Introduction to draft a new Mental Health Act
Explanatory note
In 1944, Act 141 number for the year 1944 on reservations with mental illnesses and in that time had not been discovered after remedies effective and which became available during the last four decades and then was in the calculus the legislature to keep these patients in the facilities psychological prolonged and indefinite.
Has dealt with the law mentioned in most of its materials to patients who are detained against their will within the licensed facilities to do so, and limited scope of application of this law on the facilities that allow for this type of mandatory detention, leaving the majority of the larger facilities psychological without subjecting its provisions, and thus did not address the law in a satisfactory manner for admissions involuntary, which constitute most of the entry in the facilities psychological, which results in lack of subjecting patients to tighten the reservation compulsory prescribed by this law in order to avoid the burdens and obligations established in this situation, which gave the opportunity to force the patients or their relatives to sign the request to enter voluntary treatment at the hospital without the Edit the necessary forms for entering involuntarily.
The money the legislature to put the interests of society on the patient's interest reserved as did not specify the terms and timing of specific reserve of these patients did not develop mechanisms to review decisions of custody in times of regular, also gave this law guardian from their parents Authority exaggerated to make decisions on behalf of the patient, including entry to the hospital and out of them which led to the emergence of situations where the exploitation of patients by their relatives.
It is noted that the Act has established a central council alone to monitor the booking of patients with mental illness in all parts of the country of Egypt, which gave a heavy burden on this Council, especially with the increase in the number of patients, forced psychiatric facilities.
As a result of what has already suffered psychiatric patients than the length of the period of detention facilities by the reluctance of families in the community to accept them again as I use this outdated law terminology in dealing with psychiatric patients (such as arrest - release) and no law regulates the provisions that ensure the protection of the rights of patients , did not address the face of defendants with mental illness in determining responsibility for criminal charges against them, leaving it to the criminal laws which did not address the technical aspects of such cases.
It goes without saying that recent decades have witnessed great development in the concept of human rights in general and the rights of psychiatric patients in particular, which invited the General Assembly of the United Nations to issue Resolution No. 46/19 dated 17.12.1991, stressing the auspices of the rights of the patient's psychological and putting the principles and concepts that entrench such rights has been issued this unanimous decision of Member States, including the Arab Republic of Egypt.
Also saw psychiatry major development if available therapeutic means allow multiple treating these patients and their recovery in the short-term, also changed the concept of psychotherapy to become the primary objective of treating the patient and returned to the community to live a productive life, not his estrangement and isolation from society and placed in facilities for long periods as is the case in under the law No. 141 referred to and thus arose the need to amend the Act to keep pace with the times and the spirit of scientific development and the importance of the concept of human rights.
Has taken into account before the bill to be comprehensive mental health in general and not living with the scourge of mental reservation but also included a draft law to extend scope of its application to all enterprises psychological and included all patients who receive this treatment facilities, whether entering it voluntarily or mandatory.
It should be noted that the draft law introduced the establishment of a National Council for Mental Health followed by local councils in all provinces where there were facilities for mental health and make the chairs of those boards to the members of judicial bodies in order to ensure the rights of psychiatric patients also stressed the draft law concerning the establishment of procedures accurate entry of patients and treatment against their will and has introduced a draft law is a system of psychological assessment independent in all cases to enter mandatory in order to ensure the rights of patients bill also set out specific terms for the survival of these patients under such restrictive measures of freedom, required the return of such procedures on a regular basis in case of termination of the periods set forth in the bill, as This distinction between law and treatment of involuntary entry compulsory and make each its own procedures.
The balance between this law respect the rights of the mentally ill while they are subject to the entry procedures, or mandatory treatment and ensure the provision of appropriate treatment and the required speed. And sponsor of the law in that regard, the small number of psychiatrists Arab Republic of Egypt and allowed the doctor; in the event that the Board of Mental Health to provide independent evaluation in the periods prescribed in accordance with this Act; to extend login or mandatory treatment for a sufficient period to ensure that only causes a shortage of psychiatrists to missed opportunities for patients to receive treatment in a timely manner while respecting their rights with regard to the determination extended the compulsory treatment.
Also introduced the bill a new system called "command-treatment" which means to impose treatment on patients who had previously been subjected to procedures for entry and compulsory treatment order to treat patients community among their families and in the circumstances contributing to the speed of recovery and reintegration in the community, thereby reducing the burden on enterprises psychological crowded patients who have been on the presence of more than two or three.
Also introduced a bill to provide for the establishment of a fund for mental health to contribute to the development and support of treatment of psychiatric patients and to provide financial independence for the mental health boards entrusted with the care of human psychiatric patients and this fund is funded from multiple sources as described the draft law.
A draft law organized special attention to the rights of psychiatric patients in accordance with United Nations resolutions, signed by Egypt and the development of criminal penalties for violations of these rights has been addressed by the draft law, in particular the patient's right to participate in treatment by giving him the right to choose between various means to treat it, as long as allowed condition is so , also gave the bill of particular importance the patient's right to confidential medical file and ensured that certain guarantees with respect to certain types of treatments (such as treatment, electrolysis), and the development of specific controls adhere to treatment team in the case of asylum to restrict patients to physical or isolation in private rooms in line with the standardsrecognized scientific and human dignity for patients.
This law includes seven sections:
Part I:
And the scope of application of the provisions of this law, which extend to all the mental facilities of this section also includes a set of tariffs that repeated use of materials and texts of the draft law, the purpose of illustration and facilitation.
Part II:
It consists of two chapters, Chapter I: The establishment of a special National Council for Mental Health and the terms of reference and scope of his authority, and Chapter II: the establishment of local councils of Mental Health and terms of reference and scope of its powers.
Part III:
It is divided into three chapters: Chapter I: deals with admissions and involuntary Chapter II: admissions and compulsory Chapter III: of placement decisions or judgments.
Part IV:
And the treatment of patients, whether voluntarily or mandatory standards and also includes requirements for the application of plans and orders for treatment.
Part V:
And include the rights of psychiatric patients, including ways of complaint and petition by patients or their relatives or their agents.
Part VI:
Deals with the establishment of a fund for mental health and sources of funding and how to exchange it.
Title VII:
And contains penalties for violation of the provisions of the law. And contains penalties for violation of the provisions of the law.
And has the honor and the Minister of Health introduced a draft law to annex the People's Assembly to consider for adoption.
Minister of Health and Population
A. D / Hatem mountain
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