Considering that, if we are entitled to demand from practitioners that they give medical
assurances, we are also entitled to expect the authorities to establish the risk that they claim justifies
the extension of a deprivation of liberty; the CGLPL recommended that in case of a disagreement
between the medical staff and the administrative authority, the competent judge will be requested
to give his ruling, with the director of the institution being required to refer the case to him without
any formality.
In its annual report 2013, the CGLPL emphasised the need to evaluate the healthcare staff
required for the proper functioning of the various structures, to strengthen the human and logistical
resources of the extra-hospital structures and to strengthen the resources of the admission units,
especially by recruiting nurses and psychologists.
He also recommended granting the patient the legal status corresponding to his status, and
especially informing the State Prosecutor when a person admitted in free healthcare is clearly unable
to give informed consent or is placed in a seclusion room for more than twelve hours.
The CGLPL also recommended improving the measures providing patients under forced
hospitalisation with access to their rights. For this, he recommended a standard document
presenting the different forms of forced hospitalisation and the means of remedy offered to
patients, a formalisation of the collection of the patient’s observations, provided under Art. L.
3211-3 of the Public Health Code, and a strengthening of the roles of the consulting bodies in
evaluating the restraints forced on the patients (commissions for relations with users and quality of
healthcare - CRUQPEC) as well as the departmental commissions for psychiatric care. In the same
respect, he recommended training specialised lawyers for aiding patients hospitalised without
consent and reviewing their remunerations, which are lower as compared to those of other
litigations.
Finally, he recommended instituting protocols and a traceability of the use of seclusion and
restraint.
The Law dated 5 July 2011 concerning the rights and protection of persons subject to
psychiatric treatment and the practical details of their care and treatment and the Law dated 27
September 2013 amending certain provisions of the Law no. 2011-803 dated 5 July 2011, were
formulated to meet the recommendations of the CGLPL pertaining to notifying prisoners of the
measures of hospitalisation without consent, to informing patients of their rights and to controlling
the decisions of placing people under hospitalisation without consent. Chapter 1 of this report
shows that these provisions are slowly entering into practice.
On the other hand, it is regrettable that none of the three laws that were instituted after the
Opinion of the CGLPL dated 15 February 2011 pertaining to certain terms of hospitalisation by
court order were used to improve the court oversight in situations in which the administrative
authority decides on restrictive measures of patients’ rights that are contrary to the medical
recommendations.
The law modernising our health system, adopted on its last reading by the
National Assembly on 17 December 2015, constitutes essential judicial
progress as regards the use of seclusion and restraints. It states that “seclusion
and restraints are practices of last resort. They may only be used to prevent
immediate or imminent damage to the patient or another person, on the
decision of a psychiatrist, and for a limited period. Their use must be subject
to strict surveillance, entrusted by the institution to healthcare professionals
designated for this purpose.”
As the CGLPL has been requesting for several years, the law now obliges every healthcare
institution authorised to provide psychiatric care and designated by the director general of the
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