The procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standards

Autor: Petrušić Nevena
Jazyk: English<br />Serbian
Rok vydání: 2007
Předmět:
Zdroj: Temida, Vol 10, Iss 3, Pp 25-37 (2007)
Druh dokumentu: article
ISSN: 1450-6637
DOI: 10.2298/TEM0703025P
Popis: This paper is aimed at analyzing the procedure of involuntary hospitalization of persons with mental disorder. Considering the fact that enforced hospitalization interferes with the fundamental human rights and individual freedoms, the rules of involuntary hospitalization procedure have to provide for the legality of decisions, prevent possible abuses and enable the exercise of legitimate rights and interests of persons with mental disorder confined to treatment in psychiatric institutions. Bearing in mind the significance of the involuntary hospitalization procedure, the author of this paper provides a critical analysis of the national regulation on involuntary hospitalization. The aim of this analysis is to observe whether the rules of involuntary hospitalization procedure comply with the generally recognized international and European standards on the human rights protection of persons with mental disorder, and to identify the shortcomings of the existing mechanism of involuntary hospitalization. Taking into consideration the results of this analysis, the author points to the necessity of reforming the involuntary hospitalization procedure and proposes possible directions for a further improvement of this legal institute.
Databáze: Directory of Open Access Journals