Citas bibligráficas
Anticona, D., Takayama, A. (2024). El Derecho a la libertad personal de las personas con discapacidad mental [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/674984
Anticona, D., Takayama, A. El Derecho a la libertad personal de las personas con discapacidad mental [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2024. http://hdl.handle.net/10757/674984
@misc{renati/419841,
title = "El Derecho a la libertad personal de las personas con discapacidad mental",
author = "Takayama Vasquez, Ana Lucia",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2024"
}
This work of professional sufficiency seeks to arrive at and above all understand that people with mental disabilities have the right to individual freedom in the Plenary Sentence 789-2021, issued by the Constitutional Court of Peru, which ruled in favor of Álvaro Martín Linares Cano (aggrieved), who has Asperger's syndrome and was hospitalized against his will and continuously at the Pinel SRL Clinic by his father, without complying with the parameters and measures required by Law N° 30947, Mental Health Law. Our research topic will address, then, the collision that exists between the right to individual freedom and the right to mental health of people with mental disabilities (as well as their related rights); where, in accordance with article 42 of our Civil Code, modified by Legislative Decree No. 1384, it is understood that any person over 18 years of age - even having a disability - has the full capacity to exercise, regardless of whether or not they require of some support to express their will. Finally, from the sentence scrutinized, we conclude that the internment of the injured party constituted the violation of his right to individual freedom; as well as their rights related to it, such as the right to personal integrity and the right to petition.
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