Law on Help and Protection for People with Mental Illnesses
| Basic data | |
|---|---|
| Title: | Law on Help and Protection for People with Mental Illnesses |
| Short title: | Mental Illness Act |
| Abbreviation: | PsychKG MV |
| Type: | State Law |
| Scope: | Mecklenburg-Western Pomerania |
| Legal matter: | Care law |
| Original version from: | April 13, 2000 (GVOBl. MV S. 182) |
| Entry into force on: | |
| Last revision from: | July 14, 2016 (GVOBl. MV 2016, p. 593) |
| Entry into force of the new version on: |
15th July 2016 |
| Last change by: | Art. 9 G of 16 May 2018 (GVOBl. MV S. 183, 189) |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The law on help and protective measures for people with mental illnesses , in short Mental Illness Law , abbreviated PsychKG MV , is a state law in Mecklenburg-Western Pomerania .
The law regulates
1. the help for people with mental illnesses,
2. the measures against people with mental illnesses,
3. a) the accommodation of people with mental illnesses according to this law, as far as the procedure is not in the law on the procedure in family matters and in matters of voluntary jurisdiction is regulated,
b) the execution of the placement ordered as a measure of reform and security according to § 61 numbers 1 and 2 of the Criminal Code (execution of measures), in particular on the basis of §§ 7 and 73 of the Youth Courts Act and of §§ 81 and 126a of the Code of Criminal Procedure.
The new version was adopted in 2016.
In July 2017, the Federal Constitutional Court ruled in favor of a patient in the event of compulsory treatment (decision of July 19, 2017, Az. 2 BvR 2003/14). In 2014, nurses, doctors and nurses gave her Zypadhera at increasing doses . The judge at the Waren (Müritz) district court explained to the plaintiff that the forced medication was necessary because she lacked any insight into the disease and treatment. The 14-day treatment with a depot syringe is also not associated with any significant health risks. Should the drug administered develop undesirable, not inconsiderable side effects, this can be discussed with the treating physician and, if necessary, a change in medication can be made. The Federal Constitutional Court, on the other hand, criticized the lack of “prior efforts to obtain consent based on trust and voluntary in the legal sense”. Among other things, the patient was administered the drug using force by the nurse, doctor and nurse.
In particular, the Federal Constitutional Court ruled: "Section 23, Paragraph 2, Clause 2, Alternative 1 of the Law on Assistance and Protective Measures for Mentally Ill People in the State of Mecklenburg-Western Pomerania (Mental Illness Act - PsychKG MV) in the version of the announcement of April 13, 2000 (Law and Ordinance Gazette for Mecklenburg-Western Pomerania page 182, last amended by Article 4 of the Amendment Act of November 9, 2010, Law and Ordinance Gazette for Mecklenburg-Western Pomerania pages 642, 649) is with Article 2 paragraph 2 sentence 1 in conjunction with Article 19 paragraph 4 sentence 1 of Basic Law incompatible and void. "
The norm indirectly attacked by the constitutional complaint was repealed and revised in 2016. Similar formulations are still valid in three other federal states, however, as the Senate itself noted.
See also
Individual evidence
- ↑ Legal security for patients - draft for the amendment of the PsychKG press release of the Ministry of Labor, Equality and Social Affairs, February 23, 2016
- ↑ Federal Constitutional Court, decision of July 19, 2017, Az. 2 BvR 2003/14
