Please use this identifier to cite or link to this item:
http://elea.unisa.it/xmlui/handle/10556/5277
Title: | The unconvicted detention of persons with mental impairments: the ECHR “unsound” that does not sound |
Authors: | Sacco, Marcello |
Keywords: | Unconvicted detention;Forced placement;Persons with disabilities;Mental impairments;Unsound minds |
Issue Date: | 2021 |
Citation: | Sacco, M. “The unconvicted detention of persons with mental impairments: the ECHR “unsound” that does not sound.” Freedom, Security & Justice: European Legal Studies 1 (2021): 153-175 |
Abstract: | 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. |
URI: | http://www.fsjeurostudies.eu/files/FSJ.2021.1.SACCO.8.pdf http://elea.unisa.it:8080/xmlui/handle/10556/5277 http://dx.doi.org/10.14273/unisa-3402 |
ISSN: | 2532-2079 |
Appears in Collections: | Freedom, Security & Justice: European Legal Studies (2021), n.1 |
Files in This Item:
File | Description | Size | Format | |
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FSJ.2021.1.SACCO.8.pdf | FSJ.2021.1.Sacco.8.pdf | 1,15 MB | Adobe PDF | View/Open |
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