Situación legal de los débiles mentales en la República Argentina

• Autores: Belbey, José
• Año de publicación: 1938
• Idioma: español castellano
• Tipo de recurso: artículo
• Materia: Ciencias Médicas; Salud mental; Argentina
• Institución: Universidad Nacional de La Plata

The subject comprises the situation of: I. Minors, and II. Adults. I. These have the benefit of all rights and acquire all the obligations, limited only by their age. They have the right to benefit themselves only by the legislation of minors (Law n° 10, 903) in case of Comitting some delict (crime), or if they are victim of them. They can get married (the girl at the age of 12, and the boy at the age of 14) and acquire their rights corresponding to their development. The author believes, as yet, using good will that the situation of the insufficiency of these minors should be taken into account, and that by virtue of the modern principles of the dangerous state when the parents are unable (by ignorance, poverty, or lack of authority, etc.) to avoid those possible delicts (crimes) of their mentally weak sons, the State would substitute them with advantage. II. The adults also have the same judicial formula. They have responsibility and capacity, unless they are affected by other extraneous circumstances to their mental debility. Dr. Belbey solicits for them also the incorporation in to the penal codes of the conceptions of dangerous state, post, and pre-delinquent and its application to the mentally weak. This intermediary state between the practical normal state and the abnormal mental alienation, produces subjects really dangerous, almost always, disturbers of the good social harmony and the necessary equilibrium for life in general. They are apt to be led by suggestion for want of sufficient mental level or by ignorance, or to the contrary they are impulsive, who can commit a crime, and their gestures and attitudes without being alienated, are those of the insufficients (that is, the case is that of one of minor age). Regarding their civil aspect, they are individuals who ignore and can not administer whatever good in them, or can not behave themselves correctly and sufficiently. Institutions like the French judicial counsel should be created, or whatever other of its like, which can direct and protect such individual.
Facultad de Ciencias Médicas