For involuntary placement to be lawful, the placement procedure must be explained by law and followed.
There are several rules that must be followed during the process:
Legal basis
Involuntary psychiatric treatment can be applied only on the basis of a court ruling but it may also be applied without a court ruling if it is inevitable for the protection of the person or the public and if a court ruling cannot be received as quickly as necessary.
Decision by a psychiatrist
Documented decision
A decision to apply involuntary treatment without the court’s permission is made by a psychiatrist of the psychiatric department of a hospital upon the arrival of a person in the psychiatric department or if after carrying out a medical examination of a person who is under treatment in the hospital on a voluntary basis the need to admit the person for involuntary treatment becomes evident. A decision must be documented.
A physician must inform a patient and inform a person close to him or her, or his or her legal representative within twelve hours of documenting the decision to apply involuntary treatment.
Second opinion
Second opinion by another doctor: the chief doctor of a hospital must ensure that a psychiatrist other than the one having made the decision carry out a medical examination within twenty-four hours after commencement of in-patient treatment.
Duration of the treatment without a court ruling
Involuntary treatment without the court’s permission may be applied within forty-eight hours after the start of involuntary in-patient treatment.
If there is no court ruling after forty-eight hours, a person is free to leave the hospital.
Right to meet
Being placed under involuntary treatment without a court ruling, a person has the right to meet with a person close to him or her or a physician or lawyer of their choice or another representative that have the right to meet with the person placed in involuntary treatment. The duration of a meeting will be decided by the physician.
Decision of the court
Court hearing
As a rule, the court must hear a person before the involuntary psychiatric treatment is applied. If necessary, the court hears the person in his or her usual environment.
exception It is not required to hear a person if the court is able to adequately assess the necessity of application thereof on the basis of documents, or if the hearing may cause damage to the health, or if the person is unable to express his or her will. Nonetheless, the person must be heard by the court in person if the duration of the involuntary treatment is longer than four days.
Representative appointed by the court
The court appoints a representative to the person in a proceeding for placement under involuntary treatment The existence of a representative appointed by the person himself or herself does not prevent the court from appointment of a representative to the person if, in the opinion of the court, the representative appointed by the person himself or herself is unable to sufficiently protect the interests of the represented person.
Expert assessment
If a person is ordered to undergo an expert assessment, such person is required to appear before an expert. If the person fails to appear before an expert, the court may, after hearing the opinion of the expert, apply compelled attendance to bring the person before an expert.
Court decision
The court decision must be given to you and your legal representative.
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.
Rights of the patient during the treatment
- A patient must be informed in written about the hospital’s internal procedures and daily schedule, and also about his or her rights and obligations.
- During the treatment the least restrictive methods must be applied ensuring the safety of the patient and others. The medical staff must respect the patient’s rights and legal interests throughout the treatment.
- A hospital must immediately inform the court if there is no need to keep the person in the closed institution until the end of the term set by the court.
What human rights violation may there be?
If your involuntary placement process did not comply with the given procedural requirements, it may result in a violation of the right to liberty and security of the person.
Read more about the complaint possibilities.