In simple terms, the right to liberty and security is the right to be physically free and not to be unlawfully detained. In the context of an individual’s right to health, the right to liberty and security also protects a person from involuntary placement in a medical institution.
A person’s health & Liberty and security
Everyone has the right to health, but this does not mean that medical treatment should be arbitrarily imposed without a person’s consent. Involuntary placement in a medical institution may constitute an unlawful deprivation of liberty.
According to the European Convention on Human Rights, deprivation of liberty for the following health-related reasons may be lawful:
- for ill persons: to prevent the spread of infectious diseases
- for persons of unsound mind: when such a measure is truly necessary (e.g., to prevent a person from causing harm to oneself or others)
- for alcoholics and drug addicts: e.g., to prevent dangerous behaviour or health risks
Mandatory treatment of infectious diseases
Infections that require mandatory and forced isolation and treatment are defined by the law.
If an infection has been detected or there is serious suspicion that a person has an infectious disease, the person has to undergo:
- medical and laboratory examination
- isolation
- treatment
note The forced isolation of a person shall not exceed 21 days (for tuberculosis – no longer than 90 days)
Involuntary mental health care
According to Latvian law, a person should receive psychiatric assistance even without their consent if that person:
- has threatened or threatens others, tried to injure themselves or another person, or behaves violently
- the patient is unable to care for themselves or those entrusted to them (e.g. children)
A person may be involuntarily placed in a mental health care facility in 4 cases:
Read more about Involuntary placement & Mental health care in this Guide.
Mandatory treatment of child alcoholics and drug addicts
The Latvian law does not foresee mandatory (forced) medical treatment for adult alcoholics and drug addicts.
However, child alcoholics and drug addicts may be subject to mandatory medical (narcological) treatment only in those cases where the child has such severe intoxication from alcohol, narcotic or psychotropic drugs that:
- the child’s life is endangered
- the child is endangering his or her family, himself or herself or other persons due to mental dysfunction.
The medical treatment can be undertaken on an outpatient basis (organized by a narcologist in cooperation with a general practitioner) or on an inpatient basis (in a hospital).