Competence - when you lose your rights?
The need for humane treatment of the mentally ill people and a legal solution to all issues related to their rights and obligations recognized in ancient times.But the first issue of the rights of patients at the state level rose only in the 19th century, when France got the first piece of legislation protecting the rights and interests of the mentally ill.
legal capacity of citizens
legal capacity - is the presence of civil rights and obligations, which, in accordance with the law given to man at birth for life regardless of the state of his health.Civil rights give people the opportunity to make different decisions and carry out activities in the private and public life, adhering to the laws of that country.
But in some cases the person by virtue of their health can not take any decisions and implement actions, then there is the question of depriving it of such a possibility, it is a question of how the person has capacity.Competence - the ability of a citizen to carry out activities in accordance with its legal capacity.Only capacity may endow human rights and to impose on him any obligation.It involves awareness and correct assessment of human actions committed by them from the point of view of the laws of the country, and it depends on the mental maturity of the citizen.Full capacity comes after the person of age, it is believed that a person reaches the age of mental maturity and becomes the experience, which allows a mentally healthy person to make the right decisions and all actions.
How and why a mentally ill person can be deprived of legal capacity
Mentally ill person has both the legal capacity and capacity to act, and can not be limited to them on the grounds that he is on a dispensary or treated in a psychiatric hospitalabout mental illness Mental illness - ashamed to ask for help? .
But if by virtue of his status, he can not make decisions and take responsibility for their actions, it raises the question of deprivation of legal capacity.This decision is made only by the court on the basis of a forensic psychiatric examination.
To Court declared mentally ill person must be incapacitated combination with a legal medical criteria, the question is, whether these criteria in this particular patient, responsible forensic psychiatric examination.
forensic psychiatric examination
forensic psychiatric examination is conducted by the decision of the law enforcement bodies.It can be conducted on an outpatient basis or in hospital.The basis for the purpose of examination is doubt as to the usefulness of mental citizen.
Mental illness can lead to impotence patient's inability to cater for themselves, the lack of a critical attitude to himself and his environment.Such a person can not perform their duties, their civil rights, to evaluate their actions.Rate the existence and extent of such changes in a person can only psychiatrist in the forensic psychiatric examination.
The task of the forensic psychiatric examination included the definition of mental health (absence or presence of chronic mental illness, temporary disturbances of mental activity, dementia or another disease state - medical criterion), and the severity of the violation (saved or lack the ability to realize theiractions or control them - a legal criterion).The combination of these two criteria is the basis for an opinion on disability.
correctness of any expert solutions is of great social importance.The medical officer shall be an active advocate of the legitimate interests of their patients and the public interest, he bears full legal responsibility for knowingly false expert opinion.This is necessary because the decision on incapacity completely changes the social status of the patient.
forensic psychiatric examination conducted forensic permanent commissions, available as part of neuropsychiatric dispensaries.In some cases, when the Commission encountered difficulties in the correct diagnosis, forensic investigative authorities patient is sent for examination to the Institute of General and Forensic Psychiatry.VPSerbian, which establishes the definitive diagnosis and determines the severity of the mental illness.
That court decides
Court on the basis of the forensic psychiatric examination and decide whether a mentally ill person capacity, given that the independent exercise of their rights of patients may cause him or others and serious damage to the only recognition of his incapacity andthe timely appointment of a guardian able to protect the interests of both the patient and others.
If the court denies the patient's disability, he loses the right to take any decision and to take any action, and the transactions contemplated by the legislation.An incapacitated person may be subjected to a psychiatric examination, treatment or referral to a mental boarding without their consent.Without his consent to it can be dissolved marriage, his children can convey to the orphanage or to adopt, and so on.
order for the civil rights of the patient are met, the court shall appoint a guardian.While improving the mental condition of the patient as possible through the courts to restore its viability and removal of guardianship.