El internamiento involuntario en los centros de rehabilitación de adicciones y la vulneración del derecho a la libertad en Ecuador

Abstract

This study examined the Ecuadorian legal framework applicable to admissions to addiction rehabilitation centers, based on the Constitution of the Republic of Ecuador, which recognizes addiction as a public health issue and prohibits the criminalization of individuals who use drugs and any violation of their rights. It was argued that commitment is only legitimate when it preserves voluntariness and informed consent as essential conditions. The Organic Mental Health Law was analyzed, establishing voluntariness as the general rule and restricting involuntary commitment to exceptional cases, as well as the Comprehensive Organic Criminal Code regarding illegal deprivation of liberty. Additionally, the technical regulations of Agency for Quality Assurance of Health Services and Prepaid Medicine (by its Spanish acronym ACESS) and the guidelines of the Ministry of Public Health (MSP, by its Spanish acronym) concerning Specialized Centers for the Treatment of People with Problematic Alcohol and Other Drug Use (by its Spanish acronym CETADs) were reviewed. Through the study of habeas corpus proceedings, patterns of unlawful detention and institutional opacity were identified. Based on these findings, a reform of the ACESS regulations was proposed, incorporating auditable safeguards and effective mechanisms for oversight and voluntary discharge. Keywords: informed consent, right to liberty, involuntary commitment, mental health