论精神障碍患者强制医疗中的最小限制原则

The least restrictive principle in compulsory treatment of mental disorders patients

最小限制原则作为英美法中的一项宪法原则,强调政府对个人权利的干预或限制应选择侵害程度最小或限制性最小的手段。具体到对精神障碍患者的非自愿治疗,则要求只有在没有其他限制性更小的替代措施时,方可对患者采取非自愿治疗,并确保患者能够在最小限制的环境下接受治疗。作为《保护精神病患者和改善精神保健的原则》所认可的一项基本原则,最小限制原则对我国精神医疗同样具有重要意义,应将该原则作为精神障碍患者非自愿入院和治疗的基本准则。

As a constitutional principle of the common law,the least restrictive principle emphasizes that the management of individual rights against interference or restrictions should be selected with minimal or least restrictive means. As long as there are no other least restrictive alternative measures taken for a compulsory treatment of mental disorders patients,every patient with specific to metal disorder shall have the right to be treated in the least restrictive environment and with the least restrictive or intrusive treatment appropriate to his / her health needs. As a basic principle recognized by MI principles,the least restrictive principle is very important to our mental health system,and should be taken as fundamental for the instinctive admission and treatment.