The Right to Information The provision of information of good quality is an essential pre-requirement in order to place hospitalised persons in the position of being able to defend their rights, inform themselves of the rules of life during their stay in hospital and understand the treatment given to them. The demand for specific and accessible information should thus enable patients, insofar as possible, to make enlightened choices with regard to the acts that concern them. Indeed, although persons committed “without consent” are considered unable to express their consent to the treatment they require, their opinion should be sought and taken into account with regard to the practical details of the treatment. Information concerning State of Health The Act of 4th March 2002 concerning patients’ rights and the quality of the health system establishes the right of patients to be informed of their state of health: “This information concerns the various different investigations, treatments and preventive actions proposed, the usefulness thereof, the urgency if necessary, the consequences, any foreseeable frequent and serious risks that they involve, as well as other possible solutions and the foreseeable consequences in case of refusal […]” 109. Persons hospitalised without their consent thus have the right to obtain information appropriate to their capacity for understanding with regard to the diagnosis made, the medicines given to them (including the intended effects and any undesirable effects) and the treatment plan implemented. As far as the place of families is concerned, it was observed that psychiatrists may have conflicting policies, sometimes within the same unit. Some of them consider that since, due to their illness, it is not possible to take the patient’s autonomy as established, it is appropriate to closely involve the family in the provision of medical treatment, considering it essential for the latter to be informed of the diagnosis and treatments given to their hospitalised close relation. On the other hand, other psychiatrists consider that, when the person hospitalised is an adult, it is incumbent upon them to manage their illness alone, and there is no reason for close relations to receive information. The inspectors have thus encountered families who, for this reason, had not been informed of the date of discharge of their hospitalised relation, despite the fact that the patient was going to return to live with them. An interesting experiment is to be noted: in one institution in the Parisian suburbs, the head of department co-organises a programme of exchanges and meetings with the president of the UNAFAM in order to promote and explain patients’ treatment programmes for their families and friends. According to the remarks noted, not only do these meetings enable exchanges and the passing on of information, but also make it possible for the constraints faced by professionals and families to be taken into account. The CGLPL considers that initiatives of this kind should be extended. The Haute Autorité de Santé [French independent scientific public authority contributing to regulation of the quality of the health system] recommends that trusted persons appointed as legal representatives 110 should be consulted when patients are not in a state to be informed 109 Article L. 1111-2 of the Public Health Code. The Act of 4th March 2002 provides that any adult person may appoint a trusted person as legal representative, in order to help them in their decisions, receive information on the spot and be consulted when the patient is not in a 110 126

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