Măsurile de constrângere cu caracter medical în dreptul penal prin prisma protejării drepturilor și libertăților

Abstract

In the Republic of Moldova, the application of coercive medical measures appeared as a critical and controversial aspect of the governance of medical assistance, generating complex questions of an ethical, legal and social nature. As a sovereign nation at the crossroads of Eastern Europe, Moldova faces challenges posed by infectious diseases, mental health crises and public health emergencies. The importance of implementing medical restraints stems from the need to protect public health, prevent the spread of communicable diseases and effectively address mental health issues. Medical coercion involves measures such as involuntary hospitalization, mandatory quarantine, and mandatory treatment, sparking debates about individual autonomy, human rights, and the role of the state in health decision-making. This against the backdrop of several states, facing the delicate task of balancing public health imperatives with the protection of individual liberties. This introduction explores the multifaceted nature of medical coercion in the Republic of Moldova, examining the legal frameworks, ethical considerations and public discourses surrounding its application. Delving into the complexity of this issue, we aim to shed light on the significance of navigating the delicate balance between public health requirements and the rights of people in the Republic of Moldova.