55
the urgent establishment of efficient mechanisms in local communities for the acceptance,
support and care for the persons having mental and intellectual disabilities.
Furthermore, the regulations on providing of the patient’s consent have not been improved, particularly for those placed in psychiatric institutions, to medical treatments, pursuant to applicable
international regulations and standards. It is necessary to delete the provisions of the Law on protection of persons having mental disorders, who have been ordered the isolation as psychiatric
patients. The agitated persons, whether physically restrained or not, should be accompanied with
some of the medical staff, since the forced isolation of persons having mental disorders might
have detrimental consequences for their psychological condition.95 In order to protect the persons with mental and intellectual disorders, it is necessary to introduce the general provisions
regulating the provision of consents to medical treatment. According to the present legislation,
where these persons are economically deprived, the consent to their medical treatment is provided by their guardian who is rarely present at the moment when the treatment is to be administered. It is also crucial to regulate the role of persons having mental and intellectual disorders in
making decisions about administering of medical treatment, that is, about providing the respective consent. In this respect, the regulations need to be improved so as to ensure the better protection of these persons when conducting medical or scientific testing.
GENERAL RECOMMENDATIONS FOR ELIMINATION OF SHORTCOMINGS
The Ministry of Health should, without delay, carry out the required activities
aimed at establishing the community care and support outside the institutions,
to persons with mental disorders (and to their families), that is, the reorganization
of services in secondary and tertiary psychiatric institutions, focusing on the treatment of persons with mental disorders in daily hospitals and outpatient centres,
that is, ensure forming of organizational units that perform activities of protection
of mental health in the community.
The Ministry of Health should take actions under its competence to enact the law
on amendments to the Law on Protection of Persons with Mental Disorders, that
is, to improve the provisions on forming the services for the protection of mental
health in the community, procedures of voluntary and forced hospitalization, role
of the police with regard to the persons with mental disorders, physical restraints
and in particular, those who have been ordered the isolation for patients. Such initiative requires the amendments to the Rulebook on Conditions for the Application of Physical Restraints and Isolation of Persons with Mental Disabilities Treated
in Psychiatric Institutions.
The Ministry of Health should undertake the refurbishment of accommodation
capacities in large psychiatric hospitals.
The Ministry of Health should take measures to hire the sufficient number of medical, nursery and other staff and thus elevate the quality of health care services.
95 Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E.
Méndez, para. 83. http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/A.HRC.22.53_
English.pdf.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents