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CPG for Psychosocial Interventions in Severe Mental ... - GuíaSalud

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and <strong>in</strong><strong>for</strong>mation.<br />

(http://www.boe.es/aeboe/consultas/bases_datos/doc.php?coleccion=iberlex&id=2002/<br />

22188)<br />

United Nations Resolution 46/119, December 1991, <strong>for</strong> the protection of the rights of persons with<br />

mental illness.<br />

It recognises the right to labour, health, <strong>in</strong>stitutional and social non-discrim<strong>in</strong>ation of these<br />

people.<br />

1996 Madrid Declaration<br />

Developed by World Psychiatric Association, the ethical guidel<strong>in</strong>es that must rule between patient<br />

and psychiatrist are <strong>in</strong>dicated, avoid<strong>in</strong>g a compassionate attitude or an attitude exclusively aimed<br />

at avoid<strong>in</strong>g <strong>in</strong>jury to oneself or violence to third parties.<br />

Royal Decree 63/1995, 20 January, on management of health benefits of the (Spanish) National<br />

Health System, establishes the health benefits directly provided to people by the National Health<br />

System. More specifically, it <strong>in</strong>cludes mental health care and psychiatric care <strong>in</strong> one of its sections,<br />

cover<strong>in</strong>g cl<strong>in</strong>ical diagnosis, psychopharmacotherapy and <strong>in</strong>dividual, group or family psychotherapy,<br />

and hospitalisation where appropriate,.<br />

Strategy <strong>in</strong> <strong>Mental</strong> Health of the National Health System. Approved by the Interterritorial Council<br />

of the National Health System on 11 December 2006.<br />

In this document, we f<strong>in</strong>d general and specific objectives, as well as recommendations whose<br />

aim is to improve prevention and care of <strong>Severe</strong> <strong>Mental</strong> Illness, one of the priority healthcare l<strong>in</strong>es<br />

<strong>for</strong> the M<strong>in</strong>istry. In addition, there are different community plans that set out development l<strong>in</strong>es<br />

<strong>for</strong> <strong>Mental</strong> Health, and <strong>in</strong>clude care <strong>for</strong> patients with SMI.<br />

Law of Civil Procedure and Civil Code: They regulate two procedures of <strong>in</strong>terest <strong>in</strong> <strong>Mental</strong> Health:<br />

1. The “non-voluntary hospitalisation due to psychic disorders” is regulated by Law of<br />

Civil Procedure (Law 1/2000, 7 January). Article 763 concerns <strong>Mental</strong> Health, regulat<strong>in</strong>g this<br />

procedure. It deals with the hospitalisation of persons who are not able to decide <strong>for</strong> themselves<br />

because of their psychic state, as a necessary therapeutic measure <strong>in</strong>dicated by medical staff, applied<br />

with restrictive criteria and <strong>for</strong> as short a time as possible.<br />

As this represents a privation of the fundamental right of personal freedom, the regulation<br />

aims to guarantee this right, among others, so the entire hospitalisation requires judicial authorisation<br />

(the authorisation will be prior to the hospitalisation, except when, due to urgent reasons, the<br />

measure must be immediately adopted). With the times established by law, “the court will hear<br />

the person affected by the decision, the Public Prosecutor’s Office and any other person whose appearance<br />

is deemed advisable or is requested by the person affected by the measure. Furthermore,<br />

and without prejudice of be<strong>in</strong>g able to per<strong>for</strong>m any other test that is deemed relevant <strong>for</strong> the case,<br />

the court must exam<strong>in</strong>e <strong>for</strong> itself the person whose hospitalisation is referred to and hear the<br />

judgement of a physician appo<strong>in</strong>ted by him or her. In all the actions, the person affected by the<br />

hospitalisation measure may be represented and defended under the terms <strong>in</strong>dicated <strong>in</strong> article 758<br />

of this Law”.<br />

This is a civil procedure and by virtue of strictly medical reasons.<br />

(http://www.boe.es/aeboe/consultas/bases_datos/doc.php?coleccion=iberlex&id=2000/<br />

00323)<br />

CLINICAL PRACTICE GUIDELINES FOR PSICHOSOCIAL INTERVENTIONS IN SEVERE MENTAL ILLNESS 123

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