in all circumstances, all births and gynaecological examinations, without exception, must take place
free from handcuffs and restraints and with no prison staff in attendance."
This report also provided an opportunity to underscore that respect for medical
confidentiality, the patient's right, is an absolute duty for the physician who must abide by it. Where
attendance of prison staff may, under exceptional circumstances, prove necessary during an
appointment, means must be taken to ensure that the patient's privacy is respected (by
communicating in writing or using curtains or screens, etc.). An express reminder of the principle of
respect for medical confidentiality must be given to medical and prison staff alike.
In 2017, similar recommendations were issued to several heads of institutions concerning
cases which had been referred to the CGLPL by post.
One referral received in 2017 is particularly edifying in this regard:
"Dear Madam,
In October 2015 I had written to you about a problem I encountered during a
transfer to the hospital for medical reasons. The otolaryngologist had refused to
allow my handcuffs to be taken off during the examination. You took action and
nothing of this sort happened again.
I have just experienced the problem again yesterday, but in a more violent way
(…).
This time it was the warders in charge of the transfer who refused to take my
handcuffs off in the presence of the stunned practitioner, even though I had
asked them to do so. Two of them remained in the room throughout the
appointment, and medical confidentiality was not respected as a result. I told
them that I was going to contact my lawyer, but this had no effect on their
attitude (…).
I am 66 years old and I have never had an incident report drawn up against me
during more than seven years in prison. These humiliating attitudes are
becoming ever more common [in the institution], I have already written to you
about this in my previous letters (…). I'll admit that I fear reprisals as writing to
you is seen in a very bad light".
Talks were held with the heads of institutions following inspections. Accordingly, in one longstay prison, it had been found during an inspection in 2016 that a memo required a warder to be
present during medical treatment. A recommendation had been issued for the purposes of repealing
it. The management of the relevant hospital had proposed organising discussions on this subject with
the nursing staff.
During talks with the management of this institution in 2017, it was found that the memo in
question had been repealed. The job description for the warder assigned to the health block now
provides that the employee only attend the appointment where requested by the practitioners or
advised by the institution's management. In this context, a reminder is given of the importance of
honouring the principle of discretion set out particularly in the professional practices guide on health
block surveillance.
Similar to the on-site verification conducted at the Fleury-Mérogis remand prison in 2016,
these examples are characteristic of the difficulties encountered in applying the principles enshrined in
law, which the CGLPL has nevertheless reiterated countless times, in practice. The Chief Inspector
will continue to pay close attention to these questions, which are fundamental for ensuring that the
dignity of detainees during external movements for medical reasons and medical confidentiality are
respected under all circumstances.
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