Requirements of United Nations resolution not followed in the Republic of Estonia
United Nations General Assembly adopted resolution 46/119 of December 1991 for the
protection of persons with mental illness. The Republic of Estonia also took part in the
meeting.
A/Res/46/119
75th plenary meeting
17th December 1991
http://www.un.org/documents/ga/res/46/a46r119.htm
In its Principle 23 it is said:
1. States should implement the present Principles through appropriate legislative,
judicial, administrative, educational and other measures, which they shall review
periodically.
2. States shall make the present Principles widely known by appropriate and active
means.
The resolution concerned has not been published in Estonia and many of its standpoints
have deliberately not been followed. As my references to authorities have no effect, I had
no other option than demand through demonstration that the authorities of the Republic
of Estonia would follow the United Nations Resolution 46/119.
Read more on the Internet
http://www.hot.ee/lklaar/
CONSTITUTIONAL COMMITTEE
OF RIIGIKOGU
Mr. Leonhard Klaar
Tähe 50-2
50103
Your: 05.04.2004
Our: 14.04.2004 no 2-6/928-v
Dear Mr. Leonhard Klaar,
I have examined Your viewpoints and a detailed description of Your case through
Internet.
In reply to Your letter and “One patient’s story”, it is not the sphere of competence of
administrative court to check the given diagnoses and change them. Judge of Tartu
Administrative Court, Mare Priks, also told You that and explained that the “Complaint is
not subject to review in administrative court, as changing the diagnoses given by
physicians and declaring the given diagnosis to be contrary to the law are not covered by
administrative court” (26.06.1998).
Your concern that the patients have no right to turn to the administrative court is not
justified. All the people can turn to the court for the protection of their right and patients
also have this right. It is important to note that administrative court cannot change or
judge the diagnosis given to the patient. The task of administrative court is to check
whether the rules established by the law have been followed when treating the patient.
Wishing You a healthy life,
Urmas Reinsalu
Chairman of Constitutional Committee
Lossi plats 1a, 15165 Tallinn
Tel +372 631 6442, Fax +372 631 6334
LEGAL COMMITTEE OF
RIIGIKOGU
Leonhard Klaar
Tähe 50-2
Tartu
Your: 06.01.2004, no. 2-8/19
Our: 20.01.2004 no. 2-8/19-v
Dear Mr. Leonhard Klaar,
Thank You for Your letter which was forwarded by Chairperson of Riigikogu, Ene
Ergma, for replying by Legal Committee as it proceeds with draft legislations in
Riigikogu regarding judicial proceedings. We also had a closer look at the medical
history described on the Internet web site.
Riigikogu takes the role of legislative intiative in the country. By virtue of principle of
separation of powers, Riigikogu cannot interfere with the activity of judicial power or
give judgements to court decisions.
We recommend You to Estonian Association of Patients as their activity is directed
towards helping people with health problems.
Märt Rask
Chairman of Legal Committee
Kristel Hook
6316453
Lossi plats 1a, 15165 Tallinn
Tel +372 631 6455, Fax +372 631 6082