Abstract
<p>This article highlights perspectives and regulations on safeguards in the case of deprivation of liberty of some continental European countries – namely Germany, Switzerland, France, Austria, and Spain. It illustrates the continent’s disparate approaches to the subject, both those founded in history and in the different legal traditions.</p><p><br />Continental legislation struggles to cope with the UN Convention on the Rights of Persons with Disabilities. The most recent observations of the Committee on the Rights of Persons with Disabilities in Germany, in May 2015, recommend for example, that Germany “amend legislation to prohibit involuntary placement and promote alternative measures”. Nevertheless, legislation and practice in these countries might provide some different points of view on deprivation of liberty safeguards.</p>
Highlights
Continental legislation struggles to cope with the UN Convention on the Rights of Persons with Disabilities
Due to the distribution of legislative power in Germany, each German federal state has its own law on deprivation of liberty in health and care settings – which is a total of sixteen different laws
24 For country reports on France in English see for example C
Summary
German law reflects the historically common structure of legislation concerning deprivation of liberty in health and social care settings on the continent. Regulation in public law, in particular administrative or rather public security law, led to provisions allowing deprivation of liberty to avert danger to life, health, or even “society”; in other words, for the protection of both the interests of individuals as well as the public. ‘Hospitalization and Civil Commitment of Individuals with Psychopathic Disorders in Germany, Russia This historically established structure is still present in German law, not least because legislative power, in the case of private law, is in the hands of the federal government; in the case of public security law it is in the hands of the federal states, the Bundesländer. This concept shines through the other continental legislation that will be addressed later
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
