CAT/OP/ROU/1/Add.1
National Mental Health and Antidrug Centre together with professional associations
of psychiatrists have started a process to enhance the community – based services
and to develop community mental health centers.
The multidisciplinary working group, coordinated by the Romanian Governmental
Agent for European Court of Human Rights in the Ministry of Foreign Affairs, with
joint representatives from the Ministry of Health, the National Mental Health and
Antidrug Centre, the Ministry of Labor and Social Justice and the Ministry of Justice,
focuses on amending the national legislation in order to grant the persons with
mental disabilities the right to independent legal representation.
According to the mental health law and the rules of implementation for Mental
Health law, all mental health services need to have a complaint register in order
to record and respond to possible complaints filed by patients and/or family
members.
Finally, we would like to highlight the fact that the Ministry of Health supported
the amendments and harmonization of the national specialized legislation in order
to promote the rights of people suffering from mental health disorders and to
reinforce the influence of the competent bodies in monitoring, protecting against
and preventing ill treatments for this vulnerable population. To this end, the
Mental Health Law was revised in 2012 due to the fact that during its
implementation multiple inconsistencies were signaled both with internal laws like
the Family Code, the Penal Code, as well as with international treaties concerning
fundamental rights and freedoms, like the Universal Declaration on Human Rights,
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and the European Convention for the Protection of
Human Rights and Fundamental Freedoms.
I.
People’s Advocate Response
On 3 May and 12 May 2016, the Subcommittee on the Prevention of Torture
(SPT), during its first regular visit to Romania, had a meeting with the People's
Advocate and members of the Field on the prevention of torture in places of
detention, which fulfils the duties of the National Prevention Mechanism against
Torture in Places of Detention.
Regarding the issues noted by the members of the Subcommittee on the Prevention of Torture,
we mention the following:
By the Government Emergency Ordinance No. 48 of June 26, 2014 for amending
and completing the Law No. 35/1997 regarding the organization and functioning of
the People's Advocate Institution, as well as for the modification and completion
of some normative legal acts, approved by Law No. 181/2014, the People's
Advocate Institution has been designated as the only national structure to
exercise the powers provided for in the Optional Protocol, adopted at New York
on 18 December 2002, to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, adopted at New York on December 10,
1984, ratified by Law No. 109/2009.
1. Regarding the steps taken to prevent and investigate any possible reprisals
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