Right to health and right to punishment in the system of «provisions for the definitive overcoming of judicial psychiatric hospitals»

Abstract

Through the «provisions for the ultimate overcoming of the forensic psychiatric hospitals» referred to in Article 3-ter of the Legislative Decree no. 211/2011 and the related legislation, the protection of the right to health of psychiatric patients in penitentiary facilities has been brought in line with the ordinary regime for the protection of mental health. However, the facilities intended for the implementation of the security measures under Article 219 and 222 of the Criminal Code have not simply been replaced with new prison structures, and, through the abovementioned provisions, no new security measures have been provided for. The structures and services for the execution of security measures under Articles 219 and 222 of the Criminal Code have been instead adapted for the purpose of «protecting mental health in order to eliminate any form of discrimination and segregation» which, under Article 2, paragraph 2, letter G of Law no. 833/1978, represents one of the «aims» of the creation of the National Health Service, decided for in compliance with Article 32 of the Constitution.