The problem of compulsory drug treatment exists almost as long as the drugs themselves. Without motivation and voluntary consent, it is almost impossible to cope with a terrible dependence, but what if a person does not want to admit illness? For a long time in Russia did not consider it necessary to introduce the practice of compulsory treatment, a person had to realize his own dependence and go to the doctor. Today the situation has changed - in exceptional cases the court can send the addict to compulsory therapy and rehabilitation.
Legal side of compulsory treatment of
In our country there was no law on compulsory treatment of drug addicts - in the Federal Law "On narcotic drugs and psychotropic substances" it was clearly stated that for the treatment( that is, medical intervention) of an adult, "informed voluntary consent".
Legally there is no such law and now - in 2013 amendments to several documents were adopted:
- Criminal Code,
- Criminal Procedure Code;
- Code of Administrative Offenses;
- the above-mentioned Narcotics Act.
These innovations have reinforced the right of judges to send drug abusers who violated the law to compulsory therapy and rehabilitation.
However, if the addict should already be treated, but refuses or secretly accepts illegal drugs, the treatment will certainly be appointed in a court order. In this case, it will indeed become mandatory. But this is only one of several points of "medical" amendments.
On the video about the legal and practical side of compulsory drug treatment:
How and when can I send a person for treatment?
Voluntary consent to medical treatment, rehabilitation and all sorts of therapeutic programs is the most important moment of successful therapy. Only a person fully aware of their dependence and ready to do everything to return to their old life can break with drugs. For a long time, the state considered that human rights, first of all, forced a Russian citizen to undergo treatment for drug addiction, even a court had no right.
But today the problem of drug addiction in our country has become so horrendous that the authorities decided to send drug addicts to the clinic forcibly if they do not want to be treated openly or committed an administrative offense. An important point: serious crimes and imprisonment in this list of "misdemeanors" are not included.
So, the judge can make a decision on compulsory treatment of drug addiction in a person in the following cases:
- The patient is already on treatment, but does not follow the doctor's recommendations, does not undergo therapy or uses drugs in parallel.
- If a person is an addict, accepts illegal drugs and at the same time committed an administrative offense.
- If the addict has already been assigned a specific penalty( fine, deprivation of the right to occupy specific positions, compulsory / correctional works, restriction of freedom).
In order for a court to send a drug abuser for treatment, first of all it is necessary to prove that he is a drug addict. To do this, relatives of drug addicts must submit to the court an official medical examination from a narcologist.
After this the judge has the right to send a person from the dock immediately to the state clinic, where the narcologist must carefully examine the patient and prescribe the treatment. It can be different: only stationary, stationary with the subsequent transition to out-patient or immediately out-patient. It depends exclusively on the state of the drug addict, because the main thing in treatment is an individual approach.
However, all these nuances are not directly spelled out in the law. Since there is no full-fledged network of state drug treatment clinics in the country, it is not completely clear who will bear the costs of treating addicts who have broken the law. And also how the examination and therapy will be conducted.
Forced adolescent treatment
The issue of compulsory treatment of adolescent drug addicts is rather delicate. On the one hand, drug laws and the fundamentals of protecting the health of citizens clearly state that the treatment of minors from drug addiction is permitted with the consent of one of the parents or the legal representative of the child. The only exception is when the child becomes an able citizen before the age of 18, that is, by the decision of the guardianship authorities or at the time of marriage.
But if a child grows up in a dysfunctional family and at the same time mom and dad keep their parental rights, the chances that someone will send a young drug addict to be treated are minimal. And the most sad thing is to convince a young drug addict that he has to be cured for the sake of a full future life, is much harder than an adult. Therefore, the effectiveness of compulsory treatment here is a big question.
Since criminal responsibility in our country comes from 16 years( and on some points and from 14 years), many young drug addicts fall under the effect of new amendments on involuntary therapy. But human rights activists are sure that the rights of a judge in this matter are not enough. Therefore, today the State Duma plans to introduce bills, according to which the juvenile commission will be able to send children for compulsory treatment. And also - about the compulsory examination of an expert in narcology, if a teenager is "caught" for using drugs.
Can I get a person to be treated?
Effectively forced treatment of drug addicts or not - this is disputed by drug addicts, human rights defenders, heads of clinics and rehabilitation centers and even officials. After all, the main condition for successful therapy and turning a drug addict into a full member of society is the necessary motivation.
According to experts, even if an addict initially came to be treated for coercion, but felt support and received the necessary motivation, the chance of recovery is very high. But most agree in opinion - the necessary levers that can force a drug addict( especially with experience) to abandon the banned doping and to be treated, does not exist. Neither relatives, nor doctors, nor commission on affairs of minors, nor the judge can not forcefully explain to the person that it is time to be treated.
Such a service is provided by many narcological clinics: relatives make an application, and a group of psychologists come to the drug addict home. Most often, a long and careful conversation( sometimes up to 9-10 hours) is enough to allow a person to immediately go to the hospital and begin treatment. Many centers, where former drug addicts work as volunteers, offer a conversation with such people. Talking with a person who has already passed through a real hell and managed to return, can become for the addict truly fatal.
On the video on how to get the addict to be treated: