romanian english

Carmen Tamara UNGUREANU: The protection of individuals with mental disorders by means of private law

Abstract: The protection of persons who suffer from mental disorders is achieved through judicial interdiction, when legal conditions are complied, or through hospitalization and treatment, voluntarily or not, in a mental institution, as the Law no. 487/2002 on mental health and the protection of persons with mental disorders (modified and completed by the Law no. 129/2012) provides. When an involuntary hospitalization takes place, a distinction has to be made between the private law action and the public (criminal) law action, the last one having as a goal, primarily, the society protection, and only, subsidiary, the protection of persons with mental disorders. Involuntary hospitalization, because of depriving of personal freedom, imposes the respect of the Human Rights Convention.

 Key words: protection of natural person, mental disorder, involuntary hospitalization


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