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Protection of Persons with Mental Health Disorders in Romania

In Romania, the protection of persons with mental health disorders concerns various legal institutions central to civil law. The protective instruments in place vary between general instruments of civil law (Civil Code of 2009 and special measures in specific legislation, in particular the Mental Health Law of 2002. The Mental Health Law provides for medical measures, in particular voluntary and compulsory hospitalisation in a psychiatric hospital or compulsory ambulatory medical treatment. The Law also provides for procedural safeguards in case of compulsory measures. When it comes to legal capacity, the Civil Code provides for certain protective regimes that can be established for adults with mental disorders. A person that is unable to take care of its interests may be put by court under “judicial interdiction” meaning that legal capacity is reduced to small transactions with immediate performance, and a special guardian is to be appointed. Another instrument, the assistence of elderly people, has been introduced by a special law.