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English Language Page The right to freedom is provided for by Federal Law “On Psychiatric Care and Guarantees of Rights of Citizens in Therapy” in the right to safety and the right to involuntary treatment of pathologic conditions that are life-threatening and serve as the basis for special hospitalization (Part 1, Articles 29, 30 and Part 6, Article 39). It is first and foremost a direct danger to oneself and to others that are associated with high risks of suicidal and aggressive behavior, as well as helplessness and pathological conditions requiring urgent psychiatric assistance without which one’s health can be significantly undermined. The right to freedom is represented in the law through an entire category of rights: observation of voluntary consent, the principle of non-restraint, information, freedom of conscience, the right to hospitalization whose duration is justified exclusively by medical indications, as well as the right to legal protection. The priority given to the right to life over the right to freedom does not mean that involuntary measures can be undertaken in full oblivion of the rights to freedom and the dignity of the human being. The law prescribes that psychiatric care should be provided “in the least restrictive conditions.” The right to dignity of the human being is reflected in the law not only through “the right to respectful treatment excluding humiliation,” but also through the principle of confidentiality and the right to participate in elections, accounted for by the law. These three rights directly recognize the priority of an individual approach in the law — alongside the category of rights to freedom — recognition of the sovereignty of the human being. |
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