Published: 2023-12-13

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)

Agnieszka Wojcieszak - John
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.5180

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 Health Protection 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 undertakes 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 the Author draws attention to the lack of linguistic precision on the part of the drafters, which may contribute to the restriction of the rights and freedoms of patients with mental disorders.

Keywords:

mental disorders, mental health care, mental disorder patient, health care benefits, direct coercion

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Citation rules

Wojcieszak - John, A. (2023). 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). The Opole Studies in Administration and Law, 21(2), 223–239. https://doi.org/10.25167/osap.5180
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