How do you challenge a decision to restrict communication with the outside world and, if necessary, request compensation?

Any decision to restrict your communication with the outside world must be made by a doctor. If you believe that this prohibition was not necessary in your situation, or that it was applied too restrictively or for too long a time, you should challenge the decision of the doctor according to the procedure explained in the Medical Treatment Law, which is as follows:

Step 1 — Challenge to the health care institution

You can challenge the decision of the doctor with the head of the mental health care institution within one month. The head of the mental health care institution has to consider your complaint within seven days.

Step 2 — Appeal to the Health Inspectorate

If you disagree with the decision of the head of the mental health care institution, you can appeal it to the Health Inspectorate within one month. The Health Inspectorate has to consider your complaint within twenty days.

Step 3 — Appeal to the court

If you disagree with the decision of the Health Inspectorate, you can appeal this decision to a court of general jurisdiction within one month. You cannot appeal the decision issued by the court.

Compensation

You have the right to compensation if the restriction on communication has been applied unlawfully.

Resources

Last updated 30/03/2023