Illegal deprivation of liberty is a crime that occurs when a person is detained or restricted from their freedom of movement without legal justification. In the context of being admitted to a rehabilitation center, the act may be considered legal or illegal depending on several factors.
Situations Where It Could Be Considered Illegal
Involuntary admission without consent or court order: If a person is admitted against their will without a judicial order or proper legal justification, it may be considered illegal deprivation of liberty.
Clandestine or unregulated rehabilitation centers: If the center does not have the necessary legal permits or does not comply with health and legal regulations, the situation may be illegal.
Falsified diagnosis or coercion: If admission is based on falsified medical diagnoses or undue pressure from third parties (family members or institutions), it may constitute abuse of the law.
Situations Where It Could Be Considered Legal
Court order: A judge may order involuntary admission if the person is considered a danger to themselves or others, particularly in cases of severe mental health issues or addictions.
Consent from the patient or legal representative: If the individual or their legal guardian (in cases where they cannot make decisions) voluntarily authorizes admission, it is not illegal.
Medical emergencies: In urgent medical situations, where the person needs immediate care and cannot make decisions for themselves, temporary admission can be legally justified.
Rights of the Admitted Person
The right to be informed of the reasons for admission.
The right to receive dignified and appropriate treatment.
The right to appeal to authorities or human rights defenders if they believe they are being detained illegally.
📌 If you believe you have been admitted to a rehabilitation center illegally or unfairly, the best course of action is to seek legal counsel. Do not hesitate to contact Lic. Jorge Fernández to review your case and determine if your rights have been violated.
