Personal freedom and privacy of the pregnant woman against a judicial decision of compulsory hospital admission (STC 66/2022, of June 2)
Abstract
In this paper, a critical commentary is made on STC 66/2022, of 2 June. A judge decrees the compulsory admission of a pregnant woman to hospital for induction of labour, if necessary. The majority of the Constitutional Court considers that the judicial decision has not violated the personal freedom or the rights to privacy and to physical and moral integrity of the pregnant woman. However, we understand that these rights have been violated, as the judicial decision was issued without prior legal authorisation, without hearing the person affected and without carrying out an adequate test of proportionality. Both the judicial decision and the ruling of the Constitutional Court, which validates it, lack legal rationality and reasonableness.
Received: 23.01.2024
Accepted: 08.05.2024
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Last update: 08/02/2022
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