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<p>The legal admissibility of electroconvulsive therapy (ECT) against the natural will of the person undergoing such treatment is governed in Germany by the provisions generally applicable to compulsory medical measures. Due to the federal structure these provisions are scattered across an almost impossibly complex and disparate legal landscape comprising at least 80&#xa0;individual laws with diverse, subtly differing and in some cases significantly divergent provisions. As far as the requirements generally applicable to compulsory medical measures are concerned, the case law of the Federal Constitutional Court (BVerfG) provides useful guidance. The significance of these requirements for ECT against a&#xa0;person’s will has been examined by the Federal Court of Justice (BGH) in several decisions on guardianship law. The legal situation and the case law of the BVerfG on compulsory medical measures and of the BGH on ECT as a&#xa0;compulsory medical measure are presented here.</p>

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Ärztliche Zwangsmaßnahmen und EKT im deutschen Recht

  • 期刊论文

  • 发表日期：

    2026年6月22日

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  • Matthias Koller,
  • Andreas Spickhoff

摘要

The legal admissibility of electroconvulsive therapy (ECT) against the natural will of the person undergoing such treatment is governed in Germany by the provisions generally applicable to compulsory medical measures. Due to the federal structure these provisions are scattered across an almost impossibly complex and disparate legal landscape comprising at least 80 individual laws with diverse, subtly differing and in some cases significantly divergent provisions. As far as the requirements generally applicable to compulsory medical measures are concerned, the case law of the Federal Constitutional Court (BVerfG) provides useful guidance. The significance of these requirements for ECT against a person’s will has been examined by the Federal Court of Justice (BGH) in several decisions on guardianship law. The legal situation and the case law of the BVerfG on compulsory medical measures and of the BGH on ECT as a compulsory medical measure are presented here.