정신장애인의 인권보호를 위한 강박조치의 법적 정당성 확보 필요성

Abstract

Everyone enjoys freedom. Freedom here is manifested in various forms including freedom of decision, freedom of body, freedom of movement. And no one is infringed by the essential freedom without clear legal basis. In addition, people with mental disabilities are socially vulnerable and must receive special protection by law. Nevertheless, persons with mental disabilities are subjected to obsessive measures for the purpose of treatment or protection in the care facilities, and procedural justification is not secured. Obsessive measures should be implemented to the minimum extent possible, and ultimately it should be eradicated. Therefore, it is necessary to concentrate on education and publicity to improve the wrong social perception of the mentally handicapped, and to improve the mental health policy and improve the overall treatment environment. And ultimately, it will be necessary for stakeholders to cooperate with the public to adopt the public nature of mental health policy in the community, to expand the infrastructure of community mental health and to improve accessibility. Especially, open - minded outpatient treatment should be activated rather than limited hospitalization based on current medical facilities. In addition, it is necessary to research and develop an alternative program for obsessive measures along with a survey on actual cases of human rights violations. Substantial improvement is necessary due to the continued interest of national institutions such as the NHRCK and the Ministry of Health and Welfare.