El internamiento psiquiátrico involuntario y las garantías del art. 5 CEDH: un análisis crítico a la luz de la jurisprudencia española y del Tribunal Europeo de Derechos Humanos

Abstract

Abstract

This text analyzes involuntary psychiatric hospitalization as one of the most severe restrictions on the fundamental right to personal liberty, recognized in Article 17 of the Spanish Constitution and Article 5 of the European Convention on Human Rights. In Spain, this measure is primarily regulated by Article 763 of the Civil Procedure Law, which requires judicial authorization or ratification, a hearing for the affected individual, and a medical opinion. The jurisprudence of the Constitutional Court, the Supreme Court, and the European Court of Human Rights has established that hospitalization must meet strict substantive and procedural requirements: an objective and up-to-date medical basis, effective judicial oversight, enhanced justification, proportionality, temporary nature, and periodic reviews. The text specifically examines the ECtHR judgment of November 6, 2025 (B. M. v. Spain), which declared the right to liberty violated due to a lack of sufficient medical basis, insufficient judicial review, and the absence of effective procedural safeguards. Based on this decision and other precedents from the ECtHR, several problems in Spanish judicial practice are analyzed: insufficient medical reports, remote hearings without effective medical examination, stereotypical judicial reasoning, substitution of judicial judgment for medical judgment, lack of adequate legal assistance, and deficiencies in the notification of rulings. In conclusion, involuntary commitment requires enhanced safeguards, since any deficiency in the medical diagnosis, the judicial reasoning, or procedural guarantees can violate the fundamental right to personal liberty and the standards of the European Convention on Human Rights.