Forcible treatment (imposition) in psychiatry is subject to strict rules as it involves serious interference with personal freedom.
Types of Internment
- Voluntary: Written consent of the patient
- Immediate force: Danger of harming oneself/others (24-48 hours)
- By court order: Temporary deposit
Urgent Admission
- By physician's decision
- Temporary for 24-48 hours
- Then referral to court is required
- Discharge if there is no court approval
By Court Decision
- Civil Court of Peace
- The patient is heard (if possible)
- Expert report (psychiatrist)
- Permanent decision (3-6 months)
- Re-evaluation at the end of the period
Patient's Rights
- Seeing a lawyer
- Informing relatives
- Communication
- Explanation of the treatment protocol
- Objection to the decision
Grievance Cases
- Unfair admission
- Deposit for family benefit (smuggling of goods, etc.)
- Violation of treatment protocol
- Exceeding the limitation periods
Supreme Court 4th HD and Constitutional Court
AYM states that forced hospitalization in psychiatry Constitution Article 19 is an interference with personal freedom, strict judicial control. It accepts that it is necessary and that victims can demand material and moral compensation.
Health and human rights lawyer recommended.