Research On Achievement Of Medical Autonomy For Persons With Mental Disorders

Patient’s right of autonomy is a right to be respected in current medical guidance-cooperative and participatory medical clinic model which full of humane care.Common patients and mental disorders all should enjoy the right of medical autonomy. Not optimistic that the current position of people with mental disorders persists errors, a lot of people consider that mental disorders don’t have medical autonomy. China’s "Mental Health Act" which was promulgated in 2013 have slight flaws in protection of medical autonomy.On the macro level, for the first time provides for the protection of human dignity and personal freedom with mental disorders, and certainly mental disorders have health autonomy. At the micro level, comparing some specific "Mental Health Act" provisions with international human rights standards, the "Mental Health Act" provisions not only dwarfs with the relevant provisions of international human rights protection concept, but contrary to the original intention of mental health legislation, to a certain extent in disguise deprived of medical autonomy of people with mental disorders. In order to promote the development of mental disorders’ medical autonomy with some effective measures,drawing on the useful experience of international and developed countries on China’s mental health disorders construction and related measures proposed autonomy system ideas and proposals. This article will be divided into four parts:The first part is the overview of mental disorders’medical autonomy. In terms of the origin, development, and the nature of the right of autonomy to conduct a basic introduction of he medical autonomy. Then the author describe the right to health and informed consent to clarify the confuse of the concept of medical autonomy.The second part is the study of theoretical issues of mental disorders’ medical autonomy.The author discussed from five aspects to prove the existence of mental disorders’ reasonableness of medical autonomy,including human dignity, human rights to equal protection infringement of personal freedom, distinctive capacity, utilitarian and moral theory.Meanwhile, mental disorders’ medical autonomy should be restricted by the principle of no harm, patient welfare, "minimal restrictions." and justice.The third part is the review of the domestic and international mechanisms of patient’s medical autonomy. Through the comparative analysis of International human rights law,there are still many shortcomings in "Mental Health Law"to protect the autonomy of the patient care,such as guardian discretion too large, loose condition of involuntary hospitalization, patient participation model is not in place and the right to autonomy inadequate relief.The fourth part focuses on some ideas of the improvement of the implementation mechanism of mental disorders’ medical autonomy.Through the establishment of the protection of human system to change the existing chaos of guardian system facilitating access to patients’ decision-making autonomy and medical assistance; Patients’ decision-making should be divided into three levels according to the different degrees of patient’s decision-making ability,including autonomous decision-making,supportive decision-making and substitute decision-making.Also,we need to take deinstitutionalized treatment to improve the conditions of patients’ autonomy.