Recommendations of 18th June 200910
concerning the Esquirol hospital in
Limoges
Four controllers duly authorised by the Contrôleur général des lieux
de privation de liberté (CGLPL) visited the Esquirol hospital in Limoges
(Haute-Vienne) from 9th to 11th December 2008.
The observations made during this visit gave rise to an initial report
which was sent to the director of the establishment on 19th December
2008.
The director submitted his comments on this report in a letter dated
6th January 2009.
On 10th February 2009, the full report of the visit was sent to the
Minister for Health and Sports.
The Minister submitted his remarks, which have been added to the
report as an appendix, in a letter dated 6th April 2009.
In the wake of this procedure, and in accordance with the law n°20071545 of 30th October 2007, the Contrôleur général des lieux de privation
de liberté has decided to make public the following recommendations:
1/ Although information on patients admitted to hospital without
their consent is supplied quickly and consistently throughout the
entire establishment, the exercise of rights of appeal for patients
is, however, not sufficiently guaranteed: the explanations given are
provided exclusively by nursing staff in little accessible legal terms. A
model national document targeting a non-specialised public should
be developed, notably in cooperation with user associations.
2/ The right to privacy is not respected when letters sent by patients
are subject to monitoring, even if the envelopes are not opened. The
right to correspondence of patients hospitalised without their consent
cannot be contested, including for measures to address health care
and safety objectives.
3/ The hospitalisation of persons without their consent is not carried
10
Published in the Journal Officiel de la République française n°0151 of 2nd July 2009,
text n°59.
23
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