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Germany: Restraining psychiatric patients requires court order

Discussion in 'Health News and Research unrelated to ME/CFS' started by MSEsperanza, Jul 25, 2018.

  1. MSEsperanza

    MSEsperanza Senior Member (Voting Rights)

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    Nellie, Inara, Pechius and 7 others like this.
  2. adambeyoncelowe

    adambeyoncelowe Senior Member (Voting Rights)

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  3. Amw66

    Amw66 Senior Member (Voting Rights)

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    Sad contrast to where the direction things are taking in UK
     
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  4. adambeyoncelowe

    adambeyoncelowe Senior Member (Voting Rights)

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    I wonder if the rest of the EU will follow suit? Too bad it won't matter for the rest of us, any more.
     
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  5. Inara

    Inara Senior Member (Voting Rights)

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    I have to say Germany is NOT taking a better direction.

    The Constitutional Court indeed says forced fixation restricts the basic right of freedom. But until June 30th 2019 the states are allowed to continue with it. The Baden-Wuerttemberg and the Bavarian legislature are obliged to bring about a constitutional state by 30 June 2019 (which means the following: "To ensure the protection of those affected by a custodial attachment, a daily judicial on-call duty is required covering the period from 6:00 to 21:00." I.e. a judge can direct the fixation. Which is common practice.)

    See the verdict: https://www.bundesverfassungsgerich...idungen/DE/2018/07/rs20180724_2bvr030915.html

    So the court says it's against the constitution, but Germany can (and will) continue with it.

    I fear this will be sold as a success of human rights and "democracy" when in fact, it's not.
     
    Last edited: Jul 25, 2018
  6. Inara

    Inara Senior Member (Voting Rights)

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    If UK decides to make fixation possible without a judge's verdict, indeed, one could go to the European Court (edit: I think).
     
    Last edited: Jul 25, 2018
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  7. Amw66

    Amw66 Senior Member (Voting Rights)

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    Until March 2019..
     
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  8. Inara

    Inara Senior Member (Voting Rights)

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    I don't understand?
     
  9. Amw66

    Amw66 Senior Member (Voting Rights)

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    UK leaves EU in March 2019 - looking more likely to be crashing out without any deals, so likely no / limited EU Court jurisdiction
     
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  10. adambeyoncelowe

    adambeyoncelowe Senior Member (Voting Rights)

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    Yeah, we'll all be buggered. Not that the government ever listens to the courts anyway these days. The DWP does what it wants.
     
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  11. Luther Blissett

    Luther Blissett Senior Member (Voting Rights)

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    The European Court of Human Rights is not affected by Brexit?
     
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  12. MSEsperanza

    MSEsperanza Senior Member (Voting Rights)

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    I think that's right, because the Council of Europe is not identical with the Council of the EU:

    wikipedia:
    "Unlike the EU, the Council of Europe cannot make binding laws, but it does have the power to enforce select international agreements reached by European states on various topics. The best known body of the Council of Europe is the European Court of Human Rights, which enforces the European Convention on Human Rights."
     
    Last edited: Jul 26, 2018
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  13. adambeyoncelowe

    adambeyoncelowe Senior Member (Voting Rights)

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    I think I remember this. Leave voters wanted to get rid of the ECHR for protecting terrorists etc, but it wasn't going to be affected by the vote anyway.
     
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