The Research of Compulsory Admission for Treatment of Mental Health Act

• Main Authors: SOUNG, HUNG-SHENG, 宋鴻生
• Other Authors: Liu, PING-Chiun
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/86jrcf

碩士 === 銘傳大學 === 法律學系碩士在職專班 === 107 === Compulsory admission for treatment (CAT) is a necessary medical treatment modality for the safety of patients and the general public. It, however, would deprive these patients of personal liberty, and CAT for patients with severe mental illness under the Mental Health Act (MHA) is one such example. Because immediate coercion have emergency character, and it has a great affect on the fundamental rights which The Article 8 of the Constitution expressly states that "personal freedom shall be guaranteed to the people", that are people's lives,body,personal freedom and property. Every country in the world has their merits for different criteria and procedures for CAT. In this article would introduce the legal regulations in five different countries : United States, Japan, Germany, United Kingdom, Canada. By investigating those cases, we could categorize which cases may fulfill the criteria of CAT and which may not. This is useful for psychiatrists to manage relevant issues in the future and help psychiatric practice and law to reach a consensus on CAT. Finally,the conclusion and suggestion,hoping to build a more specific and clear law enforcement standard in the future,in order to protection of human rights and avoiding the spread of emergency hazards at the same time, then would be more able to meet expectations of the community.. Constitutional law Article 23, All the freedoms and rights enumerated in the preceding Articles shall not be restricted by law except by such as may be necessary to prevent infringement upon the freedoms of other persons, to avert an imminent crisis, to maintain social order or to advance public welfare. Article 23may resolve the problem of Constitional law Article 8 which was against Compulsory admission for treatment (CAT) . USA parliament disagree CRPD. No any country cancel Compulsory admission for treatment (CAT). My first option , suggest parliament interpretate the relationship between mental health act and Constitutional law. The second , parliament reform Mental Health Act (MHA) .