Protection Of Self-determination Of Hospitalized Patients With Mental Disorders

While domestic and international human rights movements have become increasingly active and focused on protecting the human rights of vulnerable populations,the protection of the rights of patients with intellectual disabilities has recently become an important issue in the international human rights arena.In this paper,the protection of the right to self-determination of patients with mental disabilities undergoing inpatient treatment is the subject of research.It examines the admission and discharge procedures and standards of care set forth in the Mental Health Act as they relate to the patient’s right to self-determination,and offers ideas and recommendations for improving the protection of the right to self-determination of patients with mental disorders through foreign systems.Chapter 1 provides an overview of the background and objectives of the study and reviews the research conducted by the researcher.In Chapter 2,using a research report on the protection of patients’ right to self-determination in psychiatric rehabilitation facilities in the city of H as a model,we show that confusion regarding involuntary hospitalization and admission and the inability of patients to make their own choices about their treatment and life are problems that arise in practice.In light of the normative level and practical dilemmas,inadequacies of the current Mental Health Act are pointed out with regard to the guardianship system for mentally disabled patients,the involuntary inpatient treatment system,protection of patients’ right to informed consent,and facilitation of patients’ right to self-determination.Chapter 3 addresses theoretical issues such as the meaning and legitimacy of the right to self-determination of persons with mental disabilities,the necessity of limiting the right to self-determination of persons with mental disabilities,and the principle of limitation.However,in order to protect the life and health of persons with mental disabilities,to protect the interests of others and society,and to respect medical professionalism,the right of self-determination of persons with mental disabilities has limits and must be limited based on two principles:legal reservation and minimal interference.Chapter 4 details specific ways in which the right of self-determination of mentally disabled patients is protected during admission,discharge,and hospitalization.Chapter 5 focuses on the development of additional frameworks to protect the right to self-determination of patients with mental disorders,including the development of self-determination support mechanisms and monitoring mechanisms for involuntary inpatient treatment.In China,the following measures have been implemented: improving the guardianship system for patients with mental disorders;establishing mechanisms for redress of medical practices and a declaration and registration system;reasonably allocating inspection and supervision staff to strengthen supervision of specialized institutions;Establish strict criteria and procedures to regulate the implementation of health care protection measures;establish a multi-agency participation mechanism to ensure patients’ autonomy in making decisions and other feasible recommendations.