Karlsruhe: Forced treatment now also possible on an outpatient basis!

Karlsruhe: Forced treatment now also possible on an outpatient basis!

A groundbreaking judgment of the Federal Constitutional Court in Karlsruhe has revolutionized the rules for the forced treatment of legally supervised people! In a pioneering decision on Tuesday, it was found that inpatient treatment in a hospital is not always necessary if a compulsive medical treatment is necessary. This regulation, which was previously legally binding, was classified as partly incompatible with the Basic Law. (Az. 1 BVL 1/24)

legally supervised persons who are unable to make decisions independently due to illness or disability can now be treated on an outpatient basis under certain conditions. This is particularly important if treatment in the hospital could lead to a significant impairment of its physical integrity. A concrete case that led to this judgment concerned a woman who was in the Retraumatized clinic, which her supervisor found to be intolerable. So far, it was required by law that such forced treatments had to be carried out exclusively in a hospital.

new regulations by the end of 2026

The court decided that the existing regulation must be changed by the end of 2026. An exception is permitted under certain conditions: If there is a significant impairment of physical integrity in the hospital and this danger is significantly lower for treatment in your own residential equipment, outpatient treatment can be considered. This decision could sustainably improve the lives of many people with legal care and enable them to have more human treatment.