On 10 October – World Mental Health day, Human Rights Action (HRA) reminded of human rights of the mentally ill and called for consistent application of the laws guaranteeing their rights (Law on Protection and Exercise of the Rights of the Mentally Ill and the Law on Non-Litigation Procedure).

Misconception that the mentally ill cannot be cured and that they represent a threat to the environment, that they should be isolated and prevented to work or otherwise participate in community life is widely accepted in the public. With appropriate treatment, the mentally ill can often work and participate in all aspects of social life. The media should bear in mind the obligation to combat prejudice and comply with the obligation to protect the privacy and non-discrimination of these people.

The mentally ill are entitled to the human right to physical freedom, which implies prohibition of involuntary hospitalisation when this is not necessary. HRA experience of successful representation of involuntary hospitalized patient which led to suspension of such hospitalization in September 2014, showed that the police has, contrary to the Law on Protection and Exercise of the Rights of the Mentally Ill, apprehended a person and taken him to a psychiatric hospital only because he was known to have previously been a mental patient, although in this particular case there was no evidence that he had threatened anyone or given rise that they would hurt himself or others; that the person remained in the hospital by violation of procedures, as well as that the Basic Court in Kotor has rendered a decision on involuntary hospitalization without forensic examination ordered by the court and without hearing persons on whose involuntary hospitalization the decision was to be made.

Upon HRA proposal, and in accordance with recommendation of the European Committee the Prevention of Torture (CPT), safeguards against unjustified involuntary hospitalisation have been improved in the Law on Non-litigation Procedure in April 2015, by prescribing that a involuntarily hospitalised person must have a lawyer during the decision-making procedure on involuntary hospitalization, i.e. the right to free legal aid if unable to secure a lawyer. It was prescribed that court hearing in the process of deciding on involuntary hospitalization should be held at the institution where the person is located, as well as that the court should hear the person whose hospitalization is to be decided on, if this person is able to understand the significance and legal consequences of his/her participation in the proceedings. HRA proposal that the court must decide on the person’s ability to understand the significance and consequences of participation in the proceedings and justification of the reasons for involuntary hospitalization based on opinion of an independent expert, who is not employed by the institution in which the person is forcibly placed.

HRA team