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.