Ustavnopravna zaštita prava osoba s duševnim smetnjama

Abstract

In the last couple of years we have been witnessing numerous public and professional discussions of rights of people with mental difficulties and their position within the society. It is most likely that the fact that the Law on Protection of People with Mental Difficulties entered into force on 1st of January, 2015, has, among others, instigated interesting dialogues. Legislative actions resulted in enforcement of rights and recognition of a separate status of psychiatric patients on legislative level, nevertheless, the question remains whether the rights and freedoms of this particular category of citizens are in fact recognized in practice. Bearing in mind that the constitutional legal protection is the highest possible protection of rights and freedoms of all citizens, the Constitutional Court of the Republic of Croatia entire case law has been analysed covering the period of 1992 to 1st of November, 2017. The sample of 31 judgments and decisions analysing the constitutionality of restrictions of recognised rights of persons with mental difficulties has been individualised. A detailed analysis of the sample has revealed the constitutional standards to protect rights of persons with mental issues. The standards were compared with already established constitutional legal solutions in the European Court for Human Rights and the US Supreme Court case law. The final remarks reveal suggestions for improvement of the constitutional legal protection of persons with mental difficulties in the Republic of Croatia in the context of judicial activism.