Abstract

CUENCA-GOMEZ, Patricia. The treatment of people with mental health problems in criminal and penitentiary regulations. Reflections and proposals¹. Rev. Asoc. Esp. Neuropsiq. [online]. 2022, vol.42, n.141, pp.141-158.  Epub July 18, 2022. ISSN 2340-2733.  https://dx.doi.org/10.4321/s0211-57352022000100009.

This paper analyzes the treatment that Spanish penal and penitentiary regulations offer to people with mental health problems (or with psychosocial disabilities) who are accused of a crime and come into contact with the penitentiary environment. The analysis reveals that this group is the victim of discrimination and institutional abuse, whose eradication requires significant changes in legislation, public policies and social mentality, in the light of the International Convention on the Rights of Persons with Disabilities. These changes are aimed at four basic objectives: 1) to avoid situations of neglect that lead people with mental health problems to enter the criminal cycle; 2) to enhance their diversion from the prison environment towards more resocializing responses; 3) to ensure that those who have to enter prison can exercise their rights on an equal basis with other inmates; 4) to eradicate prejudices and stereotypes by promoting the training of professionals and raising the awareness of society regarding the situation of disadvantage in this group.

Keywords : psychosocial disability; mental health; criminal and penitentiary legislation; prisons; security measures.

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