Facts
On May 31, 1996, the guardianship authority of the municipality of Derendingen initiated incapacitation proceedings against Ms. X. (born 1909) due to suspected age-related mental incapacity. By order dated June 18, 1996, the President of the District Court ordered a psychiatric expert opinion to be prepared by the Cantonal Psychiatric Clinic of Solothurn. After Ms. X. failed to comply with the requests for outpatient assessment, the President of the District Court issued an order on July 7, 1997, that Ms. X. should be brought before the authorities by the police for the assessment.
Ms. X. appealed against this order, which was dismissed by the High Court of the Canton of Solothurn. Thereupon, Ms. X. filed a constitutional complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that the guarantee of personal freedom is an unwritten fundamental right of the Federal Constitution, which protects not only freedom of movement and physical and mental integrity, but also human dignity and all freedoms that represent elementary manifestations of personality development. Interventions in personal freedom must be based on a legal basis, be in the public interest, and be proportionate.
The Federal Supreme Court considers the procedure ordered by the cantonal…