Forced psychiatric interventions mandate individuals into mental health treatment against their will, often in response to a perceived crisis or as a precondition for housing or social services. Despite clear evidence against their effectiveness, these interventions continue to be prioritized over more humane, evidence-based approaches. In recent years, state and local governments have increasingly turned to forced psychiatric intervention as a response to public safety concerns, rather than addressing the systemic issues and root causes that drive distress and crisis.

Chapter 1, Article XI of the American Declaration of the Rights and Duties of Man states that “every person has the right to the preservation of [their] health through sanitary and social measures relating to food, clothing, housing, and medical care...” Forced displacement to inpatient facilities is a clear violation of this tenet. Forced interventions strip people of autonomy, create environments of fear and mistrust, and further traumatize those subjected to them. These interventions disproportionately impact marginalized communities, including those who are racialized, disabled, living in poverty, or experiencing homelessness, substance use challenges, and/or incarceration in the criminal legal system.

The authors will provide context around state laws mandating forced hospitalizations. For example, recent policies in California and New York forcibly institutionalize people experiencing houselessness, even when they do not have a diagnosed mental health condition. Examples of policy and advocacy actions as well as policy recommendations to protect people’s freedom, liberty, and health will be provided.