The Right to Respect of Dignity
Protection of the dignity of the person against all forms of subservience and degradation
constitutes a principle with constitutional value 118. Article L. 3211-3 of the Public Health Code
recalls that it is incumbent upon authorities and health professionals, in the fulfilment of their
duties and the exercise of their respective roles, to make sure that the dignity of persons
hospitalised without their consent is respected under all circumstances.
Clothing
The right to dignity presupposes being able to dress in a satisfactory manner and in
accordance with one’s own dress code.
In numerous hospitals visited, the patients are maintained in pyjamas, in
most cases those supplied by the institution, manifestly without taking the
dignity of the persons and the de-personalising impact of this dress into
account.
As observed in one institution in the Paris region, although an observation period
(referred to as the “pyjama period”) fixed by the psychiatrist, in accordance with the patient’s
state, is understandable, its maintenance throughout the period of hospitalisation constitutes a
serious violation of dignity. This is the case in certain units of psychiatric institutions in the
Rhône-Alpes region, which impose the wearing of pyjamas, even in the corridors of the hospital
and the cafeteria. According to the remarks made to the inspectors, this is intended to prevent
running away and to enable patients leaving the hospital without authorisation to be found more
rapidly. In one hospital in the South West of France, certain doctors justify putting patients in
pyjamas by the fact that they can thus remind patients that they are receiving treatment in a
hospital; others pointed out that pyjamas enabled them to distinguish patients from visitors and
persons working in the hospital. Finally, the inspectors also ascertained the use of pyjamas in
certain units as a means of punishing “unruly” patients.
Most patients interviewed by the CGLPL said that they felt these pyjamas to
be a humiliation. Moreover, the inspectors ascertained particularly shameful
situations, where the sizes of pyjamas supplied by the institutions are
unsuitable for stout or short people.
The wearing of pyjamas should be strictly proportionate to the required need for treatment.
When this practice is not appropriate to the patient’s state, it constitutes a treatment that
may be described as degrading. The CGLPL considers that the wearing of pyjamas is only
justified for a short period after committal and during periods in which patients are placed
in seclusion rooms.
Dress being an essential element of the psychological well-being of any individual, special
attention should be paid to this question in units catering for persons hospitalised without
consent. In one UMD visited, it was observed that tracksuits were the only clothes worn by
patients; in another, clothes on which the name of the institution was shown were systematically
used, as well as hospital underwear. Moreover, it was observed that, when patients do not receive
any visits and do not have any spare linen, the clothes lent or given to them by the institution are
often worn out and ill-assorted. Yet, hospitalised persons usually have a little money and might
therefore wish to buy clothes in order to be able to dress decently and according to their choice.
The CGLPL recommends that, in the absence of visits, the purchase of clothes should be
systematically proposed to persons that have financial resources.
118
Conseil constitutionnel, Décision no. 93-343/344 DC of 27th July 1994.
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