Abstract:

Restriction of freedom for the purpose of protection is the placement or detention of a natural person in an institution against his will or without his will, in order to provide the personal protection he needs in case of certain weakness. This measure applies to natural persons. One of the mandatory conditions for the restriction of freedom for the purpose of protecting the guardianship is the existence of a suitable institution where the person to be restricted will be placed. If the institution does not exist or is not available, a placement decision cannot be made. The scope of the concept of institution includes places such as hospitals, nursing homes, dormitories, rehabilitation centers or clinics where personal protection is ensured by perceptibly limiting the freedom of movement against or without the will of the person. The realization of the purpose expected from the institution of restriction of freedom for the purpose of protection is possible through institutions that are suitable for providing the treatment, education, correction or care that the person needs. For this reason, both the physical and legal structures of the mentioned institutions should be determined by positive law regulation. The institution is considered suitable if its organizational structure, personnel capacity and similar features are sufficient to provide the treatment, education, improvement or care that the person needs in a fundamental way. The institution should also have security measures that prevent the person from leaving easily. It is possible to appeal against the decisions regarding the placement and removal of the restricted person from the institution. The objection can be made by the person on whom the placement decision is made, or it can be made by his/her relatives. The appeal must be made to the supervisory authority (the court of first instance). It is possible to appeal against the decision of the supervisory authority

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