minister, by signing and disseminating this petition. Thank you!

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