Legal considerations regarding abuse in psychiatric hospitals

Abstract

In the revised Act on Mental Health and Welfare for Persons with Mental Disorders or Disabilities, which went into effect in April 2024, new provisions (articles 40-2 to 40-8) relating to the prevention of abuse in psychiatric hospitals were added as section 6 in order to further strengthen preventive measures against further. In response, this article addresses two issues from a legal perspective that are likely to cause disputes―the illegality of physical restraints on patients in psychiatric hospitals and precautions for handling suspected abuse cases―while also presenting relevant past court cases.