Journal of the Charles University Law Faculty
Jan Grepl
Author’s affiliation:
Faculty of Law, Palacký University in Olomouc
Constitutional Foundations of the Protection of the Patient as the Weaker Party in the Context of Medical Detention
Jurisprudence 3/2026 Section: Articles Page: 29-39
Keywords: detention, patient, autonomy of will, constitutional law, human rights
Abstract: The article analyses the constitutional framework of medical detention with focus on the patient as the weaker party. It is based on the individual’s right to self-determination and personal liberty, which may only be restricted on a statutory basis while respecting proportionality and the essence of fundamental rights. The text examines the requirements arising from the Charter of Fundamental Rights and Freedoms, the Convention on Human Rights and Biomedicine, and the European Convention on Human Rights, particularly Article 5(1)(e). Special attention is devoted to the case law of the European Court of Human Rights and to the practical effectiveness of procedural safeguards, especially the risks of overly formalistic judicial review, the limited effectiveness of legal representation, and the specific problems associated with short-term detention.
