Resumo

MARTINEZ NAVARRO, Juan Alejandro. Constitutional Guarantees Of Involuntary Internment For Mental Disorder In The Spanish Constitutional Court And In The European Court Of Human Rights. Bol. Mex. Der. Comp. [online]. 2023, vol.56, n.166, pp.137-170.  Epub 30-Jul-2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2023.166.18909.

Mental health has emerged as one of the most prominent challenges in 21st century society. According to the World Health Organization (WHO), 9 percent of the population presents some manifestation of mental disorder, a figure that is projected to increase to 25 percent at some point in their lives. In this context, involuntary commitment due to mental disorders emerges as a critical process where fundamental rights and constitutional guarantees face a substantial risk.

This study aims to carry out an exhaustive analysis of the legal safeguards that govern involuntary internment, focusing on the incipient jurisprudential construction of the Spanish Constitutional Court and the European Court of Human Rights (ECHR) as commendable regulatory references. The lack of a defined regulatory framework prevails, which confers an essential role on the Spanish Constitutional Court in the delimitation of elements that ensure the legality and fairness of this procedure of a complex nature. In a context of comparative law, the ECtHR plays a key role, establishing common guidelines at the European level.

Palavras-chave : mental health; mental disorder; right to liberty; involuntary commitment; European Court of Human Rights.

        · resumo em Espanhol     · texto em Espanhol     · Espanhol ( pdf )