therapeutic plans. Moreover, it specifies that more active listening would be conducive to giving
hospitalised persons increased awareness of their responsibilities. 105
The notion of autonomy may thus be understood through the acknowledged
fundamental rights of all patients: right to information, right to choice of doctor, choice of
lawyer, right to dignity, right not to be subjected to torture or inhuman or degrading treatment,
right to respect of private and family life, right of expression, right to vote etc.
It emerges from the visits conducted by the CGLPL that the conditions of operation of
psychiatric institutions, as well as their geographical location in certain cases, lead to restriction or
deprivation of autonomy for persons hospitalised without their consent.
We shall examine these findings by means of an institutional approach, for the most part
marked by restrictions of autonomy (I), followed by their consequences on patient’s lives and
fundamental rights (II).
3.1
The Institutional Approach
From the point of view of the institution, several elements may be put forward in order to
explain the restrictions placed upon autonomy: hesitation about change, the constraints of the
legal framework of deprivation of liberty and the layout of premises as well as scarcity of human
resources. As for decisions of a medical order that limit personal autonomy, they shall only be
questioned insofar as they are non-personalised and/or based upon considerations other than
those strictly pertaining to the patient’s interests (for example, in order to make the management
of a department more fluid) and may be considered unjustified infringements of personal rights.
In the first place, there are reasons for questioning the way in which legislative changes
and the reinforcement of patients’ rights have been taken into account within the psychiatric
environment.
Reluctance to change was expressed at the time of publication of the Act of
4 March 2002 and then increased, in a part of the world of psychiatry, as from the inception of
the Act of 5th July 2011. Indeed, questions concerning the extension of patients’ rights and even
opposition thereto emerged at the time of the debates about the aforementioned Acts, as shown
by certain articles in specialised works: “With the abandonment of a position of medical
infantilisation, the “citizen-person suffering from illness” is being replaced by the “person
suffering from illness-citizen”, but with the inevitable consequence of an increase in the
importance of legal norms and citizens’ rights and the risk of reducing the person to nothing
more than a legal entity with rights and obligations”; moreover, “situations of conflict caused by
opposition between the duty to provide assistance and the duty to protect society” were
denounced. 106
th
Have these doubts continued? Have the legislative objectives focused upon increasing
rights, reintegration and making patients more aware of their responsibilities, met with any
response within the framework of treatment?
Although, generally speaking, psychiatric institutions have adapted to the
new provisions, the CGLPL has ascertained great heterogeneity of practices.
105
Cano N, et al, “ L'hospitalisation en psychiatrie : point de vue des patients et perspectives éthiques ”, Annales médicopsychologiques, no. 171/8, 2013; Cano N, et al, “L’isolement en psychiatrie : point de vue des patients et perspectives
éthiques”, Encéphale (2010)
106
Le livre blanc de la fédération française de psychiatrie, Fédération française de psychiatrie, 2003.
122
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