The Core Concept of the Mental Patients' Law in Japan, "Seishinbyousya-Kango-Hou" (1900)

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  • 精神病者監護法の「監護」概念の検証
  • セイシン ビョウシャ カンゴホウ ノ カンゴ ガイネン ノ ケンショウ

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Abstract

This study aims to clarify the core concept of the mental patients' law in Japan, called Seishinbyousya-Kango-Hou (1900), which had a lasting influence. In this study, the author explores how the law was enacted from reports from the "Sanitary Bureau of the Department for Home Affairs" and the minutes from the Imperial Diet in the Meiji Era. The conclusion of this study is as follows: 1) Because the mental patients' human rights were not defended by civil law, policymakers from the "Sanitary Bureau of the Department for Home Affairs" recognized the necessity of the Mental Patients' Custody Act. The core concept of this law was to grant mental patients' families "Custody" of the respective patients. 2) Granting "Custody" also meant that his/her family would be observed by public authorities. This law tried to protect mental patients by observing how each family cared for such patients, and aimed to prevent illegal detention. 3) However, the necessity of medical treatment for mental patients was never expressed in the law.

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