Annual Report 2013
enterprises and the nation to protect the human rights of children and
youth.
F. Opinion on the Whole Revision Draft of the Mental Health Act
On May 23, 2013, the Ministry of Health and Welfare made a
pre-announcement of legislation for the whole revision draft of the
Mental Health Act. The NHRCK reviewed the draft, and expressed its
opinion on July 2, 2013.
The Commission expressed its opinion on the hospitalization procedure
of the draft, mentioning that the following two points should be
included in the draft. First, those patients who are hospitalized at the
request of the heads of local governments are hospitalized for less than
two weeks, and they are reviewed to see if they continuously need
hospitalization every three months. The Commission asserted that the
same hospitalization period and review of the need of continuous
hospitalization should apply to those patients who are hospitalized at
the request of their guardians. Second, it is needed to ensure a due
process for the restriction of the freedom of the person. As such, when
extension application of hospitalization is applied more than three
times, the regional mental health review committee should replace the
local mental health review committee in screening the application.
The Commission expressed an additional opinion with the following
points. First, in case those patients who were hospitalized at the
request of the heads of local governments do not have their guardians,
the heads of local governments should support their rehabilitation and
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II. Major Activities of the Commission