Issue: № 12, 2024
Doi: https://doi.org/10.37634/efp.2024.12.3
Introduction. The rights and interests of individuals with mental disorders require special oversight and protection by the state, as they are among the most vulnerable groups in society. This issue has become particularly relevant due to the significant increase in the number of individuals with mental disorders, initially triggered by the COVID-19 pandemic and further exacerbated by Russia's full-scale invasion of Ukraine. According to the World Health Organization (WHO), approximately 10 million people in Ukraine are at risk of mental disorders as of 2023, and this number is expected to continue growing. The growing demand for psychiatric services challenges healthcare systems and requires substantial resources. This paper addresses the classification of patient rights within the context of psychiatric care, an area that has received insufficient academic attention. The purpose of the paper is to analyze the general approaches to the classification of patient rights and to develop a specific classification for patients receiving psychiatric care. This classification takes into account the patient’s legal status, organizational-legal features, and the regulatory frameworks governing this type of medical care. Results. The examination of existing approaches to the classification of patient rights, as discussed in the works of other scholars, reveals a lack of adequate systematization of patient rights in the field of psychiatric care. This study proposes a classification based on two criteria: the type of psychiatric care (psychiatric examination, outpatient, or inpatient care) and the procedure (general – voluntary, special – compulsory). Each category reflects distinct legal relationships and the patient’s legal status. Conclusion. By integrating these criteria, a comprehensive, multidimensional classification of patient rights can be created. This approach allows for a more thorough analysis of the various aspects of psychiatric care in the context of civil law relationships, ensuring a systematic and legally grounded understanding of patient rights in this sensitive field.
Keywords : patient rights, psychiatric care, classification of patient rights, involuntary psychiatric treatment, legal status of the patient, types of psychiatric care
References:
1. About 10 million people in Ukraine are at risk of mental disorders – WHO. Ukrinform, 2024. URL: https://www.ukrinform.ua/rubric-society/3904969-v-ukraini-blizko-10-miljoniv-ludej-maut-rizik-psihicnih-rozladiv-vooz.html (in Ukrainian).
2. Fundamentals of the Legislation of Ukraine on Health Protection: Law of Ukraine from November 19, 1992, No. 2801-XII. Official Bulletin of the Verkhovna Rada of Ukraine. 1993. No. 4. art. 19. URL: https://zakon.rada.gov.ua/laws/show/2801-12#Text (in Ukrainian).
3. On State Financial Guarantees of Medical Service for the Population: Law of Ukraine from October 19, 2017, No. 2168-VIII. Official Bulletin of the Verkhovna Rada of Ukraine. 2018. No. 5. art. 31. URL: https://zakon.rada.gov.ua/laws/show/2168-19#Text (in Ukrainian).
4. Lisnycha O. Patients' Rights in International Documents and National Legislation of Ukraine. Knowledge • Education • Law • Management Nauka • Oświata • Pravo • Zarządzanie. 2020. № 4 (32), vol. 2. pp. 69–75. URL: https://doi.org/10.51647/kelm.2020.4.2.14
5. Shchyrba M. Yu. Legal Status of Patients: Theoretical and Legal Research: dis. … PhD in legal sciences: 12.00.01. Lutsk, 2020. 509 p. (in Ukrainian).
6. Myronova G.A. Absolute human rights in the field of healthcare: legal grounds for restriction. Medicne Pravo. 2021. № 2 (28). pp. 57–70. URL: https://doi.org/10.25040/medicallaw2021.02.057
7. Halai V. O. Realization of Human Rights and Citizenship in the Context of Patient Rights Protection: Theoretical and Legal Aspect: dis abstract … PhD in legal sciences: 12.00.01. Kyiv, 2010. 20 pp (in Ukrainian).
8. Medical Law / ed S.B. Buletsa; M.V. Mendzhul. Uzhhorod, 2021. 720 pp (in Ukrainian).
9. Stetsenko S.H., Stetsenko V.Yu., Senyuta I.Ya. Medical Law of Ukraine. Kyiv, 2008. 507 pp (in Ukrainian).
10. On Psychiatric Care: Law of Ukraine from February 22, 2000, No. 1489-III. Official Bulletin of the Verkhovna Rada of Ukraine. 2000. No. 19. URL: https://zakon.rada.gov.ua/laws/show/1489-14#Text (in Ukrainian).
11. Ministry of Health of Ukraine. Order "On Approval of the Procedure for Preliminary, Periodic, and Extraordinary Psychiatric Examinations, including for Psychoactive Substance Use" from April 18, 2022, No. 651. URL: https://zakon.rada.gov.ua/laws/show/z0648-22#Text (in Ukrainian).
12. Criminal Code of Ukraine: Law of Ukraine from April 5, 2001, No. 2341-III. Official Bulletin of the Verkhovna Rada of Ukraine. 2001. No. 25–26. URL: https://zakon.rada.gov.ua/laws/show/2341-14#Text (in Ukrainian).