The package of the draft law on changes and amendments
to the RA law “On Psychiatric Aid” and the law “On Advocacy” has been discussed
at the RA Government session on January 16, 2013.

Authors of the initiative MPs Ara Babloyan and David
Harutyunyan propose to clarify the mechanisms for provision of free legal aid by
the state to the persons with mental illness receiving treatment at psychiatric
facilities.

The issue is that the current law “On Psychiatric aid”
envisages the right to free legal aid for these people but the procedure of
providing these people with free legal is not clear.

MPs suggest to stipulate in the law that the legal assistance
is provided upon request of a person with mental illness or his/her legal
representative by a lawyer appointed by the Office of Public Defender of the RA
Chamber of Advocates.  The procedure of
provision of free legal assistance will be defined by the RA Government.

According to the amendment proposed to the law «On
Advocacy» it is expected to include people receiving treatment at psychiatric institutions
and people with mental illness in the list of social groups entitled to the
free legal aid provided by the state.

Free legal aid includes provision of legal counseling
and information, drafting of law suits, complaints, applications and other
legal documents as well as legal representation of people with mental
disabilities in criminal, civil, administrative and constitutional cases.

It should be noted that Principle 18.1 of the UN General
Assembly Resolution 46/119 enshrines that a patient receiving treatment at the
psychiatric institution is entitled to the free legal aid.

The
Government did not object to the proposed package of amendments and changes to
the laws. If
the draft laws are adopted, it is suggested to put them in force as of January
1, 2014.