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September 15- The NHRCK stated that the incident in which a mental hospital in North Jeolla Province hospitalized a patient without medical consultation was an act of human rights violation. The hospital neither received a hospitalization agreement from the patient nor set up proper arrangements, which include a consultation with a mental specialist.
In this regard, the NHRCK recommended that the director of the mental hospital prepare preventive measures against the recurrence of such incident and that the staff of the hospital receive human rights education through the NHRCK.
A complainant, identified as Mr.B, stated in his complaint filed on July 22, “The hospitalization procedure was truly improper.”
On the request of the complainant’s family, the hospital transferred him from Jeju Island on May 19 and hospitalized him on the following day. During this procedure, no consultation with a mental specialist took place and the hospitalization agreement was made two days after the complainant’s being hospitalized.
In the case when the hospitalization is initiated by patients’ guardians, Article 24 of Mental Health Act stipulates that “A mental specialist shall examine the patient and if hospitalization is needed, the head of a mental institute decides on the appropriateness of the hospitalization of the patient.”
In this respect, the hospitalization of the patient without a consultation with a mental specialist is in violation of Article 24 of the Mental Health Act, Paragraph 1(1) and personal freedom that Article 12 of the Constitution assures. Also, making the hospitalization agreement two days after being hospitalized violates Article 24, Paragraph 2 of the Mental Health Act.
According to the “Fact-finding Investigation on Human Rights of Persons with Mental Disability,” a report published by the NHRCK, 82.5% of patients in mental hospitals, mental nursing facilities and facilities for rehabilitation are being hospitalized involuntarily by guardians, provincial governors, police officers, etc.
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