Welfare and market: A social, economic and legal analysis.

Social inclusion is a human right for all people, and it should take into consideration also people that manifest a severe psychiatric illness while incarcerated (rei folli). The United Nations Human Rights Committee has sustained the “positive obligation” of states to protect the rights of those whose vulnerability arises from their status, as prisoners deprived of their liberty. The recent constitutional court ruling No. 99 in 2019 goes in this direction. The recent court ruling maintains that some inmates with mental problems may best serve their court ruling outside the prison (e.g., mandatory postponement, optional deferment, home detention, assistance or residential facilities). Prison, for some inmates, can be a cause of severe pathologies and is now recognized as a possible detriment to mental health.