What are your basic rights in the involuntary placement procedure?
You must not be excluded from the procedure where decisions are made about you. You have various basic rights in the procedure where psychiatrists and a judge are deciding whether to place you in a mental health care institution against your will.
During the involuntary placement procedure you have several important basic rights:
Information about the reasons and rights
You have the right to be informed why you have been brought to the mental health care institution and to know your basic rights and duties whilst in the mental health care institution. The psychiatric hospital has to do this to the greatest possible extent.
Attorney at law
You have the right to a State paid attorney-at-law to help you in the process. The judge must help you to arrange this. You have the right to meet with your attorney at law in the mental health care institution and read the documents of your case.
Participation
You have the right to be present at the hearing in front of the judge if your health condition permits. You (if your health condition permits) and your attorney at law have the right to express your opinion during the hearing in front of the judge.
Language and translation
If you do not understand and/or speak Estonian, the Court has a duty to arrange a State paid translator for you.
Appeal
You have the right to appeal the decision within 15 days from the day you received the decision. You can submit the appeal if you believe that there is a fault in the facts or in the legal reasoning, or any of your fundamental rights were not respected.
What human rights violation may there be?
If your rights in the decision making process are not respected, it may result in an unlawful placement in a mental health care institution and violate the right to liberty and the security of a person.
Read more about complaint possibilities.