treatment as an object and thus violates his/her dignity. After the judgment, the
applicable regulations were changed. Starting from January 2018:
• a person (also a legally incapacitated one) admitted to a social care home
may apply to a guardianship court for reversing the decision on his/her
placement in the home;
• a person who does not consent to his/her further stay in a social care
home may apply to a guardianship court for annulment of the decision on
his/her placement there;
• the obligation to hear the legally incapacitated person who is to be
admitted to a psychiatric hospital or a social care home has been provided
for in the relevant parliamentary act;
• in order to provide additional and full legal protection to persons with
mental disorders or intellectual disabilities, who are admitted to social
care homes or psychiatric hospitals without their consent, the relevant is
required to appoint ex-officio a lawyer or legal advisor, even without an
application submitted to this end;
• if a person is admitted to a social care home without his/her consent but
with the consent of his/her legal representative, a guardianship court’s
judgment is required. Persons admitted under this procedure should
undergo mental health examinations at least once per six months.
THE ABOVE-MENTIONED AMENDMENTS ARE IN LINE WITH THE
POSTULATES THAT HAD BEEN RAISED BY THE COMMISSIONER FOR
HUMAN RIGHTS FOR MANY YEARS.
30
PART II – how does the NMPT work?
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