Some folks may believe that there is only one Constitution in Germany....that of the federal government in Berlin. But each state also has it's own state constitution.
So here in Hessen, we have a fairly simple text situation, but along in Article 23....there's this piece which we lack in the United States.
Article 23 says: "If a mentally or physically disabled person severely endangers other people, he may be admitted to a hospital. He has the right to call the judge against this action. Details are regulated by law."
More or less....if you were a nutcase, paranoid schizophrenic, or just plain crazy....the state constitution says in a clear way that there is no problem in sending a guy or gal off. Then it even says that judges are there to recommend or prevent this action. The rest? It's written in law and changed as necessary.
I'm not going to say that it often happens, but anyone showing themselves to be a danger or threat to society....even if they haven't yet committed a crime....could be bundled up and taken to a regional facility and held for an examination. If they can't prove they are 'safe'....they stay there.
Germany existing with folks locked up and safe? I might go and suggest that a fair number of folks exist as homeless folks in Germany, and if they were detained and held for an exam.....they might fail. But this would have to be some trigger moment where the cops got called and the guy really started to threaten folks. Otherwise, he might be living under a bridge for the next forty years and never admitted to a hospital.
A rare time when the constitution doesn't guarantee a right? Well...it does say that you have the right to a judge, and he will determine your faith in the end.
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