With regard to conditions of committal, especially those according to which patients
are informed of their rights, in particular their rights to remedy and the means at their disposal to
exercise them;
With regard to the conditions under which they appear, within the deadlines laid
down by law, before the liberty and custody judge; with regard, in particular, to the information
that may be given to them by the staff before and after the hearing;
With regard to their relations with the exterior. A priori, the manner in which
correspondence, telephones (including cell phones), visits and other means of personal contact
(iPhones and messaging) are regulated needs to be identical, only varying – temporarily – over
time according to the patient’s state.
With regard to rights concerning freedom of expression: the patient’s right to
communication, in the sense of personal expression to others, on the one hand, and of receiving,
on the other; in particular with regard to freedom of information, free access to religious worship
and respect for associated prescriptions68.
With regard to all that follows from respect for their private life and, in particular,
their privacy, obviously under conditions compatible with the requirements of collective life and
security: conditions of family visits, protection of the room (cf. above) etc.
Finally, with regard to possessions, to which the right to respect for their personal
property is attached. Although, in most cases not of great monetary worth, the value that the
patient attaches to them should be manifested, as the Contrôle Général has noted in a certain
number of inspections, by procedures such as inventories on admission and discharge, protection
of possessions of value and the possibility of taking care of due dates for properties outside
(payment of rents etc.). Such is the case, in particular, of patients for whom no provision has
been made for protective measures. In this regard, the appointment of a trusted person as legal
representative (which also involves procedures that need to be standardised between units) is
likely to facilitate the effectiveness of this right69.
It would be useful for these various different elements to be specified in a circular issued
by the minister in charge of Health, in order to shed light upon and facilitate the deliberations of
the institutions.
68
69
See section 8 below Reviewing the Question of Secularism in Prisons.
See section 9 below concerning patients’ rights.
63
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