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The types of services and form of accommodation must not be administered in advance.
They should be defined based on the needs that are subject to changes and that should be
the outcome of duly conducted estimates by the multidisciplinary services at the local community level.
The shortcomings of the Law on Protection of Persons with Mental Disorders have still not
been eliminated. It has been regulated that the services for protection of mental health in the
community are to be organized as the additional activity of psychiatric institutions and health
care centres that neither have sufficient human resources nor interest in providing such support. Due to such solution, the deinstitutionalization activities in Serbia are negligible. The
Law has introduced isolation measure for psychiatric potions that not only is contrary to the
applicable standards, but also to the established practice in Serbia. Furthermore, the Law has
prescribed the competence of police officers to maintain order within the psychiatric hospitals, which is not in line with the current standards, considering that these are armed persons
wearing uniforms.
The present psychiatric hospitals are huge, each of them accommodates around several hundreds of patients. They have largely adopted the character of asylum centres, as numerous
patients are excommunicated from the community for more than one month, many of them
as long as for a decade, while some even for life. There is a trend of keeping a large number
of persons in hospitals for social reasons, as there is no other form of support and their treatment in the community.
The court decisions on compulsory hospitalization of persons with mental disorders are
mainly based on expertize provided by doctors employed in hospitals proposing such measures. Moreover, there is a number of cases where the consent to hospitalization was provided
by persons who were in an agitated condition after being brought by police officers, although
the statements given under such circumstances cannot be regarded as legally relevant.
NPM believes that the activities to improve the current legislation must be intensified, including the treatment of persons with disabilities placed in social welfare institutions – homes.
Namely, a large number of persons with mental and intellectual disorders are placed in
remote and often huge institutions, far from their community and their social environment.
Also, living conditions in many of these occupancies are rather poor and disregarding the
required psychological and sociological treatment. All these institutions lack staff, which has
an adverse impact on both the staff members and inmates.
Pursuant to the applicable legislation, in the event of economic deprivation of persons, the
consent to medical treatment is provided by their guardian who is often not present at the
moment when this needs to be administered. Also, it is extremely important to regulate the
role of the person having mental and intellectual disorders in making decisions about medical
measures, that is, in providing consent to such measures. In this respect, the regulations need
to be improved so as to ensure a more effective protection of these persons when applying
medical or scientific tests.
In its visit Reports, the NPM addressed the recommendations to establish procedures regarding the physical restraint of social welfare beneficiaries, introducing of Record maintaining
to register the injuries of inmates and engage independent authorized physician who would
issue death certificates for patients. The recommendations also addressed the provision
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