riesgo de exclusión social
OE 2: Fomentar la práctica de la actividad física y el deporte
and psychiatric treatment, people who cannot accept voluntary treatment are abandoned to the consequences of their illness. Untreated ... these illnesses can cause great personal suffering including despair to the point that people, for no reason apparent to others, kill themselves to escape the torment of feelings of
worthlessness or because a voice
(hallucination) commands them to.”60
Severe mental illnesses may affect personal insight to the degree that individuals are unable to recognize how seriously ill they are and voluntarily seek help, or even to accept help when it is offered. Mental health laws have been put in place to address situations in which an untreated mental illness is likely to cause significant harm to the person or others. These laws are only effective if there is effective service available to treat the individual involved, however.
While mental health laws are specific to each province and territory, they revolve around the
following common societal values:61
• The need to provide protection and
assistance to those who, through no fault of their own, cannot assist themselves; • The need to protect other members of
society from the conduct of those whose
mental illness overrules their capacity for self-control;
• The need for individuals in a civilized democratic society to be as unfettered as possible by legal intrusions.
The balance accorded to each value changes over time. In the past, greater emphasis has been placed on ensuring that people are not kept in hospital against their will. This has the potential to leave seriously ill people without treatment, however.
Recent changes to mental health acts are redressing this imbalance. Innovative
practices—such as encouraging an individual to write explicit instructions about the treatment that he or she would like to receive if too ill to decide at a specific time—keep the individual rights at the forefront of substitute decision- making.
The mental disorder sections of the federal Criminal Code can be used by a judge to require a person who is found unfit to stand trial to receive compulsory psychiatric treatment. This requires, however, that adequate resources be available within the forensic hospital setting in order to receive the individual from the prison setting. Other parts of the Criminal Code that address conditional discharge or probation can encourage but not force psychiatric treatment.
Endnotes
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