Uwagi de lege lata i de lege ferenda na tle projektu ustawy o zmianie ustawy o ochronie zdrowia psychicznego (nr z wykazu prac legislacyjnych UD 444)
De lege lata and de lege ferenda remarks against the background of the draft law on amendments to the Law on Mental Health Care (legislative work list number UD 444)
Author(s): AGNIESZKA WOJCIESZAK-JOHNSubject(s): Law, Constitution, Jurisprudence
Published by: Uniwersytet Opolski
Keywords: mental disorders; mental health care; mental disorder patient; health care benefits; direct coercion
Summary/Abstract: This article synthesizes the legal doubts that arise against the background of the draft law on amendments to the Law on Mental Health Protection. The considerations undertaken by the author focus on the proposed changes in psychiatric terminology, the premises for the use of direct coercive measures and the procedure for the use of direct coercive measures. The author analyzes the assumptions of the draft amendments to the Law on Mental HealthProtection from the point of view of the situation of patients with mental disorders. Due to the nature of the proposed solutions, as well as criticism of the current law, the author enters into a polemic with the position presented by the authors of the project and proposes de lege ferenda postulates. The entire discussion is crowned with a conclusion, in which attention is drawn to the lack of linguistic precision on the part of the drafters. This may contribute to a restriction of the rights and freedoms of patients with mental disorders.
Journal: Opolskie Studia Administracyjno-Prawne
- Issue Year: 21/2023
- Issue No: 2
- Page Range: 223-239
- Page Count: 18
- Language: Polish