In the case referred to in point (b), such a psychiatrist should, as far as possible, be consulted independently of the former. If such a consultation takes place, involuntary admission or maintenance can only take place if the second psychiatrist agrees. „appeal body” means the body established in accordance with principle 17 to verify the involuntary admission or detention of a patient to a psychiatric institution. „mental health facility” means any facility or unit of an institution that provides psychiatric care as a primary function; (15) Clinical trials and investigational treatments should not be carried out on any patient without informed consent, unless a patient who is unable to give informed consent can be admitted to a clinical trial or experimental treatment, but only with the authorisation of a competent and independent investigative body specifically used for that purpose. These principles apply to all persons admitted to a psychiatric institution. 3. The patient and his or her counsel may, at each hearing, request and submit an independent report on mental health and all other reports, as well as oral, written and other relevant and admissible evidence. 4. Copies of the patient`s records and all reports and documents to be submitted shall be provided to the patient and his or her lawyer, except in special cases where it is established that a patient-specific disclosure would seriously harm the patient`s health or endanger the safety of others. As may be provided for under national law, any document that is not given to the patient must be handed over to the patient`s personal representative and lawyer if this can be done confidentially. If a patient is deprived of part of a document, the patient or, where applicable, his or her lawyer receives notification of the detention and the reasons for it and is subject to judicial review.
Everyone with a mental illness has the right to live and work in the community as much as possible. 1. The appeal body shall be an independent and impartial judicial body or other judicial body established in accordance with national law and operating in accordance with the procedures laid down in national law. It relies on one or more qualified and independent psychiatrists to formulate its decisions and takes into account their advice. 1. In particular, every patient of a psychiatric institution shall have the right to full respect for the following: (3) Every person suffering from a mental illness or being treated as such with a mental illness shall have the right to protection against economic, sexual and other forms of exploitation, physical or other abuse and degrading treatment. „mental health care” means the analysis and diagnosis of a person`s mental state, as well as the treatment, care and rehabilitation of a mental illness or suspected mental illness; 2. Everyone who is affected or treated as a mental illness is treated humanely and with respect for the inherent dignity of the human person. (4) The work of a patient in a psychiatric institution shall not be exploited.
Each of these patients shall have the right to receive, for each work he performs, the same remuneration that would be paid to a non-patient under national law or care for that work. In any event, each of these patients has the right to receive a fair share of the remuneration paid to the psychiatric institution for his work. 1. This principle shall apply to persons who are serving custodial sentences for criminal offences or who are otherwise detained in connection with criminal proceedings or investigations against them and who are found to be suffering from a mental illness or who are suspected of suffering from such an illness. 6. Any decision that a person does not have legal capacity because of his or her mental illness and any decision to appoint a personal representative because of that disability shall be taken only after a fair trial before an independent and impartial court established under national law. The person whose management is involved has the right to be represented by a lawyer. If the person whose legal capacity is not himself responsible for such representation, it shall be made available by that person without remuneration in so far as he does not have sufficient means to pay for it. In the same proceedings, the lawyer does not represent a psychiatric institution, its staff or a family member of the person whose status is in question, unless the court is satisfied that there is no conflict of interest. Decisions on the capacity and need for a personal representative shall be reviewed at appropriate intervals required by national law.
The person in question, his personal representative, if any, and any other interested person have the right to appeal against such a decision to a higher court. (2) All such persons should receive the best available psychiatric care in accordance with Principle 1. These principles apply to them to the extent possible, subject to limited modifications and exceptions necessary in the circumstances. Such amendments and exceptions shall be without prejudice to the rights of individuals under the instruments referred to in principle 1, paragraph 5. 1. If a person is to be treated in a psychiatric institution, every effort must be made to avoid involuntary admission. 7. A patient or his or her personal representative or any interested person has the right to appeal to a higher court against a decision to admit the patient to a psychiatric institution or to be placed in a psychiatric institution. (b) in the case of a person whose mental illness is serious and whose judgment is impaired, the non-admission or retention of that person is likely to result in a serious deterioration of his condition or to prevent the performance of adequate treatment, which can be achieved only by admission to a psychiatric institution in accordance with the principle of the least restrictive alternative.
1. Every patient shall have the right to be treated in the least restrictive environment and with the least restrictive or intrusive treatment appropriate to the health needs of the patient and the need to protect the physical safety of others.