Mental health law
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For people with mental health laws in individual states about " protection" and " aids " for mentally ill people exist in Germany ( often referred to as PsychKG for short), which are designed to ensure the rights of the mentally ill to live a self-reliant and self-determined life in the community, but also empower the relevant authorities, in the event of acute self - harm or harm to accommodate the patients against their will in a psychiatric hospital.
In Baden- Württemberg, Bavaria and Saarland these provisions are called laws on " Protection" and " aids " for mentally ill people, housing law, in Hesse detention law. Since the Federal Constitutional Court decided on 12 October 2011 that the Baden-Württemberg law on the detention of the mentally ill is not a sufficient legal basis for an involuntary treatment, a new Mentally - ill -aid law is expected to enter into force in 2014.
- 6.4.1 General
- 6.4.2 Land law
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Laws content
The valid since 1952 Hessian detention law permits the involuntary commitment of a person only in self - harm or harm, so if " a significant threat to their fellow human beings threatened and this can not otherwise be averted ," or if a significant " danger to themselves " there. The Bavarian Accommodation Act allows compulsory admission even when the " substantial measure of public order or security risk" is. The Mentally - ill - laws allow the housings even if "significant legal interests of other significant risk " are. They regulate the powers of the police, regulatory agencies, social-psychiatric services, and legal advisors. Also governs when forced investigations, enforcement measures and treatments are allowed. In the newer laws is also described that patient before and aftercare support offered and advisory services are to be made. Although the forced Instructed has the right to be treated, but he has no choice as to whether he can be with medication or psychotherapy treatment. In some countries laws and the social psychiatric service is authorized to conduct home visits and medical examinations.
Jurisdiction
In most cases the local clerk's office is responsible for assistance under the Mentally - ill - laws. The legal process for custodial accommodation is in the Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (short: FamFG ), § § 312 ff there, regulated. Measures after PsychKG can encourage everyone. Thus, a judicial process can begin, but it takes in almost all states of a formal request from the competent public affairs office. In Brandenburg, may also be a legal advisor to apply for the PsychKG accommodating.
Compulsory treatment
A treatment against the will of the person concerned is permitted in North Rhine -Westphalia and in the absence of capacity to consent of the person concerned only in cases of danger to life, of considerable danger to their own and the health of other people.
If a supervisor is appointed (with appropriate task circle), applies to the PsychKG accommodating the following:
The supervisor may only be for the benefit of assisted act ( § 1901 BGB). His good, the Supervised primarily to determine for themselves if it no longer is not due to illness to be able to recognize this. Therefore, the supervisor can not consent against the will of assisted in its place in the treatment principle, if not the health of assisted is significantly compromised. In a schizophrenic illness which is generally assumed by the courts.
In all federal states in interventions with considerable danger to life and health, consent of the legal supervisor necessary if the Supervised incapable of giving consent is. In Lower Saxony, Saarland and Saxony, this applies to any treatment, in Brandenburg and Rhineland -Palatinate for any physical intervention.
In Brandenburg, North Rhine-Westphalia and Rhineland -Palatinate beyond a discussion of the treatment plan is also provided with the supervisor, in Berlin, Mecklenburg- Vorpommern, this is also true at the request of the person concerned. In Brandenburg and North Rhine-Westphalia restricting liberty measures shall be notified also the supervisor. In Thuringia, the supervisor must be informed later of urgent treatments occurred at the request of the person concerned.
The proposed amendment to the " Law on assistance and protection measures for mental diseases " ( BremPsychKG ) § 22 correspond to the care regulations.
No treatment may violate the right to self determination under Article 2 of the Basic Law. After constitutional basis of the patient's well- being can not be determined by objective standards, but primarily subjectively by the patient's will. The legislature has therefore now held in § 1901a II BGB that were not freely welcome determining efficient patient may not be treated against his presumed will.
Court
Includes one associated with a health care proxy living wills inpatient psychiatric treatment, so this is by a decision of the Higher Regional Court Hamm an accommodation on the basis of § 11 PsychKG North Rhine -Westphalia not prevent the placement to avert a present danger of suicide is required and the provision Agents the protection of the person concerned can not be guaranteed. Due to the current risk of suicide those limits are clearly exceeded according to the Court, within which a mental patient is to maintain 'the freedom to disease. " The state has the power to protect the sick man from himself.