| 摘要註: |
精神疾病患者的照護上,是包含有就醫、就養、就學、就業四個層面,而面對嚴重患者的必要措施上,依法得以強制住院,但過程與憲法第八條的保障人身自由是否牴觸,患者的人權維護是否也應受到的公平重視。參考大法官釋字第690號,任何行政機關對人身自由所為之限制均應具備法律依據,且其規定均應符合法治國原則的要求。再者,根據憲法第八條第一項、第四項,可推論出其他行政機關限制人身自由之限制亦受制於「法官保留」之要求。縱使國家處於非常時期,人身自由之保障應為憲法保留不宜以法律限縮是以傳染病防治法之強制隔離,經大法官釋字第690號對人身自由之限縮認為合憲,精神衛生法對精神病人強制住院之處預亦採憲法第二十三條法律保留之見解,本研究認為其不可。最後,本研究建議可以設立醫事專業法庭,因強制住院涉及人身自由之保障,只要將審查會納入法官審理就符合憲法精神,建立證照制度,由司法院核發,是因應未來社會分工複雜化,法官亦應日趨專業,亦較能符合社會之期待。 On mental disorder care, there are four dimensions about medical, life, education and working. The medical service will accord the process of compulsory admission when mental patients in critical condition. However, compulsory admission of personal liberty and human right is inconsistent with Article VIII of the Constitution.Justice character reference release No.690, any executive to limit personal freedom by whom should have a legal basis, and its provisions should be consistent with the requirements of the principle of the rule of law. Furthermore, according to Article VIII of the Constitution of the first, fourth, other administrative authorities may infer restrictions also limit the personal freedom of the subject, "the judge reserved" Request. Even if countries are to protect the very period, personal freedom should be reserved for the Constitution should not be reduced to the legal limit is forced isolation Communicable Disease Prevention Law, the judge release No.690 word limit personal freedom to shrink considered the constitutionality of the Mental Health Act compulsory hospitalization of mental patients at the pre-Article 23 of the Constitution also taken legal reservation of opinion, this study suggests that it is not.Finally, the present study suggests that a special tribunal be established medical, compulsory hospitalization due to security involving personal freedom, as long as the review will be included in a judge on the constitutionality of the spirit, the establishment license system, issued by the Judicial Yuan, is in response to the future of social division of labor complex, judge It should also become increasingly professional, able to meet expectations of the community. |