Prisilno zadržavanje i prisilni smještaj osoba sa duševnim smetnjama u zdravstvene ustanove - medicinski i pravni aspekti
Forced Retention and Involuntary Hospitalization of Persons with Mental Disabilities in Health Care Facilities - Medical and Legal Aspects

Author(s): Ervin Mujkić, Omer Ćemalović
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Public Law, Evaluation research, Health and medicine and law
Published by: Fondacija Centar za javno pravo
Keywords: Public law; legislation; healthcare; mental disorder; patient; patients rights; involuntary hospitalization; human rights;
Summary/Abstract: Involuntary hospitalization of persons with mental disorders is a complex medical and legal issue that opens up a range of ethical dilemmas. Society has a legitimate right to protect itself from those who threaten the social order, including those who do it due to illness. Therefore, involuntary hospitalization of persons with mental disorders is considered permissible and acceptable method of social protection and control over these people. Given that certain basic human rights are being significantly restricted in this way, it is necessary to ensure that the procedure for involuntary hospitalization takes place in a lawful manner. The authors of this paper point out the most important medical and legal aspects of involuntary hospitalization, indicate the ambiguities in the current regulations that lead to certain dilemmas in practice, and give proposals de lege ferenda.

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