ADMITTING A MENTALLY ILL PERSON INCAPABLE OF INDEPENDENT EXISTENCE TO A PSYCHIATRIC HOSPITAL WITHOUT CONSENT – GLOSS TO THE DECISION OF THE SUPREME COURT

The conditions for compulsory admission to a psychiatric hospital under Art. 29 of the Mental Health Act apply only to the person to be admitted, they lack the element of protection of third parties (as opposed to admission under Articles 23 and 24 of this Act). Due to the fact that any admission without consent to a psychiatric hospital constitutes an interference with fundamental human rights (the right to freedom and to decide about one’s life), the provisions authorizing such admission must be strictly interpreted. Art. 29 provides for two groups of reasons for admission without consent: 1) counteracting the deterioration of health and 2) its improvement. Due to the fact that placement in a psychiatric hospital is the most onerous way of treating the patient, the guardianship court is obliged to consider whether less drastic methods of therapy will not be effective in such a case.