Ensuring the constitutional right to liberty of persons with mental health problems

Abstract

The main problems that will be discussed in paper are related to the application of compulsory medical measures and the non-voluntary treatment of persons with mental health problems. The right to liberty is one of the oldest and most important human rights norms. It is particularly relevant in the context of involuntary placement, since deprivation of liberty occurs when an individual is placed in an institution against his or her will and cannot leave it at his or her own will. The significance of the issue is that it concerns one of the most vulnerable groups of society: persons who can be held in psychiatric organizations against their will and cannot make public the problems they are facing with the cases of violation of their rights because of their state of health. It is worth mentioning that persons possess rights simply because of their humanity. Thus, persons with mental disabilities need not prove that they deserve certain rights or that they can be trusted to exercise them in socially and culturally acceptable ways. The fundamental nature of human rights can, therefore, serve as a basis to challenge unjust treatment of people with mental disabilities. Therefore, this sphere with its relevant legislative regulations needs a thorough and in-depth study, revelation of the systemic problems and taking concrete steps for their solution. The significance of the issue is also explained by the study of the judicial practice (both in civil and criminal procedures). There are plenty of problematic cases concerning to the application of compulsory medical measures, periodic review of a security measure in the form of placement in a psychiatric organization, proper supervision over it, non-voluntary treatment of a person with mental health problems without court’s judgment, as well as defining concrete terms of compulsory treatment, etc. The absence of preliminary and further judicial supervision over the appointment and the process of compulsory (non-voluntary) treatment is a huge gap in our legislation, which can lead to violation of the right to liberty of the persons with mental health problems.