Abstract:
Abstract. The authors have accomplished analysis of national and international legislation, which regulates the provision of forced psychiatric care regarding the observance of the rights of persons suffering from mental disorders. The specifics of cases of forced medical care’s provision in the context of the compliance with the Convention on the Protection of Human Rights and Fundamental Freedoms have been studied. The consequent impact of forced psychiatric treatment on human rights has been highlighted. The approach to the treatment of persons with mental disorders focused on guaranteeing the protection of such persons and ensuring their rights has been studied. Methodology. The authors of the article have used a combination of general and special scientific methods of building and carrying out scientific research, in particular, the formal and logical method, the formal and dogmatic method, analysis and synthesis, interpretation of legal norms, the method of comparative legislation, the systemic and structural method.
Results. It has been established that the restriction of personal freedom in the form of forced hospitalization for providing medical care is possible, if persons pose a danger to themselves or others due to mental disorders. The authors have established cases of rights violations of persons with mental disorders (to freedom and personal integrity, to privacy, the right not to be tortured, etc.). The need to use the least restrictive measures while determining treatment approaches has been substantiated. The authors have defined the main areas of reform, which should include the fight against social isolation and inequality by influencing social determinants of health.
