If you are suffering from any kind of impairment to your mental health, the prison administration will have to take extra care in ensuring your safety and well-being.
If your mental health requires it, you must be given the opportunity to receive regular treatment, including consultations with qualified specialists and medication prescribed by a doctor. The level of medical treatment required for prisoners with mental illness should go beyond basic care.
Duty of diligence
The prison staff and prison doctor must pay special attention to ensure that the mental health of people in prison does not worsen. However, if you do not feel well, you should inform the doctor or prison staff.
Treatment with and without consent
Mental health care must be voluntary and based on your informed consent. This means that, as a general rule, you should receive an explanation about why you need certain treatment, what the effects will be and your consent will be required.
However, there are exceptional situations when the state of your mental health may require psychiatric healthcare without your consent or even an involuntary placement in a hospital or mental health care institution. According to the Public Health Code, if your mental disorder(s) make it impossible for you to give your consent, then you will receive a psychiatric treatment without your consent and you will be placed in a hospital or a mental health institution. This will also be the case if you are a danger to yourself or to others due to your mental disorders.
What human rights violation may there be?
Prohibition against inhumane or degrading treatment
If you are suffering from impairment to your mental health and you have not received appropriate treatment, this may violate the prohibition against inhumane or degrading treatment. However, the effect that the lack of medical treatment leaves on your physical and mental condition must reach a certain level of severity.
Read more about how to evaluate whether your rights have been violated.
Right to life
If someone’s mental condition has not been adequately noticed and treated and this has led to his/her death, it may be a violation of the right to life. Read more about how to evaluate whether the right to life has been violated.
How to complain
If you believe that your rights have been violated, you should complain to the prison administration. Read more about how to complain.