Historickoprávní souvislosti nedobrovolných hospitalizací člověka ve zdravotním ústavu
Historical relations of involuntary hospitalization of a person in a health care institution

Summary/Abstract: Historical-legal analysis in the area of involuntary medical detention demonstrates the painful way of the legal development of civilian detentions of a human in the Czechoslovak (and Czech) territory. The current form of involuntary medical detention is largely influenced by the prototype (“model, design”) of this regulation from past times, when the basic purpose of the legislation was to provide protection for the personal freedom of a person involuntarily taken over to a facility providing psychiatric care. The legislation in the area of involuntary hospitalization has undergone considerable changes after the coup d'état in February 1948 was executed. The standard of protection of personal liberty in times of totalitarian regimes has rapidly decreased. Involuntary hospitalization of a human has been misused for political purposes. After 1989 there is a gradual return to the historical roots of legal regulation. The level of protection of personal liberty is constantly increasing, especially due to the differentiation between reasons for which the involuntary hospitalization can be executed. The article aims to capture the basic historical background in the field of involuntary medical detentions and to compare them with current legislation.

• Details
• Contents