institutions therefore need to provide the practical possibility of suitable healthcare, thanks to a
sufficient number of consultation rooms, equipped in accordance with needs.
Deprivation of liberty needs in particular to represent an opportunity, for certain socially
excluded persons, to renew their contact with the health care system: hence the importance
of granting a central place to the health unit, which needs to be easily accessible to all.
Provision for these places of exchange also needs to be made inside hospitals.
It is regrettable that emergency departments cater for both patients who
come due to psychiatric disorders and patients present for reasons of a
somatic order, without being able to separate them. Moreover, in the
absence of specific premises catering for them, psychiatry professionals
have to go to the somatic emergency department in order to examine these
patients.
The creation, in several institutions, of reception and crisis centres equipped with a few
beds, serving as a place for planning any admission that may be necessary, testifies to the
solidarity of medical workers who have been able to pool the necessary resources. These places
of healthcare have shown that hospitalisations without consent can thus be avoided.
The Minister of Health needs to encourage the development, within general hospitals
catering for patients showing psychiatric disorders in their emergency departments, of
premises dedicated to the reception and care of psychiatric emergencies wherever these
would be better-equipped for both assessing the state of health of arrivals and carrying out
the procedures involved in the implementation of treatment without consent, and full
hospitalisation in particular.
2.3.3 Layouts that Take Account of Differences
Mixing of the Sexes
Mixing of sexes is put in place in prisons for minors (EPM)236 – as far as
accommodation is concerned – in child psychiatric units and in certain
young offenders’ institutions (CEF)237. It enables better handling of the
populations catered for.
Yet, conversely, in prisons “men and women are incarcerated in separate institutions or
separate wings of the same institution. In the latter case, all measures need to be taken to ensure
that no communication is possible between them, with the exception of activities organised on
the basis of article 28238 of the Prisons Act”. Furthermore, “female prisoners are only supervised
by persons of their own sex. However, the management may include male staff”239.
236
Prisons for minors are places of deprivation of liberty reserved for young people between 13 and 18 years of age
created by the Act laying down the basic principles for government action (loi d’orientation et de programmation) in
the field of Justice of 9th September 2002 referred to as the “Perben I” Act.
237
In accordance with article 33 of the aforementioned statutory instrument (ordonnance) of 2nd February 1945
"young offenders' institutions are public institutions or private institutions authorised under the conditions provided
for by decree of the Council of State, in which minors are placed in application of judicial supervision or probation
orders or external placements or following release on parole". They were created by the Act laying down the basic
principles for government action in the field of Justice of 9th September 2002.
238
This article provides that "subject to the maintenance of proper order and security in institutions and by way of
exception, common activities may be organised for both sexes".
239
Cf. Article 1 of the model prison rules and regulations, appended to article R.57-6-18 of the Code of Criminal
Procedure resulting from decree no.2013-368 of 30th April 2013 concerning model prison rules and regulations.
154
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