over their physical appearance. If there is not a broad choice in canteens, women must be allowed
to receive hygiene products and makeup via the visiting rooms.
On the subject of "hygiene kits" for women in custody facilities, the Minister of the Interior
spoke of a gradual development in the provision of hygiene kits for women despite budgetary
pressures.
Since its 2008 annual report, the CGLPL has not let up in its criticism of the
practice whereby women placed in custody have their bra confiscated
systematically, for it deems this to be a slight on the dignity of women in
custody and out of proportion with the risk.
Regarding the confiscation of women's bras when they are placed in custody, the Minister
maintains that this should not be systematic, but subject to a detailed, case -by-case assessment,
based on the vulnerability of the person in custody; this decision must be justified and carried out
respecting the privacy of the person concerned. The Chief Inspector draws attention once again to
the observations it made across all custody facilities – namely the systematic confiscation of bras
with no individual assessment of the situation.
Lastly, since the security measures taken against people deprived of liberty can constitute a
violation of their fundamental rights, careful attention must be paid to the way in which some of
them are carried out as regards women deprived of liberty. Accordingly, the CGLPL stresses the
need for strict compliance with the provisions set out in Article 52 of the Prison Act, which stipulate
"Any delivery or gynaecological examination must be performed without restraints and without the presence of the
prison staff, in order to guarantee the right to respect of the dignity of detained women ".
Concerning custody, the CGLPL reiterates the recommendations it made in its 2011 annual
report: "on the subject of searches, the principle according to which they may only be conducted by officers of the
same sex is not always possible in practice where women are concerned […] particularly because there are not enough
female staff on the night shifts. Since this situation is the exclusive responsibil ity of the administration, in such a
case the decision must be made that no search of any kind (including security frisking) may be carried out ". It
stresses, for all places of deprivation of liberty, that respect for human dignity prevents any
possibility of conducting a search of women's sanitary towels.
The Chief Inspector upholds all of her recommendations to ensure that the principle of
gender equality is respected.
2. Emergency recommendations dated 8 February 2016 on the Ain
psychotherapy centre (CPA) in Bourg-en-Bresse
Following an inspection from 11 to 15 January 2016 of the Ain psychotherapy centre in Bourg -enBresse, the Chief Inspector submitted emergency recommendations to the Minister of Social Affairs
and Health.
This huge centre offers satisfactory hotel-style accommodation conditions with wellappointed and well-kept individual bedrooms; a construction programme bearing on buildings
intended to house units installed in older facilities is currently under way.
But that aside, the inspectors observed serious violations of the fundamental rights of the
patients hospitalised there:
-
a practice of control and monitoring of patients' actions and movements, including
patients who are hospitalised with their consent, applied excessively strictly: all units are
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