L'obbligo delle cure verso i pazienti psichiatrici e la pericolosità sociale: il difficile equilibrio tra legge, medicina ed etica

The thesis explores the multifaceted journey of mental health through historical, medical, and legal perspectives, emphasizing the significant developments in Europe and the growing recognition of mental health as a universal human right. This comprehensive examination begins by tracing the evolution of the concept of mental health, from ancient times when mental disturbances were attributed to supernatural forces, through the Middle Ages' religious explanations, to the scientific approaches of the Enlightenment that led to the establishment of asylums and more humane treatments.The European Union (EU) has been at the forefront of promoting mental well-being, implementing policies that emphasize integration, accessibility, and quality care across its member states. Despite these efforts, the mental health landscape in Europe remains complex, with significant challenges such as disparities in access to care and the persistent stigma surrounding mental illness. Psychiatry, as a medical specialty, has evolved considerably from its rudimentary beginnings to a sophisticated field grounded in scientific research and ethical care. The discipline now incorporates advances in neuroscience, psychology, and social sciences, offering a holistic approach to diagnosing, treating, and preventing mental, emotional, and behavioral disorders. Understanding psychiatric patients requires acknowledging the complexity of their conditions and the necessity for personalized care plans that address their individual needs and circumstances.Healthcare professionals, including physiotherapists, play a crucial role in providing ethical and effective treatment to psychiatric patients. This responsibility is particularly pronounced during pandemics, when mental health challenges are heightened. The historical evolution of asylums, from places of brutal confinement to institutions focusing on compassionate care, reflects significant reforms in mental health treatment. Modern reforms have emphasized deinstitutionalization and the development of community-based care, aiming to provide humane and effective treatment.Legal and ethical considerations are critical in mental health care, particularly concerning mandatory health assessments and treatments. These measures must balance patient rights with the need for public safety and effective care. Article 54 of the Italian Criminal Code, which addresses the state of necessity, provides a legal framework for mandatory interventions when individuals pose an imminent threat due to their mental condition.The concept of social dangerousness in forensic psychiatry involves assessing an individual's potential risk to society.In conclusion, the thesis underscores the necessity of continued reform in mental health care, integrating legal, medical, and ethical perspectives to ensure comprehensive, compassionate, and rights-based treatment for psychiatric patients. It highlights the importance of community-based care and the ongoing efforts required to address the complex challenges in the field. Recognizing mental health as a fundamental human right is a crucial step towards achieving these goals, ensuring that mental health care is accessible, effective, and humane for all individuals.