Can they fly？ Limitation and protection of mental patients’ ＂consultation＂ by nine experts
Cctv news(Reporter Feng Songyi, intern reporter of Zhang Ke): At noon on July 17th, the QQ group of the Family Working Committee of China Association for the Mentally Disabled and Relatives and Friends was very lively. The hot topic was the special "speech conflict storm" that happened on Air China recently. About "Should mental patients fly?" "How to balance public safety and the protection of individual rights and interests of mental patients?" "How can mental patients live with dignity?" And other issues, patients with mental illness and their families have their own opinions.
"Can we establish a blacklist system to blacklist mental patients with bad experiences instead of killing more than 10 million mental patients with a stick? Moreover, can we set up a special seat for mental patients to facilitate the management of the civil aviation department? " The years from Shanxi are like songs (a pseudonym).
"Mental patients can go to the hospital to open a certificate of stable condition in advance by plane. If they fail to pass the security check, they will produce a certificate to prove that they are recovered, not the onset period." Xiangyang tree (a pseudonym) in Jiangsu said.
"This is a case, not a common phenomenon. Everyone is equal before the law. You can’t restrict all mental patients because of one person. We are patients, not prisoners. We face the same problem when we take the high-speed train and go to cinemas and shopping malls. If you are a convalescent patient, please be patient. " Cheng Yuan (a pseudonym) from Jiangsu said.
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There are 22 mental patients and their families who participated in this online video discussion, and nearly 400 people are online. This topic concerns their rights and dignity.
Event review
On July 13th, screenwriter Li Yaling released Weibo that on July 12th, when she was flying from Chengdu to Beijing on an Air China flight, a female passenger, Niu Mou, who claimed to be "Air China supervisor", had a verbal conflict with her passengers because some passengers were talking on the phone and playing with their mobile phones during the taxiing stage. After the plane landed, the police at the Capital Airport took the relevant personnel to the police station for investigation, so several passengers were "stranded for nearly 7 hours".
On July 15, the relevant person in charge of Air China said that it was correct for Niu as a passenger to supervise the illegal behavior of other passengers during the flight, but his behavior was inappropriate, and the whole incident was a conflict between passengers. In this process, the disposal of the unit is conscientious. Air China explained that there are strict requirements for being included in the "flight blacklist", and Air China has no right to refuse to board the plane without the judgment of the judicial authorities. Air China apologized for passenger Li Yaling’s bad flight experience, but could not compensate him.
On July 17th, it was reported that Air China’s "supervisor" incident continued to ferment, and Li Yaling, the party concerned, voiced again in Weibo and shouted at Air China: "Don’t be a black man! Please ask Air China to face up to the legitimate demands of rights-defending passengers. "
We have noticed that the core of this incident is: how to ensure public safety and respect and protect the reasonable rights and interests of mental patients? CCTV reporters listened to the opinions of many experts, examined cases and surpassed them, hoping that the audience would treat such incidents more rationally.
Expert opinion
Patients with mental disorders should be treated differently.
Sun yi,Deputy Head of Judicial Psychiatry Group of Psychiatry Branch of Chinese Medical Association, expert of psychiatry, director and chief physician of Judicial Appraisal Department of huilongguan hospital.
According to the statistics of relevant departments, there are 16 million patients with severe mental disorders in China, which is conservative data and is increasing year by year. Patients with mental disorders may deviate from normal cognition, thinking, emotion, will and behavior, may have impulsive and aggressive behaviors, and may have potential risks affecting their own and others’ personal and property safety. However, early detection, early treatment, early recovery, disease control, into the intermittent or complete remission period, the above symptoms disappear or most disappear, that is to say, the potential safety risks will be greatly reduced.
It is suggested that when patients with severe mental illness are in the disease stage or incomplete remission stage, it is not recommended to choose to travel by air. If you choose to travel by plane, you must be accompanied by a guardian, and the flight attendants should pay attention to and assist their guardians throughout the journey.
The flight rules for mental patients should be refined.
Gao guozhu,Director of China Space Law Society, Director and Professor of Institute of Outer Space Law, Beihang University.
Air China violated the rules first, handled it improperly, and the official concealed the truth and misinterpreted the law. Passengers can sue Air China for necessary compensation on the grounds of breach of contract or infringement. Regarding whether the mental patient can solve the labor contract problem, the existing documents of the former Ministry of Labor show that if the medical treatment expires and he still can’t restore his working ability, the contract can be terminated. However, mental patients usually need lifelong treatment, and how Air China handles its contract problems belongs to its internal affairs. If Niu is unable to determine the legal guardian, Air China shall assume the guardianship obligation.
In addition, the existing regulations on the flight of mental patients are suspected of being across the board and should be refined. We should consider the provisions of the Mental Health Law and the Law on the Protection of the Rights and Interests of the Disabled, and seek a balance between public safety and the protection of equal civil rights and interests. It is suggested that mental patients in the onset period are forbidden to board the plane. Patients with stable mental health during the recovery period can buy tickets to board the plane with the permission of the airline company, but safety protection should be done well.
Seeking a balance between public safety and the protection of the rights and interests of mental patients
Xie guowang,Commercial legal expert and director of Beijing Jingyue Law Firm.
Public safety and the protection of the rights and interests of mental patients are not only social issues, but also legal issues, so we should seek a balance. Whether mental patients can fly is a social issue first, and then a legal issue. Because of its unpredictable threat to public safety, especially in high-altitude aircraft, it is unreasonable to keep other passengers in possible danger all the time. At this time, public safety interests should be higher than private rights. Therefore, it is necessary to give certain restrictions and attach certain conditions to mental patients, such as not being in the sick period and being accompanied by guardians.
The civil rights and personal dignity of the disabled are protected by law.
Li Zhiqiang,Deputy Director of the Family Committee of China Association for the Mentally Disabled and Relatives and Friends.
According to Article 3 of the Law on the Protection of Disabled Persons, disabled persons enjoy equal rights with other citizens in political, economic, cultural, social and family life. The civil rights and personal dignity of disabled people are protected by law. Discrimination on the basis of disability is prohibited. It is forbidden to insult or infringe upon the disabled. It is forbidden to degrade and damage the personality of disabled people through mass media or other means. Those who recover well should be different from mental patients in the onset period. They have equal rights with others. Article 4 of People’s Republic of China (PRC)’s Mental Health Law also stipulates that the personal dignity and personal and property safety of patients with mental disorders are inviolable. The legitimate rights and interests of mentally handicapped patients in education, labor, medical care and material assistance from the state and society are protected by law. The relevant units and individuals shall keep confidential the name, portrait, address, work unit, medical records and other information that may infer their identity; However, unless it is necessary to disclose the performance of duties according to law. Article 5 The whole society should respect, understand and care for patients with mental disorders. No organization or individual may discriminate, insult or abuse patients with mental disorders, and may not illegally restrict the personal freedom of patients with mental disorders.
Both mental patients and "normal people" are likely to have behaviors that endanger safety, and both mental patients and "normal people" should act according to law and take effective measures. In addition, according to Article 4 of the Mental Health Law, which came into effect on May 1, 2013, the relevant personnel publicly released patient information, which obviously violated the Mental Health Law.
We should speak more for the rights of mental patients.
Ma Hui,Physician, Associate Professor, Department of Health Law, Capital Medical University
How to protect the rights and interests of mental patients? The paranoia shown by Niu in this incident is a very typical manifestation of mental patients, but it did not endanger public safety. She just disturbed the peace of passengers. Compulsory treatment or even blacklisting needs to be based on endangering public safety. It is suggested that Jingxie Association should speak more for the rights of mental patients.
Doing a good job as a guardian is the basis for mental patients to obtain dignity and free life.
Wang zhuqing,Expert in Guardianship Law, Professor of College of Law, University of Science and Technology Beijing
Mental patients can fly in a stable period, but they should be accompanied by their families. If a mental patient becomes ill during the flight and endangers public safety, it shall be handled by the flight safety officer. It is suggested to establish a blacklist system, adopt the same standards for mental patients and ordinary people, and determine whether to ban them from flying according to the degree of harmful behavior. In terms of responsibility, ordinary people who endanger public safety should bear administrative or criminal responsibility, and mental patients who endanger public safety should receive compulsory treatment. The care and protection of mental patients depend on guardians to a great extent. Guardians have advanced guardianship concepts, and correct guardianship attitude and sufficient guardianship ability are the basis for mental patients to obtain dignity and free life. Therefore, while protecting mental patients, we should do a good job of supporting and helping guardians.
A large number of excessive remarks and even human flesh search infringe on personal privacy and destroy civilized ecology.
Hou xuemei,Expert of Tort Liability Law and Associate Professor of Law School of Beijing Technology and Business University.
As a carrier, Air China has established a transportation contract relationship with passengers. It is an objective fact that Niu disturbed the order on board. Air China did not take reasonable measures to stop it, which affected the realization of passengers’ contractual rights. It is a legitimate appeal for passengers to pursue the carrier’s liability for breach of contract. During the negotiation with Air China, Li Yaling was told that Niu was a mental patient. Air China’s move was suspected of throwing a pot and revealed Niu’s personal privacy. Li Yaling Weibo released a large amount of private information of Ms. Niu, which constituted privacy infringement, and Niu could claim that Li Yaling should bear civil liabilities such as deleting posts, apologizing and compensation for mental damages. At the same time, Niu can also request the posting website to take necessary measures such as deleting posts and shielding. If the website fails to take necessary measures in time after receiving the notice, it shall be jointly and severally liable with Li Yaling for the enlarged part of the damage. In addition, a large number of excessive comments and even human flesh searches on the Internet not only infringe on the privacy of a certain person, but also do great damage to the civilization and ecology.
Although mental patients can fly during the period of stable condition, flying at high altitude is easy to induce mental illness. It is suggested that you must be accompanied by a guardian when traveling by plane, and inform the safety officer on board to pay special attention. In addition, it is suggested to minimize the chances of flying and choose a safer mode of travel.
Citizens’ individual rights protection, the original intention can be understood, but the method needs to be rational.
Wang Yinglong,Expert of criminal procedure law and associate professor of law school of Beijing Technology and Business University.
Li has more than 1.3 million fans in Weibo. As a big Internet V, she disclosed Ms. Niu’s personal privacy on Weibo without the permission of the parties concerned, and published her name, unit, mental illness history and other information. If verified, this behavior is legally an act of revealing citizens’ personal information, which violates relevant laws and regulations. If the circumstances are serious, it may violate the crime of leaking citizens’ personal information in the criminal law. At the same time, if insulting words are used to spread it, if the circumstances are serious, it may be suspected of constituting an insult. Therefore, the original intention of Internet V to protect citizens’ rights can be understood, but the method needs to be rational and should be done according to law.
First of all, to ensure public safety, we should take adequate safeguard measures according to law.
Wang Xiangqian,Vice Chairman of China Association of Mentally Disabled Persons and Relatives and Friends, Partner and Associate Professor of Beijing Jingyue Law Firm.
Regarding the relationship between public safety and the protection of the rights and interests of mental patients, airlines and relevant units should first ensure public safety and take adequate safeguard measures according to law. No matter people who are physically and mentally healthy or patients suffering from mental disorders and suffering from diseases, we all live in a limited space and share the same fate. Therefore, it is our common responsibility and obligation to protect the legitimate rights and interests of patients with mental disorders. In the event of a dispute involving a mental patient, all parties concerned should adopt legal means such as rational negotiation, applying for mediation by a mediation agency, complaining to relevant departments, reporting to public security organs, bringing a lawsuit to a people’s court, etc., and should not take illegal means such as revealing the privacy of mental patients, otherwise legal responsibilities should be investigated according to law.
Review of similar cases:
1. On April 15, 2018, an incident occurred in which a passenger threatened a flight attendant on an Air China flight from Changsha to Beijing. The crew is prepared to descend to Zhengzhou Xinzheng Airport according to the disposal procedure. Follow-up reports said that the passenger threatened a flight attendant with a pen because of a sudden mental illness.
2. On March 24th, 2015, the Germanwings passenger plane crashed in the French Alps, killing 150 people. According to related reports, the information from the cockpit voice recorder of the "black box" of the passenger plane showed that the co-pilot Andries Rubitz was the only one in the cockpit before the crash. Later, the police found out from the computer in Rubitz’s apartment that he was a fitness fan suffering from depression and fatigue syndrome. However, he successfully passed all the psychological evaluation and physical examination procedures.
3. In 2008, actor Ji Wang complained to the media that the captain of Air China’s flight from Los Angeles to Beijing let his 70-year-old mother and mentally handicapped son get off the plane for safety reasons. Air China later issued an open letter, saying that the captain’s disposal had a legal basis. Because Ji Wang’s children were emotionally unstable at that time, the crew could not control them, and the captain made the decision for the safety of passengers.