3
being has, maintains and develops, in a broad sense, the capacity to conduct his own
life, to choose the best means to do it, to use the means and tools that serve to that
end, selected and used with autonomy – as a sign of maturity and a condition of
freedom- and even to legitimately resist or reject any undue influence and
aggression inflicted on him. This reinforces the concept of autonomy and discards
any oppressive temptation that may be disguised under an illusive tendency to
benefit the individual, determine what is best for him and foresee or mark his
decisions.
5.
SPECIFIC TYPES OF PROTECTIONS
11.
On the other hand, from a specific standpoint, the State undertakes particular
obligations –based on group, specific or individual guarantees, in contrast to
universal or general guarantees- in relation to particular groups – or to members of
certain groups which identify themselves with their own lifestyle, needs and
expectations. In those cases, the position of guarantor of the State in relation to the
individuals subject to its jurisdiction adopts peculiar features, which become
inescapable for the State and give rise to individual rights.
12.
Said features of the State’s guarantor position, or of its capacity as guarantor
of effective access to rights and freedoms, are usually manifest in political decisions
of a general nature that intend to set a balance in the society and foster social
justice. This becomes apparent, for example, when the special guarantying function
is exercised in favor of sectors with less economic or political influence, such as
workers, farmers, indigenous communities, children and adolescents, and their very
substantial variations.
13.
On the other hand, the special guarantor position of the State may be
analyzed in the cases deriving from a legal situation or biopsychology determination
that makes the State undertake –on its own initiative or by decentralized and
subsidiary ways- extra direct protection and/or governance duties, which
consequently translate as a limitation on the essential autonomy of every individual
resulting in propitious –and demanding- conditions for immediate State action. The
cases of deprivation of personal freedom that entails the violation of said right,
among others –notwithstanding any claim to the contrary- with punitive (inmates),
therapeutic (patients) or educational (prison students) purposes, fit into this
heterogeneous category. In those cases, the legitimate intervention of the State
varies in scope and intensity and, therefore, the degree of liability and authority of
the State varies in proportion to the limitation –depending on natural elements and
authoritative powers- on the freedom and the individual’s capacity to define,
organize and conduct his own life.
6.
MENTAL ILLNESS, AUTONOMY AND INCAPACITY
14.
It seems apparent that the most intense form of limitation on personal selfgovernance becomes visible in persons with mental illness –there are, of course,
many illness categories that give rise to different personal situations-, who are
frequently deprived of the power to make the most basic decisions while held in
custody for severe disorders, and who are subject to the almost absolute authority of
physicians and custodians while confined in an institution with rigorous rules and
regulations. On the contrary, despite there are noticeable limitation factors, the