On 1 December, the Federal Constitutional Court, based again on the question of interference with the personal status:
It concerned the question whether assessments or psychotherapy from social services or by the family courts may be ordered.
result: A Child Protection Services or Family Court may not provide expert advice, "prescribe" or psychotherapy. Such an arrangement lacks the absolutely necessary legal basis and therefore violates the fundamental rights of those affected.
The Federal Constitutional Court has therefore Decision of the Appellate Court Frankfurt for "compulsory treatment" of a parent repealed and declared to be unconstitutional.
lawyer Thomas Saschenbrecker , Karlsruhe-Ettlingen, specializing in family and guardianship law, and > Karen Petroschka , Darmstadt, Germany specializes on family and medical malpractice law, the constitutional complaint have done as Agents for an affected mother.
the Constitutional Court re-emphasized this fact:
interference with the personal rights by means of advice or arrangements for the conduct of psychotherapy require a statutory basis.
paragraph 14 of the Judgement.
"aa) of Article 2 paragraph 1 GG guarantees in conjunction with Article 1 paragraph 1 GG the general right, this law protects the following from the idea of self-determination right of the individual to decide in principle itself be revealed when and within what limits personal life issues (see BVerfGE 65, 1, 80, 367). This also includes protection against the collection and dissemination of findings on the health status, mental condition and the character of the individual (see BVerfGE 32, 373 \u0026lt;378 et seq, 44, 353 \u0026lt;372 f.>, 65, 1 \u0026lt;41 f.>, 78, 77 \u0026lt;84>, 84, 192 \u0026lt;194f>, 89, 69 \u0026lt;82>). The protection is all the more intense the closer the data of the privacy of the affected persons, which claimed as sacrosanct areas of private life against all the state's respect for and protection (cf. BVerfGE 32, 373 \u0026lt;378 f.>, 65, 1 \u0026lt; 45 f.>;. 89, 69 \u0026lt;82 f.>) "A psychotherapy, and medical or psychological assessments affect the most personal and constitutionally protected private life and take it out in the Basic Law Article 2 and Article 1 of the Basic Law Reviews
For instance, the Constitutional Court under paragraph. 15 states:
is despite the specific form of psychotherapy used their objective is, through the interaction with the therapist to change personal behavior and / or certain personality structures to reduce mental illness or suffering or to resolve. Such treatment often requires a constant analysis of the mental state and personal attitudes of the patient by the therapist and the patient in turn requires a thorough discussion with yourself, you actually get to the very personal, by Article 2 para 1 in conjunction with Article 1 para 1 GG protected Life of the person concerned. This also includes the will and the decision of not doing individual to a psychotherapeutic influence to submit to your own personality or that.
Links:
Judgement of the Federal Constitutional Court: Constitutional Court, 1 BvR 1572/10 of 12/01/2010, paragraphs No.. (1 - 27), > http://www.bverfg.de/entscheidungen/rk20101201_1bvr157210.html
RA Saschenbrecker on Zwangspsychiatrisierung in Mona Lisa (ZDF):
Mona Lisa: > "Life in a legal space "
article by RA Saschenbrecker and René Talbot: Like the enduring power of attorney
> self-determination can ensure comprehensive - delegate by power of attorney and parental rights - a comparison
Comment by RA Saschenbrecker to
> OLG Celle verdict against compulsory treatment: a fantastic victory for the fundamental rights:
to "compulsory treatment" there is more information here: > http://www.psychiatrierecht.de/
"... is a legal basis for compulsory treatment to care illegal and therefore not approved."
decision of the Federal Constitutional Court to "forced assessment": > 1 BvR 683/09
If you are concerned (r) for a compulsory assessment or compulsory treatment? Then hear about your lawyer / attorney for your above-mentioned Constitutional Court rulings.
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