OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
roles resulting from the identical uniform for security staff and medical
staff. The Chief of Police has indicated that badges will henceforth
enable the differentiation of the two. Warders should no longer wear
nurses overalls.
Likewise, it should be kept in mind that the stay in the establishment,
which performs an exclusively guiding role, can only be temporary.
The organisation of the presence of medical staff during the visit
resulted in persons arriving after 2 p.m. being required to stay on
site until the following day, even though this was not justified by any
therapeutic or care necessity. A solution has since been found at least
in the short-term. Steps should be taken to ensure its continuation.
Above all, there is some confusion in the orientation decided on
site between procedures for hospitalisation by court order and
hospitalisation at the request of a third party, the procedures for which
are nevertheless carefully distinguished by the law. This confusion is a
result of difficulties that family members and friends have in obtaining
authorisation to visit patients, and therefore being able to initiate the
procedures for hospitalisation at the request of a third party if they so
wish. Clarifications must be made on this point.
The foregoing points alone do not require the publication of
recommendations. However, the very principle of the existence of the
psychiatric infirmary of the Paris police headquarters warrants clear
choices.
As recalled in an opinion of the Contrôleur général published on the
same day, hospitalisation without consent, of which admission to an
establishment is one of the tools, is notably a deprivation of liberty.
This must therefore be accompanied by the necessary guarantees for
balance between the preservation of public order and the rights of
the individual. These guarantees require that the decisions taken be
done so by their caregivers solely on these grounds.
It is indisputable that the specific organisation in Paris results in
hospitalisation by court order, as established in the Public Health
Code: on the one hand, the Chief of Police, and not the Prefect of the
department, is responsible for ordering the hospitalisation of persons
on court order, and the extension of this measure or its withdrawal;
and on the other hand, on the principle that the municipal police
powers are exercised by the Chief of Police, the police superintendents
and not the Mayor, take provisional measures with respect to persons
74
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents