La contenzione. Profili costituzionali: diritti e libertà

[Autom. eng. transl.] Once the notion of "containment" is identified, the essay discusses some data related to this practice and tries to frame it juridically, above all from the constitutional point of view and the protection of fundamental rights. It insists on needs such as controllability, respect for the person and strict compliance with the principle of legality. He concludes in the sense that mental health is an essential dimension of the person and, consequently, poses numerous challenges in terms of recognition, protection and promotion of human dignity and fundamental rights. With regard to the person with mental health problems, there is an impressive series of prevention, diagnosis and assistance duties: constitutional duties, which correspond to as many constitutional rights of the patient. If we come to talk about restraint, it means that these duties have remained unfulfilled, that these rights have remained unsatisfied: it does not matter now whether through someone's fault, organizational problems, or the insurmountable limits of human action in this field. Confining as much as possible the space of restraint - even by resorting to the formula at first contradictory to the unlawful but not punished act - is a way of acknowledging what, in effect, is precisely a contradiction, an aporia, a failure to realize the constitutional precepts. It makes sense that the republican order recognizes it as such, even when it fails to avoid incurring it.