OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
need to provide treatment for the persons in question cannot mask
this reality, contrary to what the staff providing treatment sometimes
say – though this in no way means classifying a hospital as a “prison”.
Such deprivation of liberty must therefore be surrounded by all
necessary guarantees, particularly since the persons concerned do
not necessarily find it easy to assert their legal rights. This is where the
Contrôleur général des lieux de privation de liberté becomes involved.
As it happens, such deprivation of liberty can only be maintained if –
and only if – two conditions are met: firstly that a serious threat to law
and order has been established; and secondly, that treatment such as
that provided in hospital, is required.
3/ At the present time, four elements are disrupting the balance that
needs to be achieved.
4/ Firstly, the management and medical staff of the establishments
concerned should be particularly vigilant regarding the option open
to persons undergoing compulsory admission to hospital, of disputing
the measure applicable to them, before the competent court.
This is not the case where, firstly, the rights that people must be
informed of as soon as they are admitted to hospital are often
presented in abstract terms, and indicated expeditiously; in other
cases, such notification is itself deferred. Secondly, in cases where
recourse to a lawyer is not always immediately available, and certain
psychiatrists take the view that a time of adaptation to hospital is
required, the latter then decide the length of this period on the basis
of the patient’s condition: however, while a phase of this nature can
be prescribed, it cannot be applied to the lawyer, access to whom
must be unconditional. And finally, it does not apply in cases where
the person admitted to hospital is not told – which is the case in
around one half of the establishments visited so far – that they are
entitled, under the legislation governing patients’ rights, to nominate
a “trusted person” who will be responsible for “accompanying them in
the action they take”: this person can provide effective assistance to
patients who, having been admitted under the regime of compulsory
admission to hospital, undoubtedly pose a threat to law and order but
in many cases, at the same time are very vulnerable and sometimes
have no family support network whatsoever.
5/ Secondly, in contrast to the policy initiated during the 1960s,
nowadays the doors of a growing number of psychiatric hospitals are
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