The Foundations of Mental Health Law
Mental health law in Georgia rests on a special law whose aims are to ensure the accessibility and continuity of psychiatric help for persons with mental disorders, to protect their rights, freedoms and dignity, and to define the rights and duties of psychiatric workers. This dual aim — help and protection — determines the entire legal architecture of the field.
The central principle of the law is that help is provided according to medical necessity, on the basis of the person's request or informed consent, save for the exceptional cases provided by law. A patient under 16 receives help on the request or informed consent of a legal representative, with the patient's participation in the decision required to the extent of his age and condition. Physicians-psychiatrists are independent in their decisions and are guided only by medical necessity and professional ethics.
The Patient's Fundamental Rights
The patient has the right to humane treatment excluding any action degrading his dignity; appropriate treatment according to medical necessity, with minimal restriction of conditions, by approved methods and, as far as possible, close to his place of residence; full, objective and understandable information about his illness and the intended help; access to his medical documentation; refusal of treatment; the services of an advocate; and the filing of complaints with the court and other institutions.
The list continues: participation in elections and in private-law relationships unless declared incapacitated by a court; medical help in non-psychiatric institutions; social protection; sanatorium and resort services; education and professional training. The advocate and the legal representative have the right to examine any medical documentation about the patient and to request copies — the request is submitted to the administration in writing.
Restriction and Treatment
It is prohibited to restrict the patient's rights solely on the basis of a diagnosis of mental disorder: any restriction must rest not only on the diagnosis but on the person's mental condition and degree of social adaptation. Restrictions on particular professional activities are established by legislation under a defined procedure. This norm is a legal barrier against stigmatisation.
Treatment is conducted with the patient's informed consent, confirmed by signature in the medical documentation. Refusal of treatment is recorded in the documentation. Treatment by active biological methods — shock, convulsive and others — is admissible only with a due indication, informed consent, and solely on the basis of a decision of a commission of physician-psychiatrists.