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F.
Safeguards in the context of involuntary placement2
1.
Initial placement procedure
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Who decides on the involuntary placement? According to what procedure?
Does an involuntary placement order issued by a non-judicial body have to be approved by a court?
Is the person concerned heard by the decision-making body? Where does the hearing take place? At
the institution?
Is the placement decision based on objective medical expertise, including of a psychiatric nature?
Is a second (independent) doctor always/in some cases involved?
Is the placement order limited in time or for an indefinite period?
Written notification? Information on reasons for placement?
Appeal procedures? To an independent body? Are residents informed about the possibility and
modalities of lodging an appeal? Are they heard in the context of the appeal procedure?
If admitted on a voluntary basis, is the consent properly recorded (special form requiring resident’s
signature)?
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Transformation of voluntary into involuntary stay: Is an involuntary civil placement procedure
initiated in the event that a resident who has been admitted on a voluntary basis withdraws his/her
previous consent to the placement and is prevented from leaving the institution or that the person
concerned is no longer capable of giving his/her valid consent? Do the same safeguards apply to such
“retained” residents and those who have been admitted on an involuntary basis?
2.
Review procedures
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Regular reviews of the involuntary placement decision? Automatic (ex officio) and/or at the request of
the resident or his/her representative?
In which intervals is the placement decision reviewed? Involvement of a court or another independent
body?
Is the resident heard in person? At the institution?
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G.
Safeguards in the context of involuntary treatment
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Consent to treatment distinguished from consent to admission?
Consent free and informed?
Involvement of a second (independent) doctor/decision-making body or court in all/some involuntary
treatment decisions?
Exceptions to the possibility to refuse treatment only based on law and relating to clearly-defined
exceptional circumstances?
Possibilities of withdrawal of previous consent to treatment and appeal against involuntary treatment
decision?
Consent properly recorded? Are there situation in which the written consent of the resident is
required?
Regular reviews of involuntary treatment orders? Automatic and/or upon the request of the resident or
his/her representative? Independence of review? Frequency of review?
Safeguards in the context of involuntary placement should apply to all residents of social care institutions who are deprived of
their liberty. This also includes residents who are formally regarded as “voluntary”, but who are in practice not free to leave
the institution and who are thus de facto deprived of their liberty.