美国精神病人强制住院治疗法律制度及其借鉴

精神病人强制住院治疗制度是美国一项重要的法律制度。该制度通过司法程序将具有危险性、无法自理的精神病人强制性地送入精神治疗机构治疗。这涉及精神病人的人身自由、名誉等基本权利,因此美国制定法和判例法中形成了强制治疗的实体标准和正当程序。该制度要求治疗机构根据实际情况对于治疗期限届满的精神病人作出合理的处理。这一制度为我国精神病人强制治疗法律制度的规范与完善提供了可资借鉴的经验。     

How Migration Experience Affects the Acceptance and Active Support of Refugees? Philanthropy and Paid Work of Hungarian Migrants in the German Immigrant Service

Abstract

The paper examines migration experience and migrant solidarity within a differential migration system. The paper unfolds how Hungarians living in Germany have become involved in refugee support (either in form of voluntary or paid work), and how their engagement relates to their own experience of migration. Concerning applied methods the paper is based on a quantitative online survey and qualitative interviews.     

Chapter 6. Psychosocial Stressors,Psychiatric Diagnoses and Utilization of Mental Health Services Among Undocumented Immigrant Latinos

Abstract

The combined effects of minority status, specific ethnic group experiences (political, economic, trauma and immigration history), poverty, and illegal status pose a set of unique psychiatric risks for undocumented Latinos in the United States. Restrictive legislation and policy measures have limited access to health care, and other basic human services to undocumented immigrants and their children throughout the nation. However, little is known about the patterns of mental health care use, psychiatric diagnoses and psychosocial problems prevalent among the undocumented who do succeed in presenting to clinical settings and to the mental health sector. To begin to address the need for further understanding in this area, we completed a clinical chart review of 197 outpatient adult psychiatric charts in a Latino mental health outpatient treatment program located in an urban hospital system.

We compared the diagnoses and mental health care use of undocumented Latino immigrants (15%) with that of documented (73%) and US born Latinos (12%) treated in this clinical setting. The undocumented Latinos in our study were more likely to have a diagnosis of anxiety, adjustment and alcohol abuse disorders. The undocumented also had a significantly greater mean number of concurrent psychosocial stressors (mean number = 5, p < .001) ascompared to documented immigrants and US born groups, which both had a mean number of 3 stressors identified at evaluation. The undocumented were more likely to have psychosocial problems related to occupation, access to healthcare and the legal system. However, the undocumented had a lower mean number of total mental health appointments attended (mean visits = 4.3, p < .001) in which to address these stressors as compared to documented immigrants (mean visits = 7.9) and US born (mean visits = 13.3). In terms of other previous mental health service use, the undocumented group had lower rates of lifetime inpatient and outpatient treatment use.

The results of this study suggest the importance of early assessment of psychosocial stressors, substance use and barriers to care when treating undocumented immigrants. Although all Latino groups included in this investigation demonstrated numerable concurrent stressors, our investigation highlights the particular importance of accessible social services and supports for addressing psychosocial stressors in the lives of undocumented patients. Our results stress the importance of reexamining policies, that restrict access to social services and healthcare for the undocumented. Our results also suggest the importance of culturally appropriate evaluation and treatment of substance abuse disorders as well as addressing other psychological and behavioral responses to multiple stressors among undocumented individuals.     

New Hispanic Migration and HIV Risk in New York

Abstract

This paper reports on research designed to assess access to care by Latino immigrant populations in the New York area. A qualitative approach and methods were employed, involving focus groups with PWAs and affected men and women from Mexico, the Dominican Republic and Central America to explore the perceptions, beliefs, experience and knowledge of HIV care issues and the issues affecting health-seeking behavior. Among the data collected to provide context, depth and detail to the issue of access and utilization of services, was the detailed information on migration and HIV risk reported here.

A total of 57 men and women participated, ranging in age from 19-61. Results included information on migration patterns, obstacles for Latino immigrants living in the U.S., social networks, community resources, knowledge of HIV/AIDS, risk behavior and access to information. Data support the conclusion that to be effective in reaching and providing services to these immigrant groups, it is crucial to understand the environment from which they come and the impact of immigration. Poverty; repressive governments; lack of education/literacy; ethnicity, class; color-based stigma; and cultural norms are crucial factors in determining their attitudes, motivations, decisions and behavior. The key elements for the provision of services to this population appear to be those which build on cultural norms and which network human and institutional resources.     

俄罗斯移民状况和移民政策：存在的问题和优化途径

长期以来,尽管俄罗斯对外国劳务需求量很大,但引进效率低下.目前有效吸引外国移民的方式是教育移民,因而应加大在国外对俄语的宣传力度.中国移民在俄的情况是：主要集中于莫斯科、滨海边疆区和哈巴罗夫斯克边疆区;选择赴俄工作主要是因为那里比较容易去;在俄主要从事的工作是销售、商务;主要分布行业是服装、鞋帽、纺织等;他们中大部人并不希望获得俄罗斯国籍.     

施工企业转型升级由硇农民工培训服务问题

本市施工企业转型升级中的农民工培训服务工作,主要采取广泛建立农民工业校、组织农民工培训和技能才艺大赛等形式,虽已取得较大成绩,但还存在部分单位对农民工培训服务缺乏统筹安排、一些农民工自身对培训积极性不高、培训模式单一、师资力量不足、部分企业不愿加大培训投入等问题。今后应采取的措施,一是从政策入手加强行业管理;二是实行多种培训模式相结合;三是充分发掘业校潜力并努力叫响品牌;四是注意根据行业特点提高培训针对性;五是进一步加大培训服务工作的宣传力度。     

Homicide by a Forensic Female Sample in Brazil: A Preliminary Study

The objective of the study was to evaluate the mental status of all women (n = 14) who were acquitted by reason of insanity of charges of murder or attempted murder and committed to a forensic psychiatric hospital in the state of Rio de Janeiro, Brazil. All cases were retrospectively examined, including medical files, technical records, and forensic experts' official reports. A conclusive psychiatric diagnosis was established using the Structured Clinical Interview for DSM‐IV Axis I and II Disorders and clinical and forensic records. The most common diagnosis was schizophrenia/schizoaffective disorders (n = 8; 57.3%). Most victims (n = 12; 75%) were close relatives of the patients. We found that 43% (n = 6) of the patients had a previous history of violent behavior. According to the initial psychiatric forensic evaluation, 5 patients (35.7%) had psychotic symptoms. It is expected that a growing understanding of motivational factors underlying homicidal behavior in mentally disturbed female offenders may further the implementation of effective preventive and therapeutic interventions.     

ALL CHILDREN ARE NOT CREATED EQUAL: PRWORA'S UNCONSTITUTIONAL RESTRICTION ON IMMIGRANT CHILDREN'S ACCESS TO FEDERAL HEALTH CARE PROGRAMS

The lack of health insurance for children is a serious problem in the United States, especially for those children in families that earn too little to get private health insurance and too much to qualify for Medicare. Even within this subclass of children, immigrant children are particularly vulnerable to the problems faced by lack of health care. Nevertheless, with the passage of the Personal Responsibility and Work Reconciliation Act (PRWORA) by Congress, equality interests of low‐income immigrant children are undermined when immigrant children are denied federal benefits for the first 5 years of residency in the United States. The first part of this Note examines the importance of child health care and the long‐term problems with uninsured children, especially with uninsured immigrant children and pregnant women. The next part introduces Medicaid as well as State Children's Health Insurance Program, a supplemental federal program designed to increase health care coverage to all children, while contrasting these programs in light of the restrictive anti‐immigrant PRWORA provisions. The third part explains the passage of PRWORA, its anti‐immigrant provisions, and how these provisions prevent needy immigrant children from receiving federally funded health care. Then, the fourth part uses both the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment to argue the unconstitutionality of the anti‐immigrant provisions. Finally, the last part lays out the recommendation to amend the Social Security Act so that the PRWORA barriers can be removed and recent immigrant children can receive federally funded health care.     

论民法上的注意义务

无论在英美法系还是在大陆法系,注意义务都是过失判定的基准。民法上的注意义务是义务主体谨慎地为自己一切行为(包括作为和不作为)的法律义务,其核心内容包括行为致害后果预见义务和行为致害后果避免义务。注意义务的产生依据包括制定法、技术规范、习惯和常理、合同或委托、在先行为。在注意义务的体系中,特别要重视以内容为标准的体系构成,还要理清作为注意义务与不作为注意义务,更要突出高度注意义务的地位。在注意义务存在冲突的情况下,其解决规则为依据注意义务的优先性。注意义务有着程度的差异,应当构建“注意程度标准人”以替代“合理人”。我国侵权行为立法应当明确规定注意义务。     

Switzerland – Really Europe's Heart of Darkness?

Immigration is a prominent and contested global topic of contemporary politics. Several recent popular votes targeting migration such as the minaret initiative, the automatic deportation initiative, and most recently the vote on “mass immigration”, evoke however the impression that Switzerland sets particularly harsh standards in migration policy. Based on historical evidence on Swiss migration policy making and comparative analyses on current cantonal integration policy outputs, I argue that ‐ while far from being a new phenomenon ‐ immigrant scepticism has become a more relevant factor of Swiss migration policy making than ever. Yet, immigration and immigrant scepticism do not only challenge direct democratic Switzerland, but all destination countries of immigration.