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Finally, coercive psychiatry can be put to a stop in Germany |
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Written by Administrator
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Friday, 19 June 2009 08:32 |
Finally, coercive psychiatry can be
put to a stop!
In Germany a new advance directive („PatVerfue“) makes it possible
Berlin, 18/6/2009
After years of discussion, today a new law on the legal rules for
advance directives has finally been adopted by the German parliament.
The legislature has clearly and with votes from all political parties
agreed to make valid the will of the
patient and by doing so also
the self-determination in any situation against any medical and state
paternalism, regardless of the type and stage of an illness.
The time finally belongs to the past that others - doctors and judges -
define what the supposedly "objective" best interests of a person are
and what should be undertaken or refrained from, against his/her
declared will, with regard to these supposedly "objective" best
interests of a person! This will have far-reaching effects with regard
to court ordered guardianship: For the first time there is the chance
that guardianship may no longer be enforced against the wishes and
needs of the person in question and thus guardianship now has the
potential to
be transformed into a service that is loyal to the person in question.
The patient‘s will is now to be regarded as being legally binding in
medical decisions, as already promised in the constitution of the
Federal Republic of Germany and for over 60 years in the Universal
Declaration of Human Rights.
Each case of "medical" treatment against the written and actual will of
a "patient" thereby becomes bodily
assault and incarceration in
a locked ward becomes deprivation of liberty.
On this occasion we would therefore like to make known our specific
form of an advance directive, the PatVerfue,
with a built-in representation agreement, in which any torture-like
bodily harm in the form of
unwanted psychiatric treatment and any deprivation of liberty
whatsoever due to a slanderous pseudo-medical psychiatric diagnosis is
legally binding excluded. The associations publishing this form have
joined forces to help
this
parliament´s promise to be accepted in the judiciary. It is this
promise
with which the validity of basic, civil and human rights for all, also
for the psychiatrically slandered, hopefully becomes reality. By
supporting and encouraging all those with a PatVerfue who would
nevertheless be incarcerated and endure coercive treatment and/or
are
threatened with these acts, to create precedents at all judicial levels
Germany, it is our aim to make the PatVerfue „watertight“
in the
courts. Our aim is that in the future all judges be made to
adhere to this new law, to accept the patient‘s will without
restrictions and to implement it with their decisions.
Our proposed form of an advance directive prohibits all psychiatric
diagnoses from the outset. We do not believe in the existence of these
so-called "mental illnesses", because there is no objective criteria to
prove
them. The PatVerfue
thus ensures the self determination of the person
against psychiatrists trying to deny his or her free will, by
claiming that they have an illness-incurred lack of „insight or the
ability to behave in the light of this insight ".
Today is for us a day of joy!
The rigid implementation of this law would mean the end of forced
psychiatry in Germany.
An illogical fact remains, however, in that psychiatric diagnoses and
treatment against the declared will of a person can only be staved off
by a PatVerfue
and - to the contrary - is not excluded at all.
Actually, each psychiatric - just as with any medical - treatment
should only
be
made with the "informed consent" of the individual, i.e. it is
explicitly
a g r e e d to by the person after extensive consultation
on the
pros and cons thereof.
Thus, with the entry into force of the law, unfortunately a prior
legally binding refusal of psychiatric coercive measures is only
possible for those who already know that a
PatVerfue is a loophole
to
prevent coercive psychiatry.
This is therefore the right occasion for a broad information campaign
to make the PatVerfue
public, so that increased use widens the loophole into a "door out
of coercive psychiatry".
At www.PatVerfue.de
information and
the
appropriate form is now free to download for noncommercial users.
Publisher of the PatVerfue: Bundesarbeitsgemeinschaft
Psychiatrie-Erfahrener: die-bpe.de,
Irren-Offensive: antipsychiatrie.de,
Landesverband Psychiatrie-Erfahrener Berlin-Brandenburg: psychiatrie-erfahren.de,
Landesverband Psychiatrie-Erfahrener NRW:
To celebrate this day of joy, the Werner-Fuss-Center publicly invites
everybody to a
barbecue at 8 p.m. today on the kleinen
Bunkerberg in the Volkspark in
Friedrichshain in Berlin. Please bring something with to celebrate.
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