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  • Title: [The "accommodation" of aging and older psychiatric patients - legal and psychiatric aspects].
    Author: Möllhoff G.
    Journal: Z Gerontol; 1981; 14(6):416-29. PubMed ID: 7324519.
    Abstract:
    In the articles 2, 19 and 97 GG the "Human Rights" and the "Human Dignity" are designed by the paramount constitutional law to be important guidelines for public activities. From these conceptions derives the implementation in the individual Federal States, which carry out the "Laws regarding the legal procedure for the deprivation of liberty" (1956) as well as the "Accomodation Laws". It differs in many administrative details, in its basic structure it is, however binding. Careful consideration of a case according to the Proportional Principles (Right of the Individual-Claim of the society for protection and security) on the one hand and legal control in all stages of the proceeding on the other hand are thereby safeguarded. First such important conceptions as "mental disease, mental weakness, threat, addiction, neglect, public nuisance, indecent assault" are discussed in line with the highest jurisdiction. The medical and legal limitations of the accomodation criteria for the old and ageing are presented. Advantages and disadvantages of the medically-centered regulations of accomodation, diagnosis, therapy, temporary leave and discharge of patients are explained; foreign experience is taken into account.
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