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人身自由权是精神障碍患者所享有的基本权利。基于人身自由,精神障碍患者可以其意志支配其人身活动,包括积极的作为和消极的不作为,并不受他人的非法限制和干预。然而,现实中精神障碍患者所享有的人身自由无疑是脆弱的。鉴此,应建立精神障碍患者人身自由权的保护体系,即建立集家庭、社会和国家为一体的保护体系,核心是国家履行其保护义务。
The right to personal liberty is a basic right enjoyed by patients with mental disorders. Based on personal freedom, patients with mental disorders can exercise their will to control their physical activity, including positive and negative omissions, and are not subject to unlawful restrictions and interference from others. However, the actual personal freedom enjoyed by people with mental disorders is undoubtedly vulnerable. In view of this, we should establish a system of protection of personal liberty for patients with mental disorders, that is, to establish a system of protection that integrates family, society and nation. At its core, the state fulfills its obligation of protection.