Autore
Sacco, Marcello

Titolo
The unconvicted detention of persons with mental impairments: the ECHR "unsound" that does not sound
Periodico
Freedom, security & justice (Online)
Anno: 2021 - Fascicolo: 1 - Pagina iniziale: 153 - Pagina finale: 175

Detention is an acknowledged violation of the right to liberty that enforces criminal law procedures. It is a coercive measure that aims to guarantee social freedom, security and justice. However, there are categories of persons that can be detained although unconvicted of any crime. Among others: (i) migrants within hotspots; (ii) pre-trial detained; and (iii) persons with disabilities. This paper focuses on the involuntary detention of persons with mental impairments, which is a common practice all over the world where states pretend to protect people from themselves and society through forced placement. Unfortunately, such a practice could also justify involuntary treatments that violate the dignity of individuals. While the international community is trying to revise this habit, the Council of Europe shows an “unsound” position



SICI: 2532-2079(2021)1<153:TUDOPW>2.0.ZU;2-I
Testo completo: http://www.fsjeurostudies.eu/files/FSJ.2021.1.SACCO.8.pdf

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