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Table 2 Relative frequency (percentage) of nine specific legal rights afforded the dependent/misuser under the commitment proceedings applied in three types of law on CCC in mental health law, social law and criminal legislation, and combined total for the application of all three types (total n = 33)

From: European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems– a comparative review from a human and civil rights perspective

 

Mental health

Social

Criminal

Total

n =

11

5

17

33

Appeal to higher instance or court

100

100

77

88

Timely judicial hearing

91

80

71

79

Adequate and timely notice of proceedings

82

80

71

76

Legal counsel

73

60

71

70

Access to documents before proceedings

64

80

59

64

Attend the proceedings

73

60

59

64

Immunity from self-incrimination

64

40

53

55

Availability of patient’s legal representatives

64

40

53

55

Confrontation, cross-examination of eye witness

46

40

59

52