The first and most important goal of any reform effort in psychiatry must be the unconditional* abolition of the special psychiatric laws. Through them is legalized and thus only made possible:psychiatric forced incarceration
psychiatric forced treatment
incapacitation, which is misleadingly called „care“ because it can be imposed by the courts against the declared will
a special criminal law with an unlimited sentence and compulsory psychiatric treatment in the so-called „forensic“ hospital
Imprisonment in a closed ward of a psychiatric hospital and psychiatric forced treatment may exist if, and only if, this is to be tolerated was previously stipulated in a living will signed with free will, i.e. a corresponding treatment fulfills and does not break the will of the affected person.
We call on the governments and parliaments of the states and the federation in Germany to implement the appropriate legislative procedures now, in order to guarantee finally the human rights in such a way, as they are valid since 1948 and are spelled out by the ratified UN Disability Rights Convention since 2009.
We call on both institutions to present our demand now to the federal German legislators in such a way that the UN CRPD is not further a perversion of justice, but is finally fulfilled in a timely manner.
Immediately it must be ensured by a new legal regulation or a new law that all reject the psychiatric examination, diagnosis and treatment, documented in a before put down patient order (e.g. of the type PatVerfü ® ), in all psychiatric hospitals in the FRG unconditionally the right have to leave these at any time and/or if necessary, if no assistance at all is inquired, not at all to be taken up **.
We would like to point out that since March 2022 also a substantial part of the psychiatry, the German society for social psychiatry (DGSP) demands to abolish our fourth point above, the psychiatric special criminal law by the §§ 20, 21, 63 and 64 (forensic psychiatry).
* Unconditionally, because human rights are indivisible. It would be absurd to make e.g. freedom from torture dependent on any conditions.
** This has even the DGPPN President (2019-2020) Prof. Andreas Heinz publicly in the Legal Committee of the Bundestag demanded (see: Protokolll: https://tinyurl.com/mtp4abfs), and the DGPPN President (2021-2022) Prof. Thomas Pollmächer, quote: To the author, such a hospital accommodation also appears incompatible with the UN Convention on the Rights of Persons with Disabilities, which in Art. 14 prohibits a deprivation of liberty due to a disability (and thus also due to a mental illness) (see https://tinyurl.com/yy7ad4zd ). To our knowledge they did however nothing appropriate, therefore must become now finally the legislator immediately active
This press release is a resolution of the general meeting of the BPE on 8.10.2022 and the general meeting of die-BPE on 18.10.2022