Cap. 525 ст. 3Rights of mental healthcare users.

(1) Without prejudice to anything provided in this Act and unless prevented by law, persons with a mental disorder shall have the right to:

(a) exercise all civil, political, economic, social, religious, educational and cultural rights respecting individual qualities, abilities and diverse backgrounds and without any discrimination on grounds of physical disability, age, gender, sexual orientation, race, colour, language, religion or national or ethnic or social origin;

(b) receive treatment of the same quality and standard as other individuals;

(c) receive treatment which addresses holistically their needs through a multidisciplinary care plan approach;

(d) receive treatment in the least restrictive environment and in the least restrictive manner;

(e) receive care primarily in the community;

(f) aftercare and rehabilitation when possible in the community so as to facilitate their social inclusion;

(g) be adequately informed about the disorder and the multidisciplinary services available to cater for their needs and the treatment options available;

(h) actively participate in the formulation of the multidisciplinary treatment plan;

(i) give free and informed consent before any treatment or care is provided and such consent shall be recorded in the patient’s clinical record. This is without prejudice to the patient’s right to withdraw consent;

(j) have a responsible carer of their choice whenever possible;

(k) confidentiality of all information about themselves, their illness and treatment in whatever form stored, which information shall not be revealed to third parties

(iii) ordered by court to do so; or

(iv) whosoever is requesting such information is entitled by law to receive it;

(l) access to their clinical records unless, in the opinion of the responsible specialist revealing such information may cause harm to the person’s health or put at risk the safety of others. When any information is withheld, the patient or the responsible carer, may contest such decision with the Commissioner;

(m) be informed within twenty-four hours of admission to a licensed facility or on receiving a Community Treatment Order, of their rights in a form and language which the patient understands, which information shall include an explanation of those rights and how to exercise them;

(n) full respect for their dignity;

(o) protection from cruel, inhuman and degrading treatment;

(p) privacy unless there is a serious risk to the person’s health or the safety of others;

(q) a safe and hygienic environment;

(r) free and unrestricted communication with the outside world when receiving treatment in a licensed facility, unless such freedom is detrimental to the patient’s health or it impinges on the rights and freedoms of other people. In such circumstances application to the Commissioner for approval to restrict such freedom shall be sought by the responsible specialist on the relevant form in accordance with the First Schedule;

(s) receive visitors in private within all reasonable times unless such visiting is detrimental to the patient’s health or it impinges on the rights and freedoms of other people. In such circumstances application to the Commissioner for approval to restrict such visiting shall be sought by the responsible specialist on the relevant form in accordance with the First Schedule.

(2) If and for as long as the patient lacks the mental capacity to understand any information regarding his rights, then such information shall be communicated within 24 hours to the responsible carer.