you are here: > African Union Civil Code > Article 97 
 
2. Human life
 
  2.5 Standards of a disabled human being  
  Article 97-Mentally ill human being  
97.1 Mentally ill human being  
  All persons suffering mental illness shold be entitled to appropriate care and assistance, including shelter where required.  
97.2 Mental illness  
  Mental illness is when a person is either temporarily or permanently incapacitated from normal mental function and/or exhibits an inability to perform essential and minimal mental requirements of living in a civilized society.  
  For the purpose of this Code, mental illness is defined into four major categories:  
  (1) Cognitive Incapacitation  
  (2) Perceptual Incapacitation  
  (3) Behavioural Incapacitation  
  (4) Severe Incapacitation  
97.3 Cognitive Incapacitation  
  Cognitive incapacitation is defined as when a person is unable to cognitively process the facts of a required action in a logical and sensible sequence and/or is unable to make a judgment based on such rational processing.  
  A person suffering temporary or permanent cognitive incapacitation is not permitted to hold office, or a position of authority within a corporation or government institution during the period of illness.  
  In any case of severe cognitive incapacitation, a person is not permitted to make legal depositions and must be represented either by their power of attorney or by a State appointed power of attorney who is charged in making decisions and judgments on their behalf during the illness.  
  A person suffering cognitive incapacitation alone is not permitted to be placed in a psychiatric institution.  
97.4 Perceptual Incapacitation  
  Perceptual incapacitation is when a person is unable to distinguish from objects that are real and capable of being proven as having existence and thos objects which are unable to be proven as having existence and have no basis of common heritage or custom belief.  
  Commonly also known as delusion, a person suffering perceptual incapacitation alone shall not be banned from holding a position of authority, excepting elected office and the profession of teacher or tutor.  
  A person suffering perceptual incapacitation alone is not permitted to be placed in a psychiatric institution unless under their own request.  
97.5 Behavioural Incapacitation  
  Behavioural incapacitation is when a person exhibits a lack of self control over their physical behaviours which may or may not include violent outbursts, but which clearly show a lack of self-restraint against the perceived normalities of public and private behaviour.  
  A person suffering severe behavioural incapacitation shall not be permitted to hold any position which places them in direct contact with vulnerable members of society that ordinarily would be unable to defend themselves in the event of a violent outburst including children and elders.  
  A person suffering significant behavioural incapacitation shall be referred to a psychiatric institution either upon their own request, or the order of a magistrate or judge. Furthermore, a person suffering significant behavioural incapacitation shall not be permitted to be freed from psychiatric care until their illness is sufficiently reduced to therefore eliminate the possibility of self injury and/or injury to others.  
  The release of a person known to be suffering significant and violent behavioural incapacitation shall be a criminal offence of reckless endangerment and shall leave such officials responsible for such action liable to any negligence claim in the event such a person does injure another person.  
97.6 Severe Incapacitation  
  Severe incapacitation is when a person is suffering traits which correspond to two or more of the categories of this article.  
  A person suffering sever incapacitation shall be referred to a psychiatric institution either upon their own request, or the order of a magistrate or judge. Furthermore, a person suffering severe incapacitation shall not be permitted to be freed from psychiatric care until their illness is sufficiently reduced to therefore eliminate the possibility of self injury and/or injury to others.  
     
     
 
 

Copyright © 1999-2007 Africans-Union.Org. All rights reserved.