The procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standards
This paper is aimed at analyzing the procedure of involuntary hospitalization of persons with mental disorder. Considering the fact that enforced hospitalization interferes with the fundamental human rights and individual freedoms, the rules of involuntary hospitalization procedure have to provide f...
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| Format: | Article |
| Language: | English |
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Victimology Society of Serbia and Prometej-Beograd
2007-01-01
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| Series: | Temida |
| Subjects: | |
| Online Access: | http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370703025P.pdf |
| _version_ | 1811252507725266944 |
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| author | Petrušić Nevena |
| author_facet | Petrušić Nevena |
| author_sort | Petrušić Nevena |
| collection | DOAJ |
| description | This paper is aimed at analyzing the procedure of involuntary hospitalization of persons with mental disorder. Considering the fact that enforced hospitalization interferes with the fundamental human rights and individual freedoms, the rules of involuntary hospitalization procedure have to provide for the legality of decisions, prevent possible abuses and enable the exercise of legitimate rights and interests of persons with mental disorder confined to treatment in psychiatric institutions. Bearing in mind the significance of the involuntary hospitalization procedure, the author of this paper provides a critical analysis of the national regulation on involuntary hospitalization. The aim of this analysis is to observe whether the rules of involuntary hospitalization procedure comply with the generally recognized international and European standards on the human rights protection of persons with mental disorder, and to identify the shortcomings of the existing mechanism of involuntary hospitalization. Taking into consideration the results of this analysis, the author points to the necessity of reforming the involuntary hospitalization procedure and proposes possible directions for a further improvement of this legal institute. |
| first_indexed | 2024-04-12T16:36:40Z |
| format | Article |
| id | doaj.art-6d90422f8edf48109fe124d4b6b6560a |
| institution | Directory Open Access Journal |
| issn | 1450-6637 |
| language | English |
| last_indexed | 2024-04-12T16:36:40Z |
| publishDate | 2007-01-01 |
| publisher | Victimology Society of Serbia and Prometej-Beograd |
| record_format | Article |
| series | Temida |
| spelling | doaj.art-6d90422f8edf48109fe124d4b6b6560a2022-12-22T03:24:59ZengVictimology Society of Serbia and Prometej-BeogradTemida1450-66372007-01-01103253710.2298/TEM0703025PThe procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standardsPetrušić NevenaThis paper is aimed at analyzing the procedure of involuntary hospitalization of persons with mental disorder. Considering the fact that enforced hospitalization interferes with the fundamental human rights and individual freedoms, the rules of involuntary hospitalization procedure have to provide for the legality of decisions, prevent possible abuses and enable the exercise of legitimate rights and interests of persons with mental disorder confined to treatment in psychiatric institutions. Bearing in mind the significance of the involuntary hospitalization procedure, the author of this paper provides a critical analysis of the national regulation on involuntary hospitalization. The aim of this analysis is to observe whether the rules of involuntary hospitalization procedure comply with the generally recognized international and European standards on the human rights protection of persons with mental disorder, and to identify the shortcomings of the existing mechanism of involuntary hospitalization. Taking into consideration the results of this analysis, the author points to the necessity of reforming the involuntary hospitalization procedure and proposes possible directions for a further improvement of this legal institute.http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370703025P.pdfperson with mental disorderinvoluntary hospitalizationnon-litigious proceedinghuman rightsright to a fair trial |
| spellingShingle | Petrušić Nevena The procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standards Temida person with mental disorder involuntary hospitalization non-litigious proceeding human rights right to a fair trial |
| title | The procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standards |
| title_full | The procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standards |
| title_fullStr | The procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standards |
| title_full_unstemmed | The procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standards |
| title_short | The procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standards |
| title_sort | procedure of involuntary hospitalization of persons with mental disorder in light of the human rights protection standards |
| topic | person with mental disorder involuntary hospitalization non-litigious proceeding human rights right to a fair trial |
| url | http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370703025P.pdf |
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