IV- The protection of the life of physically disabled persons
106. According to Article 3 of the orientation law n° 2005-83 of the 15th August
2005, relative to the promotion and the protection of the physically disabled, the
guarantee of health services and social benefits for the physically disabled is
considered as a « national responsibility ».
107. In this context, the State has carried out:
- The reinforcement of the health structures in the areas of diagnosis and
early screening of illnesses likely to give rise to a disability with the
increase of medical examinations during the antenatal phase,
- The organization of public opinion sensitization campaigns relating to the
importance of the pre-nuptial medical certificate,
- The early provision of care for disabled children by means of socioeducational structures specialized in functional reeducation and
rehabilitation matters,
V- The protection of the life of the mentally ill
108. Law n° 92-83 of 3rd August 1992, relative to mental health and to the
conditions of hospitalization for mental disorders requires that the hospitalization
be done with respect for individual liberties and under conditions guaranteeing
human dignity.
109. A person affected by mental disorders cannot be hospitalized without his
consent except where it is impossible to obtain an informed consent or if the state
of mental health of the person concerned requires urgent care or threatens his
security or the security of others. The restriction of his freedom is strictly limited to
the measures required by his state of health and his treatment.
The person concerned should be informed, in any case, immediately on his
admission or, as soon as his state permits it, of his legal situation and of all his
rights. He can communicate with the public health medical inspectors or with the
legal authorities, send out or receive personal mail, contact the members of his
family or contact the regional mental health committee responsible for examining
the situation of hospitalized persons while maintaining respect for individual
freedoms and human dignity.
VI- The protection of human life through legislation relating to
accidents at work and to profession related illnesses and
legislation relating to health matters
110. Law n° 94-28 of 21st February 1994, establishing the system of
compensation for damages resulting from accidents at work and profession
related illnesses, as well as law n° 95-56 of 28th June 1995, instituting a special
system of compensation for damages resulting from accidents at work and
profession related illnesses in the public sector, provides for measures protective
of human life.
As an example, Article 85 of the law of 21st February 1994 stipulates that « the
employer is duty bound to take all the appropriate preventive measures which
are required by the nature of his activity ».
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