Law on help and protective measures in the event of mental illness (Baden-Württemberg)
| Basic data | |
|---|---|
| Title: | Law on Help and Protection in Mental Illnesses |
| Short title: | Mentally Ill Aid Act |
| Abbreviation: | PsychKHG |
| Type: | State Law |
| Scope: | Baden-Württemberg |
| Legal matter: | Care law |
| Original version from: | Housing Act December 2, 1991 (Journal of Laws p. 794) |
| Entry into force on: | January 1, 2015 |
| Last revision from: | November 25, 2014 (Journal of Laws p. 534) |
| Last change by: | June 25, 2019 (Journal of Laws p. 230) |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The law on help and protective measures in the event of mental illness is a state law in Baden-Württemberg . It regulates the accommodation . It came into force on January 1, 2015. It replaces the 1991 Accommodation Act.
The Federal Constitutional Court (BVerfG) made it clear in 1981 that those in care have a right to “freedom to be ill” within certain limits (Federal Constitutional Court, decision of October 7, 1981, Az. 2 BvR 1194/80). With regard to the state law of Baden-Württemberg, it said: "An interpretation of the Baden-Württemberg Accommodation Act that allows welfare concerns of weight to be sufficient for the arrangement of accommodation is compatible with federal law."
The background to the amendment to the law was the decision of the Federal Constitutional Court of October 12, 2011, according to which the Baden-Württemberg law on the placement of mentally ill persons does not provide a sufficient legal basis for compulsory treatment . A criminal who had been in the penal system in Baden-Württemberg since 2005 was supposed to be injected with a neuroleptic to treat a personality disorder against his will. The Federal Constitutional Court ruled that this treatment constitutes an inadmissible interference with the fundamental right to physical integrity.
Due to the new law, an independent ombudsman is to be set up, among other things , which records the accommodation and coercive measures (compulsory treatment, restraint, detention instead of restraint, isolation in a specially secured room and room confinement) in a nationwide central encrypted register of residents and at least informs the state parliament about this reported once during the legislative period (Section 10 PsychKHG).
Change from June 25, 2019
The law was changed on June 25, 2019 due to the amendment of the Federal Constitutional Court in §§ 16, 20, 25 and 34.
On July 24, 2018, the Federal Constitutional Court ruled on restraints in psychiatric hospitals. - The restraint of a patient represents an encroachment on his or her fundamental right to freedom of the person (Art. 2, Paragraph 2, Sentence 2 in conjunction with Art. 104 GG).
- Both a 5-point and a 7-point restraint are deprivation of liberty within the meaning of Article 104, Paragraph 2 of the Basic Law, which is not covered by a judicial placement order if it is foreseeable to be more than half Exceeds hour.
- The fixation is subject to a judge's reservation. This means that approval must be obtained from the court.
- For this, the courts must have a daily on-call duty between 6 a.m. and 9 p.m.
- During restraint, 1: 1 care by therapeutic or nursing staff is required, provided the patient does not refuse to be accompanied.
Opportunities for complaints
In the event of restraints, the patient must be informed of the possibility of a subsequent judicial review.
Section 9 designates a patient advocate and an independent information, advice and complaint center for each district. While the patient advocate is only responsible for the clinic, the complaints offices also include outpatient services such as assisted living, homes and rehabilitation facilities. They are subject to confidentiality unless the person concerned or their relatives have given birth to them. You should work towards a solution to the problem, but you have no authority to issue instructions.
See also
Individual evidence
- ↑ Law on help and protective measures in the event of mental illness (Mental Health Help Act - PsychKHG) of November 25, 2014
- ↑ Federal Constitutional Court, decision of the Second Senate of October 7, 1981, Az. 2 BvR 1194/80
- ↑ Decision of the Federal Constitutional Court on the Baden-Württemberg law on the accommodation of the mentally ill
- ↑ Various statements 2011-2013
- ^ Statement by the Federal Working Group on Psychiatry Experienced, February 20, 2012 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Independent contact points for mentally ill people to strengthen their patient rights Website of the Ministry of Social Affairs and Integration Baden-Württemberg, accessed on November 11, 2018
- ↑ What are the findings from the implementation of the Mental Health Assistance Act to date? Membership application and statement from the Ministry for Social Affairs and Integration, Landtag of Baden-Württemberg, Drs. 16/2301 of June 30, 2017
