Strategies for getting around the rules are therefore both a way of dealing with
deprivation of autonomy and the most remarkable expression of the inalienable character
thereof, even in an environment of dependency. Like the “yo-yos”, which the prisons
administration has tried in vain to bring to an end, by means of a marked increase in the use of
gratings and disciplinary sanctions, despite the fact that they only make up for the human
impossibility of communicating between neighbours, it appears difficult to overcome these
subversive expressions of autonomy.
It is illusory to think that it is possible to completely deprive people of their autonomy; on
the contrary, to attempt to do so leads to the proliferation of clandestine practices, which
undermine the security of the institution. For this reason, the CGLPL considers that, far
from endangering the security of institutions, a relaxation of the rules in favour of a
consolidation of the autonomy allowed to prisoners would, on the contrary, pacify prisons,
while promoting personal fulfilment and respect for imprisoned persons’ fundamental
rights.
Unlike free persons, prisoners cannot have the benefit of the effective right to a sex life,
whether in cells or in visiting rooms. Indeed, sexual relations are prohibited on the grounds of
the possibility of offending visitors’ sense of propriety or that of prison staff in charge of
supervising visiting rooms or making checks through the cell peephole. This insidious rule
constitutes an obstacle to the autonomy of persons to conduct the private, family and emotional
life of their choice, including within the supposedly private area of the cell.
At the present time, there are still too few family life units (UVF) 65 in prisons, and in
remand prisons in particular. On 1st June 2013, only twenty-two prisons had the benefit of a
UVF 66. Moreover, in new prisons where the number of persons accommodated very often
exceeds the theoretical number of places, the number of UVFs is inadequate in view of the
requests from prisoners who cannot, therefore, have the benefit of “at least one visit every three
months” in a UVF or family visiting room 67, as provided for under article 36 of the Prisons Act of
24th October 2009.
The CGLPL considers that the construction of UVFs in existing institutions and new
prisons should be a priority. Moreover, it recommends free access to condoms within health
units as well as UVFs and family visiting rooms, as is already the case in certain institutions,
in order to deal with the risks of sexually transmitted diseases and unwanted pregnancies.
The specific case of transsexual persons, whose change of civil status has not yet been
recognised, needs to be raised once again. The latter are imprisoned in sectors intended to cater
for persons of their sex of origin, which hardly corresponds to their current physical appearance,
and in general have the right to clothe and attire themselves, within their cells, according to the
gender norms of their reassigned sex. Nevertheless, certain persons encounter difficulties in this
area. In particular, the situation was referred to the CGLPL of one transsexual person imprisoned
within a men’s wing. The latter was unable to purchase bodily hygiene products and clothes for
women on the grounds that they had given up the plan of completing a sex change protocol and
65
“Premises specially designed in order to enable prisoners to receive visits, without continuous direct surveillance,
from adult members of their family and close relations accompanied, if necessary, by one or several children, for
periods of between six and seventy-two hours” in accordance with article R. 57-8-14 of the Code of Criminal
Procedure.
66
The seventy-four existing UVFs are distributed as follows: sixteen in prisons with sections incorporating different
kinds of prison regime, three in long-stay prisons and three in long-term detention centres.
67
At 1st June 2013 nine prisons had family visiting rooms, distributed as follows: three in prisons with sections
incorporating different kinds of prison regime, one in a long-term detention centre and five in long-stay prisons.
Among the latter, two also have a UVF.
93
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents