Zakonitost smještaja osoba sa duševnim smetnjama u ustanove socijalne zaštite u Federaciji Bosne i Hercegovine
Lawfulness of the accommodation of persons with mental disorders in institutions of social protection in the Federation of Bosnia and Herzegovina

Author(s): Adisa Mehić, Suvada Sofić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Public Law, Evaluation research, Health and medicine and law, Welfare services
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional court; BiH; FBiH; healthcare; health system; mental disorder; patients rights; accommodation; lawfulness; social protection;
Summary/Abstract: The institutionalization of persons with mental disabilities in social care institutions without their consent might be seen as deprivation of their liberty or violation of the Article 5, Paragraph 1, Item e, of the European Convention on Human Rights and Freedoms. Therefore in the process of accommodation of persons with mental disabilities in social care institutions must insure legality of that accommodation and compliance with the provisions of the European Convention and jurisprudence of the European Court of Human Rights. This opens the question of harmonization of national legislation in the manner that they provide protection against illegitimate deprivation of liberty of persons with mental disorders. In this paper we consider the procedure of accommodation in social care institutions in the Federation of Bosnia and Herzegovina with an emphasis on people with mental disorders in relation to the legal framework, practical aspect and the legal practice of the Constitutional Court of Bosnia and Herzegovina established by several appeals submitted by users of social care institutions. In this respect we consider the practice of European Court of Human Rights and standards established. The findings we obtained are used as a basis for defining recommendations on possible ways for systemic solving the issue of legal accommodation of persons with mental disabilities in institutions of social protection.

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