Constitutional Court Finds Gaps in Safeguards for Involuntary Psychiatric Treatment
By Messenger Staff
Monday, May 4, 2026
The Constitutional Court of Georgia has upheld a constitutional claim filed by the Public Defender of Georgia, ruling that existing regulations on involuntary psychiatric treatment do not provide sufficient legal safeguards for patients.
The case focused on rules governing compulsory psychiatric care, including how such treatment is authorized, reviewed, and extended. The Public Defender argued that, although similar in nature to other forms of involuntary treatment, the current system imposes disproportionate restrictions on individuals' rights without adequate procedural protections.
According to the Public Defender's assessment, patients subjected to compulsory treatment lack effective mechanisms to challenge or regularly reassess the necessity of their continued treatment. The complaint also raised concerns about insufficient judicial oversight and the risk that individuals may remain under compulsory care even when it is no longer medically justified.
The Court agreed that these shortcomings create a risk of rights violations. It found that prolonged compulsory psychiatric treatment, if continued without objective medical necessity and without proper safeguards, may reach the threshold of inhuman or degrading treatment under the Constitution.
In its reasoning, the Court emphasized that regular and impartial reviews of a patient's condition are essential, along with the ability to initiate reassessment and ensure meaningful judicial control over decisions. It also pointed to structural flaws in the current system, noting that decisions on continuing treatment are largely confined to a single medical institution, with limited involvement of independent experts and insufficient court supervision.
Such an arrangement, the Court said, increases the risk of unjustified or excessively long treatment.
As a result, the Court declared the disputed provisions unconstitutional in relation to Article 9 of the Constitution, which protects against inhuman and degrading treatment.
At the same time, the Court postponed the invalidation of the norms until November 1, 2026, giving the legislature time to introduce amendments and bring the legal framework in line with constitutional standards.
