Place concerned
Topic
Specific issue
Notification of rights
Access to
information
Citizen's Advice
Centre
Legal information
and advice
Oversight
Mental
healthcare
institution
Lawyer
Courtroom
JLD hearing
Hospitalised
detainees
136
Recommendation
It is necessary to come up with a protocol of the terms of informing a patient and
notifying him/her on the measures of treatment without consent. The issuing of this
information requires time, consideration and great care. The CGLPL recommends
that the Ministry of Health should draw up a model document explaining the various
different types of hospitalisation without consent and the means of remedy open to
patients, in simple terms.
Every patient must be informed about the rules of living in the hospital and any
information useful to his stay, via a welcome booklet or by displaying the rules in
each room.
Hotlines for access to legal advice, based on the model used in certain institutions,
must be generalised.
The effectiveness of the patients’ access to legal advice and to information must be
subject to systematic oversight by the supervisory authorities of hospitals and
common law visits.
The board showing the Bar association must systematically be displayed in the
institutions.
Specific training for lawyers in assisting patients hospitalised without consent is rare.
However, when it exists, it is observed that the development of the competence of
the defence forces the administration to strengthen its own arguments, which most
often back the decisions of the judge.
The initiative of specific training for lawyers must be encouraged, but it must be
organised such that it does not change the hearing of the JLD into a dispute with the
institution on one side and the patient on the other.
The remuneration of the lawyers must be reviewed, as it is lower as compared to
those handling other litigations.
The public authorities must, in consultation with each Bar of lawyers, ensure the
removal of local obstacles to the presence of lawyers at the hearings of the liberty
and custody judge.
The difficulties in permanently assigning a courtroom that complies with the
standards set by law are not valid to justify discontinuing mobile hearings.
Detainee patients are often handcuffed during the journey and are sometimes kept
handcuffed even during the hearing, while police officers attend the hearing. Simply
being a prisoner, without any personalised and formal risk analysis, cannot justify
such a practice. Strict directives must therefore be given by the Minister of Justice
for the proper use of means of restraint during the hearings of the liberty and custody
judge.
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