Table 3.
The legal rights of patients
| Patients' rights* | Protection† | |
|---|---|---|
| Australia | Various rights (eight states reviewed) | Various provisions in each legislation (eg, right to information), reviews by tribunals, interpreters, communication, visits, statutory statement of rights, and complaints procedures |
| Austria‡ | Advocate and information | Risk threshold is high (life or health) |
| Belgium‡ | Independent legal representation, choice of psychiatrist, information, after care, correspondence, privacy, visits, and leave of absence | The Constitution and supervision by public prosecutor of legislation |
| Cyprus‡ | Give evidence at court, appoint own representative, information, and aftercare | Mental Health Commission, a supervisory committee for the Protection of the Rights of the Mentally Ill, provides assistance with implementation of the Mental Health Law |
| Denmark‡ | Advocate, information about coercion, and appeal decision to coerce | Respecting patients' rights, standard of care, house rules of the hospital with patients' participation, treatment plan, and patients' wishes and preferences taken into account |
| England and Wales‡ | Leave of absence, after care, independent mental health advocate, and information | Next of kin's rights |
| Finland‡ | Patients' opinion to be taken into account before treatment can be ordered, information, and independent representative | Fundamental rights' care plan, court-appointed legal counsel, and legal aid |
| France‡ | Information, advocate, appeal, vote, communication, dignity, and privacy | Same rights and individual freedoms as other patients, principle of proportionality when it comes to restriction of patients' freedoms, retention of citizen's rights, reviews every 6 months by the judge |
| Germany‡ | Legal representation for court proceedings in matters of involuntary hospitalisation, 16 states have own provisions that vary slightly, but the majority include right to information, personal freedoms, visits, communication, and aftercare | 16 states have own provisions, which vary slightly, but the majority include respecting patients' dignity, data protection, privacy, least possible interference with personal freedom, self-determination, principle of proportionality with regards to restriction of patient's freedom, and Visiting Commission |
| Greece‡ | Appeal and application to stop detention | Treatment with respect, restrictions on patient's freedom can only be established by his or her state of health and his or her needs |
| Italy‡ | No restriction on civil rights during involuntary hospitalisation | Constitution |
| New Zealand | Interpreter, welfare guardian, and legal representation free of charge | Bill of Rights Act 1990, the Human Rights Act 1993 (concerning discrimination), and the Privacy Act 1993, respect of cultural identity and beliefs, information, and review |
| Northern Ireland‡ | Leave of absence, correspondence, and information | The Regulation and Quality Improvement Authority |
| Norway‡ | Information, appeal, lawyer, and legal aid | The Civil Ombudsman's Prevention Unit Against Torture and Inhuman Treatment by Detention, Monitoring Norway's Compliance with the UN Torture Convention |
| Portugal‡ | Fundamental rights, legal representation, complaint procedures, appeal, right to vote in government elections, communication, and information | Monitoring Commission |
| Ireland‡ | Information, dignity, privacy, legal representation, appeal, and absence of leave | Best interests to be taken into account, and Mental Health Commission |
| Scotland‡ | Independent advocacy, named person, advanced statement of wishes, and appeal | Non-discrimination, equality, diversity, reciprocity, informal care, participation, least restrictive alternative, and benefit |
| Spain‡ | To be heard during court proceedings, legal representation, and appeal | Judge to consider second opinion of court-appointed independent physician |
| Sweden‡ | Representative and appeal | Principle of proportionality when it comes to using coercive measures |
| Switzerland‡ | Information, representative, treatment plan in consultation, patient's wishes for treatment, future treatment on discharge, and after care | Kindes und Erwachsenenschutzrecht (child and adult protection law) and the Constitution |
| The Netherlands‡ | Information, free legal representation, and after care | Free legal representation |
*
Rights accompanying involuntary hospitalisation (eg, right to an independent advocate or legal representation and statutory right to aftercare).
†
Provisions to help protect patients' human rights (based on the UN Universal Declaration of Human Rights).
‡
Parties to the European Convention on Human Rights.