| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 100 === This paper aims to conduct a complete constitutional-research on involuntary treatment of mental-disorderly patients regulated by the Mental Health Act. Mental Health Act contains regulations such as Involuntary Hospitalization treatment, Mandatory Community treatment, and so on. Involuntary Hospitalization treatment is an important method that protects both serious patients and the safety of society, but it also poses immense interference to the freedom of patients. On the other hand, Taiwan is the first Asian country to ever practiced Mandatory Community treatment, hence the damage caused by this method on patients’ rights must be concerned.
While discussing whether “involuntary treatment” conforms to the civilian rights given by the Constitution, the main point should be focused on if the National interference on imposing involuntary treatment on mental-disabled patients is necessary. Only when this prerequisite is confirmed true, can we examine whether these involuntary treatments conform to the Constitution, and subsequently offer advice. Consequently, this paper will follow this sequence to analyze the damage done to the rights of mental-disorderly patients by the involuntary treatment imposed by Mental Health Act in Taiwan, and hence propose relief plans as well as improvement methods, in hope to secure sufficient rights and welfares for the mental-disabled patients.
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