Calls in Cyprus for urgent reform of laws on incapacity and involuntary psychiatry

On 8 September, the Human Rights Committee of the Parliament of Cyprus heard calls for the immediate revision of outdated legislation on declaring persons legally incapacitated and on procedures for involuntary psychiatric hospitalization. Lawyers and MPs pointed to systemic gaps leading to violations of rights and to cases of abuse by relatives seeking control over the property of vulnerable individuals.

Professor Achilleas Emilianides referred to Supreme Court rulings and the lack of thorough judicial and medical review when ordering involuntary hospitalization. As an example, he suggested adopting European and international practices — advance directives and powers of attorney prepared in advance for decision-making if a person loses legal capacity.

The Chair of the Committee, Irini Charalambidou, noted that international recommendations have remained unfulfilled since 2017 and expressed dissatisfaction with the lack of coordination between institutions. MP Rita Superman presented data: from 1 January 2021 to 30 August 2022, there were 1,914 cases of involuntary hospitalization, including 130 involving minors; she also pointed to staff shortages and problems with access to medication in some clinics.

Alexandra Attalidu warned of the risk of fraud during the parallel drafting of bills. The University of Nicosia and the Cyprus Academy proposed preparing a draft of amendments. The Committee pledged to immediately initiate legislative work and advance proposals to protect the rights of vulnerable citizens. For Cyprus residents, this means a need for legal and medical documentation (e.g., powers of attorney, advance directives) and a careful approach to managing the property of relatives.