Discussion on the Forced Treatment in Mental Illness from Protection of Human Rights
According to relevant provisions of the current Mental Health Act for severe mental illness, forced hospitalization or forced community treatment must be implemented. These measures have a huge impact on the persons with mental illness or their family, and may especially infringe upon fundamental human rights in the Constitution. Therefore, this study addresses the constitutionality of these measures and examines their nature of legal acts. Investigation will be made into the scope of basic human rights, for example, freedom of the person, the right of personality, the right of human dignity, health rights. Discussion on the due process of law practice as well as the protection of administrative relief system. Through indepth discussion on the constitutionality, this study offers specific comments and suggestions for the academic and practical reference.