身心障礙者權利公約下強制住院何去何從？【醫法新論】 試閱
How Does the Mandatory Hospitalization Go under the Convention on the Rights of Persons with Disabilities?
身心障礙者權利公約指示原則指出，現行精神衛生法強制住院實有違背公約，侵害身心障礙者人權。然而，若直接去除強制住院措施，勢必造成精神醫學上之衝擊且多為醫界反彈。本文擬嘗試從身心障礙者權利公約與現行強制住院中找出平衡點，對於強制鑑定期間再縮短、審查會多元化意見參與，以及強制住院要件上限縮作為精神衛生法未來修法之參考。
According to the Guidelines of the Convention on the Rights of Persons with Disabilities (CRPD), it pointed out that the mandatory hospitalization of Mental Health Act has violated the human rights of persons with disabilities. If the mandatory hospitalization were removed, it would bound to cause the impact of mental medical, and more the backlash from medical doctors. The paper attempts to find a balance between CRPD and the mandatory hospitalization from shortening the time of mandatory examination, the diversity of the Review Committee, and the limited criteria of mandatory hospitalization as a reference for modifying the Mental Health Act.
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