Germany: Restraining psychiatric patients requires court order

Germany: Restraining psychiatric patients requires court order

https://www.dw.com/en/germany-restraining-psychiatric-patients-requires-court-order/a-44809053

 

That's good!

 

Sad contrast to where the direction things are taking in UK

 

I wonder if the rest of the EU will follow suit? Too bad it won't matter for the rest of us, any more.

 

I have to say Germany is NOT taking a better direction.

The Constitutional Court indeed says forced fixation restricts the basic right of freedom. But until June 30th 2019 the states are allowed to continue with it. The Baden-Wuerttemberg and the Bavarian legislature are obliged to bring about a constitutional state by 30 June 2019 (which means the following: "To ensure the protection of those affected by a custodial attachment, a daily judicial on-call duty is required covering the period from 6:00 to 21:00." I.e. a judge can direct the fixation. Which is common practice.)

See the verdict: https://www.bundesverfassungsgerich...idungen/DE/2018/07/rs20180724_2bvr030915.html

So the court says it's against the constitution, but Germany can (and will) continue with it.

I fear this will be sold as a success of human rights and "democracy" when in fact, it's not.

 

If UK decides to make fixation possible without a judge's verdict, indeed, one could go to the European Court (edit: I think).

 

Until March 2019..

 

I don't understand?

 

UK leaves EU in March 2019 - looking more likely to be crashing out without any deals, so likely no / limited EU Court jurisdiction

 

Yeah, we'll all be buggered. Not that the government ever listens to the courts anyway these days. The DWP does what it wants.

 

The European Court of Human Rights is not affected by Brexit?

 

I think that's right, because the Council of Europe is not identical with the Council of the EU:

wikipedia:
"Unlike the EU, the Council of Europe cannot make binding laws, but it does have the power to enforce select international agreements reached by European states on various topics. The best known body of the Council of Europe is the European Court of Human Rights, which enforces the European Convention on Human Rights."

 

I think I remember this. Leave voters wanted to get rid of the ECHR for protecting terrorists etc, but it wasn't going to be affected by the vote anyway.