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Several legislative problems in program design for the mental disorder patients’ involuntary admission and treatment
Pages: 12-17
Year: Issue:  2
Journal: China Health Law

Keyword:  Patients with mental disordersInvoluntary admission and treatmentCompulsory treatedSubject of referralSubject of admissionThe guardianThe legal representativesMIStandards of dangerMental health lawMaximization of patients’ benefitsGuardianThe judicial intervention;
Abstract: For involuntary admission and treatment of people with mental disorders,the attention should be paid to protect patients’ personal rights,especially the due process rights.International comparative analysis of various countries’ legislation shows,the legislation must reflect the protection of human rights in all aspects of the admission to the program.The main problems include developing mandatory standards for the admission,subject of referral,subject of admission,preliminary adjudication steps and deadlines,relief for the preliminary adjudication, system for the legal representatives,intervention of judicial review(or an independent third party intervention), proof of danger,subsequent periodic review to avoid indefinite detention,protection of patients’ rights to access information,appeals and so on.China should learn the experience from other advanced countries’ legislation,and make up for our mental health legislative loopholes on the program design for the mental disorder patients’ involuntary admission and treatment.
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