CRPD.C.CHN.Q.1.Add.1_en (1).doc

In case of compulsory internment in a private health

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within 72 hours. In case of compulsory internment in a private health institution, the Head of the Health Bureau shall forward the file to the court for hospitalization authorization within 72 hours upon receipt of the request (Article 12 of the Decree- Law No. 31/99/M). A person with a severe mental illness may be subject to an urgent compulsory internment request, submitted to the Head of the Health Bureau, when the requirements set out in Article 8 previously mentioned are met, and there is an imminent danger to the legal interests referred therein which is particularly resulted from an acute deterioration of his/her health. If the psychiatric assessment concludes that an internment is needed, to which the patient opposes, the health institution shall inform the court of the provisional internment decision with an evaluation report. In case the psychiatric assessment does not confirm the need for internment, the patient with mental illness is immediately released and its file will be forwarded to the public prosecutor (Article 13 of Decree-Law 31/99/M). Decisions to maintain the urgent compulsory internment require judicial confirmation within 72 hours (Article 14). In case a reason for termination/cessation of the hospitalization is invoked, the court shall appraise that request at any time. Nonetheless, the review of the internment is mandatory, irrespective of any request to that effect, 2 months after the commencement of the internment or after the decision that maintained the internment. The mandatory review takes place with the participation of the public prosecutor, the patient’s defensor and the patient himself, whenever viable (Article 17 of Decree-Law No. 31/99/M). It should be noted that the compulsory hospitalization shall be replaced by an outpatient treatment, whenever it is possible to maintain the treatment in liberty, and the court shall be informed of the replacement (Article 15 of Decree-Law No. 31/99/M). In any case, the patient has the right to appeal against the decision that imposed or maintained the compulsory hospitalization (Article 10 of Decree-Law No. 31/99/M). The compulsory internment shall cease as soon as the requirements that justify the internment cease to exist. The court shall be immediately informed of the lift of the internment (Article 16 of Decree-Law No. 31/99/M). 70
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Living independently and being included in the Community (Article 19) 55. Please provide information whether there are any plans to provide subsidies to NGOs to provide personal assistance service to persons with disabilities (para 60 of the State Party’s report). Reply: The SWB continuously supports the operation of NGOs, aiming at the individualized services needed by disabled persons, by various means including financial assistance, technical assistance and transfer of equipments. At the same time, SWB also subsidizes NGOs to establish new services to meet the changing needs of services.
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