Fear and stigma around psychiatric care often become an obstacle even to deciding to see a family doctor about one’s mental health.
If a child is developing psychological disturbances, it is important to see a family doctor or paediatrician as soon as possible so that they decide whether treatment is needed and, if necessary, refer the child to a paediatric psychiatrist. Or one can go straight to a paediatric psychiatrist, just as we visit other children’s doctors, such as an ophthalmologist or an ENT specialist. Early intervention is a key to success.
Psychiatric care is now focused on human rights observance, so in Ukraine they passed a number of amendments to the national law on psychiatric care along with the approval of the Cabinet of Minister’s Concept of mental health development in Ukraine for the period until 2030.
Important steps have been taken to protect patients with mental disorders. In particular, the Order of the Ministry of Health No. 1063 of 13 May 2019 “On invalidation of the Order of the Ministry of Health of Ukraine No. 20 of 22 January 2007 ‘On approval of the Instruction on arranging dispensary and consultative supervision of persons suffering from mental disorders in the provision of outpatient psychiatric care’” abolished dispensary registration for people with mental disorders.
Important! According to Article 39-1 of the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Healthcare”, the patient shall have the right to privacy of his or her health status, the fact of seeking medical help, diagnosis, as well as the information obtained within the course of his or her medical check-up. It is prohibited to request and provide information about the patient’s diagnosis and treatment methods at the place of work or study.
Important! According to Article 11 of the Law of Ukraine “On Psychiatric Care”, in case of disagreement of one of the parents or in the absence of parents, a psychiatric examination of a person under the age of 14 (a minor) shall be carried out by decision (consent) of the guardianship and custody authority, which is made no later than 24 hours after the other legal representative of the said person has applied to this authority.
Compulsory examination of a child, as well as outpatient and inpatient treatment of a child (if the parents do not agree) is carried out in three situations:
- A child, as a result of a mental disorder, poses a danger or threat to him/herself (suicidal behaviour).
- A child poses a danger or threat to others, showing aggression due to a mental.
- A child is unable to ensure his/her vital activity due to a mental disorder.
Important! According to Article 25 of the Law of Ukraine “On Psychiatric Care”, persons receiving psychiatric care have the right to:
- refuse to receive psychiatric care, except cases when it is provided under the compulsory procedure provided for by law;
- receive all types of medical and sanitary assistance (including sanatorium and resort treatment) for medical indications;
Every child has the right to education. Parents have the right to choose an educational institution, educational programme, type and form of education for their child. Schools or kindergartens requested by parents of a child with special educational needs are obliged to create an inclusive class or group in accordance with Article 55 of the Law of Ukraine “On Education”.
Every person with disability has the right to work. According to Article 18 of the Law of Ukraine “On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine”, persons with disabilities have the right to work, regardless of their disability group (this means that groups 1, 2, 3 are the so-called “working groups”).
The rights of persons with disabilities to employment and paid work, including working from home, are ensured through their direct application to enterprises, institutions, organisations or the state employment service.
A conclusion on the person’s inability to work due to disability is made only with the consent of this person (unless the person with a disability is declared incapacitated). This principle is regulated by clause 2.2 of the “Instruction on Establishing Disability Groups” approved by the Order of the Ministry of Health of Ukraine No. 561 of 5 September 2011.
