Putting People Behind Closed Doors: An Analysis of Social Care Detention in Slovenia

Abstract

This article examines the complex landscape of social care detention in Slovenia, exploring both the normative framework and practical applications within the system. The study integrates a thorough legal analysis with comprehensive qualitative research, drawing on interviews and discussions with key stakeholders involved in the social care detention process. We scrutinise the balance between human rights safeguards and the operational challenges of the law, the influence of psychiatric expertise over legal proceedings, and the societal attitudes towards deinstitutionalisation. The findings reveal a significant discrepancy between theoretical intentions and practical enforcement, highlighting an over-reliance on psychiatric assessments that might sideline comprehensive legal oversight. Moreover, despite legislative mandates that position social care detention as a measure of last resort, a stark lack of viable alternatives persists, complicating efforts towards deinstitutionalisation. This paper underscores the need for further research, particularly within the Slovenian context, where literature is sparse, to better understand and reform practices surrounding the detention of some of society's most vulnerable individuals. Through a multidisciplinary approach, this research contributes to reevaluating the systems in place, advocating for enhanced legal and procedural reforms that align more closely with human rights standards.