Abstract
The aim of this article is to describe and investigate the evolution (or involution, depending on the different points of view) of the institution of compulsory health treatment for mental illness in Italy. The legal coordinates of this treatment were established by law no. 180/1978, the so-called Basaglia law. The interpretations to which the law was subjected in practice produced an increase in the coercive space in the treatment of psychiatric disorders. The resulting “new” treatments, however, present some significant problems of compatibility not only with the provisions of the law, but also with constitutional provisions.
The result of the analysis of administrative practices (the actions of territorial public services) and judicial practices leads to the conclusion that in Italy, despite Basaglia’s teachings and intentions, the scope for coercion and the use of force have increased significantly, so much so that it is doubtful whether the recent legislation on informed consent will actually be respected in relation to psychiatric patients.
Translated title of the contribution | [Autom. eng. transl.] MEDICAL-PSYCHIATRIC TREATMENT IN ITALY. LAW VERSUS PRACTICE |
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Original language | Italian |
Pages (from-to) | 1-29 |
Number of pages | 29 |
Journal | REVISTA DIREITO MACKENZIE |
Volume | 18 |
DOIs | |
Publication status | Published - 2024 |
Keywords
- direito à saúde
- Lei Basaglia
- tratamento de saúde compulsório
- consenso informato
- diritto alla salute
- legge Basaglia
- trattamento sanitario obbligatorio
- consentimento informado