Minister Tackling and Minister Brug Sign MOU to Ensure Legal Support for Persons Under Involuntary Mental Health Admission

GREAT BAY--The Minister of Justice, Mr. Tackling, and the Minister of Public Health, Social Development and Labor, Mr. Richinel S.J. Brug, have signed a Memorandum of Understanding (MOU) to ensure that persons placed under involuntary admission at the Mental Health Foundation receive the legal support and representation they deserve.

This initiative stems in part from a motion passed in Parliament, brought forward by Member of Parliament Sjamira Roseburg, which called for strengthened legal safeguards and access to legal assistance for individuals subjected to involuntary mental health admission.

The signing of this MOU addresses a gap in the current legal framework. Under existing legislation, individuals who are involuntarily admitted do not have a clearly established mechanism guaranteeing access to independent legal support. The MOU provides an interim solution to safeguard the rights of these individuals while broader legislative reforms are being pursued.

Through this agreement, the Ministry of Justice and the Ministry of Public Health, Social Development and Labor formalize their cooperation to ensure that affected individuals are informed of their rights and have access to appropriate legal assistance throughout the involuntary admission process.

Minister Tackling emphasized that access to legal protection is a fundamental right, especially for individuals in vulnerable situations. Minister Brug underscored that involuntary admission is a serious measure that is applied only in situations of acute mental-health crisis. In such circumstances, it is essential that care interventions are accompanied by clear legal safeguards.

This MOU ensures that individuals are informed of their rights and have access to legal support, reinforcing a balanced and responsible approach to crisis mental-health care. Both Ministers reaffirmed their commitment to strengthening mental health care and legal protections in Sint Maarten, noting that this MOU represents an important step toward a more humane and rights-based approach. Work will continue to modernize the legislation governing involuntary admissions.

The motion passed in January 2025:

The contenct of this MOU is know known, but the motion passed in January 2025 called for the Ministry of Public Health, Social Development, and Labor (VSA), working together with the Ministry of Justice, to take immediate action to close critical gaps in the current system. These gaps include the absence of judicial review, inadequate access to legal aid, and the lack of clear frameworks for conditional outpatient care and independent medical assessments. The motion sets out the interim measures and legislative reforms needed to protect the rights of persons affected by mandatory mental health care or detention decisions, while strengthening justice, transparency, and respect for human dignity.

The need for action is underscored by the fact that the Krankzinnige Landsverordening (National Ordinance on the Supervision of Mentally Ill Persons), established in 1922, is outdated and no longer aligned with modern human rights standards, constitutional safeguards, or international obligations such as the European Convention on Human Rights (ECHR). While VSA is working on legislative amendments, individuals who are currently placed under mandatory care or detention remain exposed to significant legal and procedural vulnerabilities. Interim measures are therefore necessary to ensure protections are in place while the legislative process is completed.

At present, the system faces several urgent challenges. Placement or detention decisions are not subject to mandatory judicial review within a defined period, leaving people without timely oversight of decisions that directly affect their liberty. Individuals impacted by these measures often do not have immediate access to government-funded legal aid, weakening their ability to understand, challenge, or meaningfully participate in the process. Additionally, key safeguards, including conditional outpatient care as an alternative to forced hospitalization and the ability to obtain independent second opinions on medical declarations, are not sufficiently formalized in policy or law.

To address these issues, the motion called for the temporary implementation of a draft policy within six months, led by VSA in collaboration with the Ministry of Justice. This interim policy should ensure that government-funded legal aid becomes available immediately upon placement or detention, supported by finalized agreements that guarantee accessible representation. It should also introduce a firm requirement for judicial review of placement or detention decisions within five weeks. At the same time, it should establish a formal framework for conditional outpatient care, offering a structured alternative to forced hospitalization where appropriate, and require independent medical experts to provide second opinions in mandatory care and detention cases.

Alongside interim measures, the motion called for expedited completion of amendments to the Krankzinnige Landsverordening. The updated legislation should explicitly include provisions for judicial review, legal aid, conditional outpatient care frameworks, and independent medical assessments, ensuring the law reflects constitutional principles and international human rights standards. This reform must be supported by a clear financial allocation, including secured funding for legal aid services in line with the draft agreement, so that rights protections are not merely stated but effectively delivered.

To ensure accountability, the motion further calls for a monitoring and reporting system that tracks the provision and accessibility of legal aid, documents judicial review outcomes, and evaluates the effectiveness of conditional outpatient mandates as an alternative pathway. Finally, it urges the Ministries of VSA and Justice to work jointly to finalize the concept agreement for legal aid and to ensure swift ministerial approval, so implementation can begin without unnecessary delay.

‍

‍