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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