Dear Weekender,
Imagine being admitted to a psychiatric facility against your will – without an attorney, without anyone to explain your rights, and without independent oversight of whether that admission is even lawful. Until recently, that was the reality for individuals in Sint Maarten subjected to involuntary mental health placements. That has now changed.
On January 14, Justice Minister Nathalie Tackling and Public Health, Social Development and Labour Minister Richinel Brug signed a formal covenant establishing a government-funded legal assistance framework for persons involuntarily admitted to a psychiatric facility (The Covenant). It is a significant milestone and Sint Maarten is the first country in the Caribbean part of the Kingdom where this system will be introduced.
What was agreed?
The Covenant is an agreement to jointly fund and organize legal assistance for individuals subjected to so-called “krankzinnigen” placements: involuntary admissions under Sint Maarten’s mental health legislation or the relevant provisions of the Civil Code. On-call attorneys (piketadvocaten) will be requested to assist whenever someone is involuntarily admitted. Their assistance covers the full process: Initial contact and advice to the person and their family, representation at the judicial review hearing, and follow-up until the measure is either lifted or extended. The costs are estimated at a maximum of XCG 50,000 per year and are shared equally between the two ministries.
Why it was necessary
Involuntary commitment is one of the most serious interventions a government can impose on a person. It strips an individual of their liberty, not as punishment, but in the name of care and public safety. Both Sint Maarten’s Constitution (Article 27 of the Staatsregeling) and Article 5 of the European Convention on Human Rights require that any deprivation of liberty be grounded in law, be subject to judicial review, and be accompanied by access to legal assistance. This is especially significant for individuals who, by reason of serious mental illness, are among the most vulnerable members of society. They are often least equipped to advocate for themselves at precisely the moment the law intervenes in their lives. That vulnerability makes independent legal oversight not a luxury but a necessity, particularly in a context where the mental health system itself is already operating under considerable pressure while doing its utmost to provide care.
The problem was that there was no framework in place to make that legal assistance happen in practice. The legislation at the heart of this covenant – the Landsverordening tot regeling van het toezicht op krankzinnigen – dates back to 1921. Its name alone speaks volumes: the Dutch word “krankzinnigen” – roughly translated as “lunatics” or “the insane” – reflects the deeply outdated attitudes toward mental illness that prevailed over a century ago. Beyond its offensive terminology, the substance of the law has long failed to keep pace with modern standards of psychiatric care, human rights, and due process. The Covenant is an important interim measure – but the real work lies in finally consigning this century-old law to history. The existing legal aid system covers criminal cases and certain civil proceedings for those without financial means – it was never designed for involuntary mental health admissions. The gap, as both ministers acknowledged, was no longer acceptable and is now bridged by The Covenant.
How it came about
The Covenant reflects years of effort by multiple stakeholders. Behind the scenes, a working group involving the Ministry of VSA, the Ministry of Justice, the Public Prosecutor’s Office, The Courthouse, Mental Health Foundation, and Sint Maarten Bar Association worked toward both an interim solution and longer-term legislative reform. In November 2025, ten Sint Maarten attorneys attended a specialized training at Mental Health Foundation, led by Psychiatrist R. Texeira and Judge G. Drenth, covering mental health conditions, the legal framework for involuntary admissions, and a tour of the facility. Judge Drenth described the development as a significant milestone in protecting a vulnerable group of citizens.
What it means in practice
For individuals and families, the effect is clear: From the moment someone is involuntarily admitted, a government-funded attorney will be available at no cost. That attorney will visit the client, review the file, assess whether the legal requirements for admission are met, attend court hearings, and advise on available options. For Sint Maarten as a whole, The Covenant is a concrete fulfilment of constitutional and human rights obligations that had long remained unmet. It is worth noting that The Covenant is explicitly a temporary, pilot arrangement – a bridge in the gap while the underlying legislation is modernized. The two-year framework will be evaluated jointly by both ministries before it expires, with a view to extension or replacement by permanent legislation.
Looking ahead
Sint Maarten’s primary mental health legislation is acknowledged to be in need of modernization, and that process continues. The broader legal aid framework will also need to be updated to permanently incorporate legal assistance for involuntary admissions on a proper statutory footing. The outcome of the two-year pilot, how cases are handled, what issues arise, and whether the budget holds will directly inform what that permanent legislation should look like. What is already clear is that Sint Maarten has moved from acknowledging a problem to solving it; and all stakeholders who have participated deserve recognition for that.
Yours sincerely,
Caroline van Hees | HBN Law & Tax
