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Peer-reviewedCC BY 4.0European Child & Adolescent Psychiatry

Legislative differences in compulsory mental health care for children and adolescents across European countries

  • Tjaša Vranetič1
  • Konsta Hakala2
  • Jörg M. Fegert3
  • Maja Drobnič Radobuljac4,5
  • Riittakerttu Kaltiala2,6,7
  • Robert Vermeiren8
  • Astrid Moell9
  • ESCAP coercion and restraint consortium
9 affiliations
  1. 1University Medical Centre Ljubljana, Child Psychiatry Unit, University Children’s Hospital, Ljubljana, Slovenia
  2. 2Faculty of Medicine and Health Technology, Tampere University, Tampere, Finland
  3. 3Department for Child and Adolescent Psychiatry and Psychotherapy, University Hospital Ulm, Ulm, Germany
  4. 4University of Ljubljana, Faculty of Medicine, Department of Psychiatry, Ljubljana, Slovenia
  5. 5University Psychiatric Clinic Ljubljana, Ljubljana, Slovenia
  6. 6Department of Adolescent Psychiatry, Tampere University Hospital, Tampere, Finland
  7. 7Vanha Vaasa Hospital, Vaasa, Finland
  8. 8Child and Adolescent Psychiatry, University of Leiden, LUMC-Curium, Oegstgeest, The Netherlands
  9. 9Centre for Psychiatry Research, Department of Clinical Neuroscience, Karolinska Institutet, & Stockholm Health Care Services, Region Stockholm, Stockholm, Sweden
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Abstract

There is growing concern about the protection of children’s rights in compulsory psychiatric care. To examine procedural and legal variations in compulsory mental health care for children and adolescents across European nations, the European Society for Child and Adolescent Psychiatry (ESCAP) commissioned this study. A structured questionnaire was developed using Google Forms and distributed via email to representatives of all 36 ESCAP member countries. The survey gathered information on legislation, commitment criteria, and procedural requirements for compulsory mental health care in minors. Data were analysed qualitatively to identify common themes and notable legislative differences. A total of 35 responses were received, covering 24 countries. 29% of participating countries reported child-specific legislation for involuntary hospitalisation of minors, with key differences from adult legislation concerning commitment criteria, involvement of legal guardians, and considerations regarding minors’ capacity to consent to treatment. A mental disorder diagnosis is required for involuntary admission in 88% of countries, with 52% of those countries specifying severe mental disorder. Further, 71% of countries require that the person pose a danger to themselves or others. The legal age of consent for treatment varies widely (12–18 years), with 92% of countries allowing appeals against involuntary hospitalisation by the minor or their guardians. The observed legislative disparities underscore the varied approaches to compulsory mental health care for minors in Europe, suggesting a need for developing shared guidelines to promote equitable and effective care across countries.

Supplementary Information: The online version contains supplementary material available at https://doi.org/10.1007/s00787-026-03108-1.

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Cite

BibTeXRIS
BibTeX
@article{vranetic2026legislative,
  title = {{Legislative differences in compulsory mental health care for children and adolescents across European countries}},
  author = {Tjaša Vranetič and Konsta Hakala and Jörg M. Fegert and Maja Drobnič Radobuljac and Riittakerttu Kaltiala and Robert Vermeiren and Astrid Moell and ESCAP coercion and restraint consortium},
  journal = {European Child \& Adolescent Psychiatry},
  year = {2026},
  month = jun,
  doi = {10.1007/s00787-026-03108-1},
  url = {https://doi.org/10.1007/s00787-026-03108-1},
  note = {CC BY 4.0},
}
RIS
TY  - JOUR
TI  - Legislative differences in compulsory mental health care for children and adolescents across European countries
AU  - Tjaša Vranetič
AU  - Konsta Hakala
AU  - Jörg M. Fegert
AU  - Maja Drobnič Radobuljac
AU  - Riittakerttu Kaltiala
AU  - Robert Vermeiren
AU  - Astrid Moell
AU  - ESCAP coercion and restraint consortium
PY  - 2026
DA  - 2026/06/24
JO  - European Child & Adolescent Psychiatry
DO  - 10.1007/s00787-026-03108-1
UR  - https://doi.org/10.1007/s00787-026-03108-1
AB  - There is growing concern about the protection of children’s rights in compulsory psychiatric care. To examine procedural and legal variations in compulsory mental health care for children and adolescents across European nations, the European Society for Child and Adolescent Psychiatry (ESCAP) commissioned this study. A structured questionnaire was developed using Google Forms and distributed via email to representatives of all 36 ESCAP member countries. The survey gathered information on legislation, commitment criteria, and procedural requirements for compulsory mental health care in minors. Data were analysed qualitatively to identify common themes and notable legislative differences. A total of 35 responses were received, covering 24 countries. 29% of participating countries reported child-specific legislation for involuntary hospitalisation of minors, with key differences from adult legislation concerning commitment criteria, involvement of legal guardians, and considerations regarding minors’ capacity to consent to treatment. A mental disorder diagnosis is required for involuntary admission in 88% of countries, with 52% of those countries specifying severe mental disorder. Further, 71% of countries require that the person pose a danger to themselves or others. The legal age of consent for treatment varies widely (12–18 years), with 92% of countries allowing appeals against involuntary hospitalisation by the minor or their guardians. The observed legislative disparities underscore the varied approaches to compulsory mental health care for minors in Europe, suggesting a need for developing shared guidelines to promote equitable and effective care across countries.  Supplementary Information: The online version contains supplementary material available at https://doi.org/10.1007/s00787-026-03108-1.
SN  - 1018-8827
SN  - 1435-165X
ER  -