What are the requirements and procedure for lawful involuntary placement?
Placement in a mental health care institution must be lawful. This means that involuntary placement must be:
- Allowed by law. The law has to explain both the grounds for such placement as well as the procedure and basic rights during the procedure.
- Executed in a non-arbitrary way. It means that the responsible authorities must examine whether the grounds for placement apply to your case specifically and that the procedures are being correctly followed.
Involuntary placement & Human rights
If your involuntary placement was not carried out lawfully, it can result in the violation of the right to liberty and the security of a person.
About this section
This section will explain how to assess whether the involuntary placement has been allowed by law and is non-arbitrary as well as the placement procedure and your basic guarantees during the procedure. It will also explain how to complain if you believe that your involuntary placement has not been lawful.
Human Rights Guide
A European platform for human rights education