Facts
The complainant, Ms. X., suffers from paranoid schizophrenia and was admitted to the Psychiatric Clinic Oberwil in June 2003. On August 22, 2003, she was forcibly medicated because she caused a currently severe disturbance of cohabitation. The legal remedies lodged against this decision remained unsuccessful. The complainant appealed to the Administrative Court of the Canton of Zug and complained that the treatment was unnecessary and inappropriate. The Administrative Court dismissed the complaint and deemed the forced medication necessary and appropriate to prevent an immediate and severe threat to the life or health of the person concerned or third parties, or to address an acute severe disturbance of cohabitation.
Against this decision, the complainant lodged a constitutional complaint with the Federal Court and requested the annulment of the Administrative Court's judgment. She alleged a violation of personal freedom under Art. 10 para. 2 Cst. and Art. 8 ECHR, as well as human dignity under Art. 7 Cst., and specifically complained about the disproportionality of the coercive measure.
Considerations
The Federal Court has established that a medicinal coercive treatment constitutes a severe infringement on personal freedom in the sense of physical and mental integrity under Art. 10 para. 2 Cst. and Art. 8 para. 1 ECHR, and centrally concerns human dignity under Art. 7 Cst. As a severe infringement on the aforementioned constitutional rights, a medicinal coercive treatment under Art. 36 Cst. requires a clear and explicit regulation in a formal law and must be justified by a public interest or the protection of the fundamental rights of third parties and prove to be proportionate.
The Federal Court has further found that the complainant, despite her lack of insight into her illness, has been suffering from paranoid schizophrenia for years and is therefore in need of help. The disputed medication has the significance of an actual and long-term therapy and treatment. However, the Administrative Court has not demonstrated that the forced medication is necessary to prevent an immediate and severe threat to the life or health of the person concerned or third parties, or to eliminate an acute severe disturbance of cohabitation.
The Federal Court has also found that the Administrative Court has not conducted a comprehensive balancing of interests and has not sufficiently demonstrated the reasons for the coercive measure in various respects. In particular, the Administrative Court has not demonstrated that self-endangerment and…