Abstract

PALLARES NEILA, Javier. Would you tell me, please, which way I ought to go from here?. Rev. Asoc. Esp. Neuropsiq. [online]. 2014, vol.34, n.121, pp.115-131. ISSN 2340-2733.  https://dx.doi.org/10.4321/S0211-57352014000100007.

Following the judgments of the Constitutional Court in December 2010 and July 2012, the Spanish legislator is obliged to reform the regulation of the so-called "involuntary confinement on grounds of mental disorder". This article promotes that this reform uses the clinical notion of medical treatment as a reference point, in accordance with the international rules and principles advocated by the World Health Organization. It is supported that the term involuntary confinement is no longer used since it draws prejudicial connotations that do nothing to help break the stigma experienced by people with mental disorder and it has additional legal, criminal and constitutional mandatory implications. They are examined the rules of the Spanish legal system on mental health treatment, which can sustain the reform without creating special legislation: General Health Law, the Convention for the Protection of Human Rights and dignity of the Human Being with regard to the Application of Biology and Medicine and Basic Law regulating patient autonomy and rights and obligations of information and clinical documentation and it is proposed the bases or principles from which the modification could be undertaken in these matters.

Keywords : Involuntary commitment; article 763 Ley de Enjuiciamiento Civil (Rules of civil procedure); Involuntary treatment order; Human rights.

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