Constitucional framework on involuntary and urgent confinement due to mental disorder

Abstract

The following piece of paper deals with the constitutional rule of the involuntary and urgent confinements due to mental disorder as restricting fundamental rights (especially, personal liberty) according to the principles established in the judgement of the Spanish Constitutional Court 141/2012. Accordingly, the legal frameworkof a such confinements is analysed (making a distinction among constitutional, international and legal rules), its nature (ref. both confinements itself, as the role of judge who must authorize), its specific guarantees (in accordance with the judgement STC 141/2012), as well as a variety of issues requiring a timely legal response.