it, has been compounded by a lack of communication and concerted efforts on the part of the various
medical stakeholders in the host hospital, child welfare social workers and judges. The dysfunctional
communication between the different institutions led to a hospitalisation in a legal framework which
significantly complicated the child's care, and lost sight of its protection and healthcare objective
because of a primarily security purpose - the end result being the child was deprived, for nearly eight
months, of direct access to fresh air, contact with other children of his age and schooling.
Accordingly, there have been unjustified and disproportionate violations of the
child's fundamental rights throughout the process: violation of the right to an
education, by a lack of schooling; violation of the right to education, by an
educational provision that is not comprehensive enough given the problems and
situation of isolation and idleness experienced by the child; violation of the right
to a social life and learning about living in society, by reduced contact with
people from outside the hospital and with child welfare services and by a total
lack of contact with children of the same age; violation of the right to leisure and
recreational activities specific to his age; violation of the right to have a legal
guardian capable of exercising the child's rights during administrative and legal
procedures; violation of the right to access medical treatment, by a delay in the
provision of psychiatric care when the first requests for treatment were made, by
the refusal of the child psychiatry structures called on to receive the child and,
finally, by the harm that keeping him at the hospital ended up having on his state
of health, despite the consideration of the nursing staff; unequal treatment,
insofar as children in a similar situation, but living in a health territory that has a
better provision of child psychiatry structures, can have access to more suitable
care in light of their needs and their state of health, which amounts to lost
opportunities for the child; violation of the freedom to come and go, by longterm seclusion in a room, unjustified by the child's condition but on the grounds
of his hospitalisation in an ill-suited structure; unjustified deprivation of liberty,
since his sectioning was no longer justified by strictly medical reasons but was
primarily due to the various institutional and structural difficulties mentioned in
the on-site verification report.
4.1.5 The provision conditions for a prisoner on a hunger strike
Two inspectors including one medical inspector travelled to the national public health institution at
the remand prison of Fresnes (ESPNF), and then to a hospital following a referral on the provision
conditions for a prisoner on a hunger strike for 69 days.
The investigation particularly examined organisational and medical provision at ESPNF. The
inspectors also observed difficulties in the organisation and delivery of the system whereby guards
remain in place to keep watch at the hospital, which have endangered the prisoner's health. Lastly, the
investigation bore on the conditions in which a doctor may or may not resort to force-feeding a
prisoner where his condition is becoming life-threatening over the short-term, in relation to respect
for fundamental rights. A study of the international and regional texts as well as national legislation
and regulations – spread across the Public Health, Civil, Criminal and Criminal Procedure Codes –, of
case law - not least that of the European Court of Human Rights - and the standpoints of such bodies
as the National Order of Doctors (CNOM), National Ethics Advisory Council (CCNE), World
Medical Association (WMA) and International Committee of the Red Cross (ICRC) reveals a diversity
of significantly different approaches.
Following the investigation, the Chief Inspector contacted the CNOM, the Interregional
Directorate for Prison Services (DISP) and the prefectures concerned for their comments on the
difficulties observed.
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