The Protection Of The Mental Patients’ Rights

The objective existence of mental illness is the prerequisite of the protection ofthe mental patients’rights. The diagnosis of mental illness can not eliminate thesubjective judgment of the psychiatrist. And the treatment of mental disease oftencomes with the restrict of the freedom of the mental patients.In practice, due to thelack of constraint of the psychiatrist,the scientific phraseology of psychosis iscatabolized as the tool of the restriction of personal freedom. Because of this, weshould limit the power of the psychiatrist in order to protect the rights of the mentallydisabled. As a person, mental patient should enjoy human rights. Animal right focuson the qualification to be good treated,different from it，the right of the mentallydisabled emphasize the freedom of choice based on their free well. The cause ofmental disease trails off the patients’capacity for act. As a consequence, we need togive them a special protection under those principles：the principle of patients’maximum benefit， the principle of equal care and respect， the principle ofproportional equality and the difference principle. Combined with the internationaladvanced legislative experience, we must ensure that the mental patients enjoy theright of equaliy, health, autonomy, free from the inhumane treatment and the right togain the judicial relief.Almost all the countries in the world select legislation mechanism to protect therights of the mentally disabled. But for a long time, there is no unified mental healthlegislation in our country, because of this, the condition of the mentally disabled ispoor. On one side, nearly seventy percent of mentally disabled can not have effectivetreatment, on the other side, many healthy people are put into hospital as mentalpatients. The promulgation of Mental Health Act(2011) in China provide a favorableopportunity to improve the quality of the mental patients. On the one hand, we shouldreinforce the finacial sopport of the serious mental patients, one the other hand, weshould establish the system of the involuntary hospitalization by fully respecting therights of mentally disabled.The standards of the involuntary hospitalization should be restricted. The patients should have the right to entrust an agent autonomously.Thehandling committee of objections should be established. When the mental patients’rights were violated, it should be protected judicially.