Maintain the mentally disabled rights highlights humanistic medical treatment concept

DongYan HuoZengHui Beijing university of Chinese medicine

China's traditional Chinese medicine to

        On October 26, 2012, the 11th National People's Congress meeting 29 through the mental health law of the People's Republic of China (hereinafter referred to as the mental health act "). The method in order to maintain the lawful rights and interests of patients with mental disorders as the starting point, implement a constitutional safeguard human rights concept, trying to protect and balance the public in patients with mental disorders, the legitimate rights and interests of the parties to realize the maximization of interests, highlighted the humanistic medical advanced concept.

        To protect patients with mental disorders, to safeguard the lawful rights and dignity in patients with mental disorders

        To protect the lawful rights and interests of patients with mental disorders is the mental hygiene law's first goal. In patients with mental disorders close relative detinue, deprivation, transfer of property is a common event patients, patients with mental disorders property rights are infringed upon, In patients with mental disorders in education, employment process are discriminated against, education, right to work suffers damages situation is everywhere; Psychiatric institutions condition is poor, medical personnel do not respect patients, patients with mental disorders personality dignity infringed phenomenon is not rare. Aiming at these problems, the mental health law stipulates in patients with mental disorders, personality dignity, personal safety and property safety shall not be infringed upon, and from the following two aspects, makes every effort to safeguard the legal rights in patients with mental disorders:

        On the one hand, the increasing mental health business investment, security in patients with mental disorders have the right to medical treatment. According to relevant report, China has about 16 million serious in patients with mental disorders, and the only mental health medical institutions 1468, psychiatrists twenty thousand, difficult to meet the medical needs in patients with mental disorders. In view of this, the mental hygiene law from human, financial, material three aspects to strengthen the mental disorder of prevention, treatment and rehabilitation service ability construction. The law clearly stipulates that comprehensive medical institutions shall, in accordance with the provisions of the administrative department of public health under the state council to open psychiatric outpatient service or psychotherapy clinic and improve mental disorder prevention, diagnosis and treatment capacity. In patients with mental disorders of the medical treatment charge of social insurance in accordance with the relevant state provisions of the basic medical insurance fund pays, for patients with mental disorders through the basic medical insurance to pay medical treatment fee still have difficulties, or not through the basic medical insurance payment of medical expenses, civil affairs departments shall give priority to give medical treatment. These measures guarantee the mental disorder patients can receive timely, effective treatment of rights.

        On the other hand, provide special protection, respect for human dignity in patients with mental disorders. The mental health act "clear mental disorders of the hospitalization voluntary principle, fully respect patients opinion, the involuntary hospitalization conditions and procedures strictly limit, limit judge subject qualification, set with clear judgment standard. During hospitalization, medical institutions and their staff shall respect the patient communication and meet visitor and other rights. Besides in the acute period of disease or to avoid disturbing treatment can be temporarily limit outside, shall limit the right of the patient communication and meet visitor and other rights. For patients with mental disorders in the society of the weak position, the mental hygiene law gives its certain special protection regulations, no organization or individual may discrimination, insult, abuse in patients with mental disorders, not illegal restriction of personal freedom in patients with mental disorders.

        Clear forced hospitalization judgment standard, protect the public interest to maintain social security

        In patients with mental disorders in the protection of the interests of the at the same time, the mental hygiene law will protect the public interest from patients with mental disorders violations as an important one of the goals. Although for the mentally handicapped hospitalization to volunteer for the purpose, but under the principle of also have exception. Conclusion to the diagnosis, illness evaluation shows that as a serious issued in patients with mental disorders and has happened damage their own behavior, or hurt their own risk; Or has happened to harm other people safe behavior, or endanger the safety of others, shall be dangerous to the implementation of hospitalization. This clause has been clear about the mandatory implementation of the hospital conditions. To protect the public interest, to maintain social security meaning is obvious.

        Serious mental disorder patients living in society, is to own and others safety, especially others caused by personal safety violations. The data show that people with schizophrenia violence than normal risk more than 4 ~ 7 times. In 2011, guangzhou a history of mental illness is intermittent young mother burst epilepsy, two year old daughter disorderly knife chop down dead, a tragedy. This is only one example of many tragedy.

        In patients with mental disorders because of its physical conditions, for their own and the outside world cognitive often appear deviation, for his actions and consequences of the lack of clear understanding in patients with mental disorders, in part, for their own behavior lack of control, these factors have led to the patients with mental disorders, especially those violent patients, extremely easy to cause damage people around, and the damage behavior happened for emergencies, most residents, this kind of potential safety problems also easy to make public panic psychology. Visible, in order to effectively reduce mental disorder patients to a third person and the public interests of the infringement, to avoid the similar tragedy happened in hospital, insist on the principle of voluntary, under threat to public safety may be serious mental disorder patients to the hospital for treatment, adopt compulsory means is to maintain the public interests of the real need, also become the various countries' mental health law of common choice

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