Compulsory placement in addictions rehabilitation clinics A look at the infringement of the right to Liberty

10.2478/bjlp-2023-00000110

Abstract

This scientific article analyzed the aspects concerning the forced internment in rehabilitation clinics for people with addictions, allowing a look at the violation of the rights to freedom of those who are forcibly forced to resort to these means. Taking also, as a starting point the principle of reality, international and Ecuadorian legislation, it was determined that, through documentary research and analytical-synthetic methodology, no individual can be deprived of his freedom without the existence of the legal means established within this context or an informed consent signed in lawful right by the treating party, This is not so in the case of citizens who have some type of addiction,  for which the family members in collusion with the Rehabilitation Centers detain them in places where practices are carried out that would be in violation of fully acquired constitutional rights, This often results in crimes against freedom and physical integrity, not only at the beginning but also during the rehabilitation process in the use of torture,  cruel and degrading treatment. In the same way, it was concluded that there is a large number of pseudo-clinics that operate outside the law and provide unspecialized services, which would also constitute a criminal practice and affect the recovery of addicts, directly threatening not only their recovery but also their right to freedom.