Report on the Performance of Activities of the National Preventive Mechanism for 2016 documents, a person de facto does not exist and it is impossible for him or her to realize fundamental human rights, guaranteed by numerous international documents, the Constitution and other regulations. The mere fact that a person who suffers from mental disorders refuses to treat physical disease, must not be a reason for involuntary hospitalization or for imposing any medical procedures without his or her consent. Exception are situations where due to a mental disease, a person is not able to reach an informed decision on medical procedure in connection with treatment of a life-threatening physical disease. If preconditions referred to in the Act on Protection of Persons with Mental Disorders have been fulfilled, or if the doctor has established that the state of physical disease has The mere fact that a person who suffers from mental reached the status of particular emergency, seriously and directly threatening the life or health of the patient, the patient disorders refuses to treat may be subject to a medical procedure without his or her physical disease, must not be a reason for involuntary consent, and this only as long as his or her life or health are threatened. Namely, given that from the Act on Protection of hospitalization or for imposing any medical Persons with Mental Disorders, it does not arise that this pertains only to psychiatric treatment, but to all medical procedures without his or procedures, depriving the person of legal capacity or assigning her consent. him or her a special guardian is something that should not be insisted upon. Since in this specific case, after one month of involuntary hospitalization and intensive psychiatric treatment, doctors estimated that the person was capable of giving consent to continue being treated on psychiatric ward, this meant that the person could also decide upon treating physical disease. Therefore, since that moment, the person had the right to refuse or accept treatment of physical disease, just like all other patients pursuant to the Act on Protection of Persons with Mental Disorders. Problems in connection with the procedure of termination of involuntary hospitalization have also been detected. For example, in one investigative procedure, we established that as many as 14 days elapsed between the date on which Municipal Criminal Court reached a Decision authorizing renewal of the procedure and termination of involuntary hospitalization, and the date on which the person was actually released from the hospital. To put it differently, after becoming final, the Decision was forwarded to the Municipal Court, which having conducted a non-contentious procedure, decided upon termination of involuntary hospitalization. This type of conduct, which is a consequence of insufficiently precise legal regulations, represents a problem, given that liberty and rights of people with mental disorders are thus unnecessarily being breached. In previous reports, we pointed to unacceptable conditions of some wards within psychiatric institutions. It is encouraging that in late 2017, patients are planning to be relocated into the new building of the Department for Forensic Psychiatry of the University Psychiatric Hospital Vrapče. However, conditions at the Department of Geropsychiatry are still not satisfactory, despite the fact that its capacity has been improved following reduction of bed numbers by 32

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