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Chapter 20 - Autonomy and Compulsory Care in the Netherlands

from Part II - International Policy Perspectives

Published online by Cambridge University Press:  29 April 2026

Katherine Warburton
Affiliation:
California Department of State Hospitals, University of California, Davis, USA
Stephen M. Stahl
Affiliation:
University of California, Riverside, USA
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Summary

In the Netherlands, compulsory care of patients with mental disorders such as schizophrenia is regulated by the Law on Compulsory Mental Healthcare (Wet verplichte geestelijke gezondheidszorg or Wvggz). This law replaces its predecessor, the Law on Special Admissions to Psychiatric Hospitals (Wet bijzondere opnemingen in psychiatrische ziekenhuizen or Bopz). The legislative process for this new law took over a decade. Discussions in parliament, with clinicians and in civil society focused much on the complexity of the relevant legal procedures and on the autonomy and legal position of the patients. In this paper, we discuss the Wvggz, its background and the central procedures for the judicial authorization of compulsory care. We also discuss which forms of compulsory care the Wvggz allows – as the Wvggz provides options for compulsory care in mental health clinics, but also at home and in community settings. While the Wvggz is a complex law with many elements, in this paper we focus on various ways the Wvggz is purportedly aimed at enhancing autonomy of patients with severe mental illness. In conclusion, we show how Dutch regulations aimed at enhancing autonomy also create more complexity and bureaucracy for patients.

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