prayer, and submission to prison rules, which left no place for any individual autonomy outside
of the cell.
An examination of articles 22 and 100 of the Prisons Act of
24th November 2009 shows that the notion of placement in individual cells
no longer has the same meaning today. Originally intended as a punitive
measure, individual cell placement has now become a demand relating to
human dignity and protection of the person and a guarantee of respect for
their privacy and physical well-being.
The objective of social rehabilitation, for its part, appeared after the Liberation, at the
time of the Amor Reform of 1945. It authorised forms of collective life, even making the latter a
principle of the new penal system. This period marks the beginning of a real opening of prisons
with the development of health care, education, vocational training and leisure activity schemes
etc. within institutions and the involvement of new actors (members of the national legal service,
social workers, associations and companies etc.), including within the actual prison staff.
The Prisons Act of 24th November 2009 resulted from these changes. Article 1 of the Act
assigns an objective to the deprivation of liberty and states that: “The regime of enforcement of
custodial sentences reconciles the protection of society, the punishment of the convicted
prisoners and the interests of victims, with the need to prepare the prisoner’s integration and
rehabilitation in order to enable them to lead a responsible life and prevent the commission of
new offences”. Moreover, article 2 assigns a very different mission to the prisons administration
than that of 1875: “The public prisons service contributes to the execution of criminal
judgements. It contributes to the integration and rehabilitation of persons entrusted to it by the
courts, to the prevention of recidivism and to public security, in accordance with the interests of
society, victims’ rights and prisoners’ rights. It is organised in such a way as to ensure adaptation
of sentences to individual requirements and reduction of convicted prisoners’ sentences.”
The CGLPL finds that, generally speaking the organisation of imprisonment does not
fulfil the objective of promoting prisoners’ autonomy (I), although this objective constitutes a
requirement concerning them in view of their fundamental rights and, in the case of convicted
prisoners, gives meaning to the serving of their sentences (II).
1.1
The Institutional Approach: an Organisation of Imprisonment that is
hardly conducive to Personal Autonomy
1.1.1
Prison Architecture that does not promote Personal Autonomy
1.1.1.1 Old Institutions
In spite of major renewal of France’s prisons since 1987 (following four plans for the
construction of new institutions), the vast majority of remand prisons are housed in old and
cramped premises, which are sometimes several centuries old, or built according to the cellular
model prevailing at the end of the 19th century. In certain places, architectural layouts of this kind
determine the position taken by officers: the prisoner’s “place” is in their cell and any movement
is perceived as an anomaly and a constraint. It therefore perpetuates the frame of mind of 1875,
that of prison as a place of penitence and punishment.
Although the numerous “small” remand prisons, located in town centres,
near the court to which they are administratively attached, encourage
respect for certain fundamental rights, and in the first place the right to the
maintenance of family ties, on the other hand they are in general hardly
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