 |
 |
|
||||||
|
|
UN Principles for the Protection of Persons with Mental Illnesses…*
Principle 17
1. The review body shall be a judicial or other independent and impartial body established by domestic law and functioning in accordance with procedures laid down by domestic law. It shall, in formulating its decisions, have the assistance of one or more qualified and independent mental health practitioners and take their advice into account. 2. The review body’s initial review. as required by paragraph 2 of Principle 16, of a decision to admit or retain a person as an involuntary patient shall take place as soon as possible after that decision and shall be conducted in accordance with simple and expeditious procedures as specified by domestic law. 3. The review body shall periodically review the cases of involuntary patients at reasonable intervals as specified by domestic law. 4. An involuntary patient may apply to the review body for release or voluntary status, at reasonable intervals as specified by domestic law. 5. At each review, the review body shall consider whether the criteria for involuntary admission set out in paragraph I of Principle 16 are still satisfied, and, if not, the patient shall be discharged as an involuntary patient. 6. If at any time the mental health practitioner responsible for the case is satisfied that the conditions for the retention of a person as an involuntary patient are no longer satisfied, he or she shall order the discharge of that person as such a patient. 7. A patient or his personal representative or any interested person shall have the right to appeal to a higher court against a decision that the patient be admitted to, or be retained in, a mental health facility.
Principle 18
1. The patient shall be entitled to choose and appoint a counsel to represent the patient as such, including representation in any complaint procedure or appeal. If the patient does not secure such services, a counsel shall be made available without payment by the patient to the extent that the patient lacks sufficient means to pay. 2. The patient shall also be entitled to the assistance. if necessary, of the services of an interpreter. Where such services are necessary and the patient does not secure them, they shall be made available without payment by the patient to the extent that the patient lacks sufficient means to pay. 3. The patient and the patient’s counsel may request and produce at any hearing an independent mental health report and any other reports and oral, written and other evidence that are relevant and admissible. 4. Copies of the patient’s records and any reports and documents to be submitted shall be given to the patient and to the patient’s counsel. except in special cases where it is determined that a specific disclosure to the patient would cause serious harm to the patient’s health or put at risk the safety of others. As domestic law may provide. any document not given to the patient should, when this can be done in confidence, be given to the patient’s personal representative and counsel. When any part of a document is with held from a patient, the patient or the patient’s counsel, if any, shall receive notice of the withholding and the reasons for it and shall be subject to judicial review. 5. The patient and the patient’s personal representative and counsel shall be entitled to attend, participate and be heard personally in any hearing. 6. If the patient or the patient’s personal representative or counsel requests that a particular person be present at a hearing, that person shall be admitted unless it is determined that the person’s presence could cause serious harm to the patient’s health or put at risk the safety of others. 7. Any decision whether the hearing or any part of it shall be in public or in private and may be publicly reported shall give full consideration to the patient’s own wishes, to the need to respect the privacy of the patient and of other persons and to the need to prevent serious harm to the patient’s health or to avoid putting at risk the safety of others. 8. The decision arising out of the hearing and the reasons for it shall be expressed in writing. Copies shall be given to the patient and his or her personal representative and counsel. In deciding whether the decision shall be published in whole or in part, full consideration shall be given to the patient’s own wishes, to the need to respect his or her privacy and that of other persons, to the public interest in the open administration of justice and to the need to prevent serious harm to the patient’s health or to avoid putting at risk the safety of others.
Principle 19
1. A patient (which term in this Principle includes a former patient) shall be entitled to have access to the information concerning the patient in his or her health and personal records maintained by a mental health facility. This right may be subject to restrictions in order to prevent serious harm to the patient’s health and avoid putting at risk the safety of others. As domestic law may provide, any such information not given to the patient should, when this can be done in confidence, be given to the patient’s personal representative and counsel. When any of the information is withheld from a patient, the patient or the patient’s counsel, if any, shall receive notice of the withholding and the reasons for it and it shall be subject to judicial review. 2. Any written comments by the patient or the patient’s personal representative or counsel shall , on request. be inserted in the patient’s file.
Principle 20
1. This Principle applies to persons serving sentences of imprisonment for criminal offences, or who are otherwise detained in the course of criminal proceedings or investigations against them, and who are determined to have a mental illness or who it is believed may have such an illness. 2. All such persons should receive the best available mental health care as provided in Principle 1. These Principles shall apply to them to the fullest extent possible, with only such limited modifications and exceptions as are necessary in the circumstances. No such modifications and exceptions shall prejudice the persons’ rights under the instruments noted in paragraph 5 of Principle 1. 3. Domestic law may authorize a court or other competent authority, acting on the basis of competent and independent medical advice, to order that such persons be admitted to a mental health facility. 4. Treatment of persons determined to have a mental illness shall in all circumstances be consistent with Principle 11.
Principle 21
Every patient and former patient shall have the right to make a complaint through procedures as specified by domestic law.
Principle 22
States shall ensure that appropriate mechanisms are in force to promote compliance with these Principles, for the inspection of mental health facilities, for the submission, investigation and resolution of complaints and for the institution of appropriate disciplinary or judicial proceedings for professional misconduct or violation of the rights of a patient.
Principle 23
1. States should implement these Principles through appropriate legislative. judicial. administrative, educational and other measures. which they shall review periodically. 2. States shall make these Principles widely known by appropriate and active means.
Principle 24
These Principles apply to all persons who are admitted to a mental health facility.
Principle 25
There shall be no restriction upon or derogation from any existing rights of patients, including rights recognized in applicable international or domestic law, on the pretext that these Principles do not recognize such rights or that they recognize them to a lesser extent. *UN Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care |
