Usklađenost propisa o zaštiti osoba sa duševnim smetnjama Federacije BiH sa međunarodnim dokumentima
Compliance of regulations on the protection of persons with mental disorders of the Federation of BiH with international documents

Author(s): Adisa Mehić, Snježana Bodnaruk
Subject(s): Law, Constitution, Jurisprudence, Psychology, Constitutional Law, International Law, Human Rights and Humanitarian Law, Public Law, Health and medicine and law
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; legislation; BiH; FBiH; healthcare; health system; mental disorders; Law on Protection of Persons with Mental Disorders; patient activism; patients rights; protection; International law;
Summary/Abstract: In International law, the status of persons with mental disabilities is regulated within the framework on the protection of persons with disabilities. Their rights are protected not only by international treaties comprising legal provisions of binding character for the parties but also by means of the so-called “soft law“ comprising international documents which are not legaly binding. Most of the general and subject-specific treaties on human rights do not explicitly deal with the status of persons with disabilities. Only recently have some treaties been made containing legal provisions on special protection of persons with disabilities. The most important treaty of this kind is the UN Convention on the Rights of Persons with Disabilities, adopted in the year 2006. The protection of such persons is regulated in much more detail by “soft law“ which includes a number of documents adopted by the UN, the Council of Europe and the European Union. Although most of these documents primarily pertain to the rights and the status of persons with disabilities, there are a few that exclusively deal with the protection of persons with mental disorder. In this paper we present an overview of compliance of regulations of the Federation of Bosnia and Herzegovina for the protection of persons with mental disorders with international documents in this area. The focus will be the Law on Protection of Persons with Mental Disorders which regulates the basic principles, organization and implementation of measures for the protection of this category of patients. In this regard the paper aims to determine the level of compliance and find out whether the current legal framework of the Federation of Bosnia and Herzegovina is sufficient for quality protection of persons with mental disorders. Also it is important to identify legal issues that still need to be improved in terms of international regulations as well as with jurisprudence of the European Court of Human Rights and views and recommendations of the Council of Europe.

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