On the other hand, the Contrôleur général is pleased to note the publication of the
interministerial circular of 21st June 2012 from the Ministry of Justice and the Ministry of Health
and Social Affairs, concerning the sharing of operational information between health
professionals and professionals within the prisons administration and the Judicial youth
protection service. This circular makes it possible to establish a list of information which should
or may be exchanged between professionals, in order to ensure security in prisons while
protecting the medical secrecy guaranteed to persons in custody by article 45 of the Prisons Act
of 24th November 2009. However, the Contrôleur général deeply regrets that the issues dealt with
in the report for 2011 and recalled above are in no way taken up in the circular, despite the fact
that they continue to pose problems in institutions. In addition, he is surprised by the contents of
the list of information which “may” be passed on by prison professionals, without therefore any
obligation on their part (“non-systematic and non-urgent nature”): it includes information on the
family and social background of prisoners, on their behaviour in custody and participation in
activities, their personal hygiene and the cleanliness of their cells. Nevertheless, these are essential
pieces of information for the provision of high-quality healthcare to prisoners 191.
4.2 Provision of medical services for transsexual prisoners
On 30th June 2010, the Contrôleur général published an assessment concerning prisoners
suffering from problems of sexual identity. These are persons serving long sentences who report
their feeling of belonging to the opposite sex and who encounter difficulties in their conditions
of detention and in the medical services provided for them.
The observations highlighted in 2010 by the Contrôleur général remain pertinent in 2012:
there are still no guiding principles applicable to institutions as a whole, which leads each director
to make decisions on a case-by-case basis (authorisation to wear women’s clothing, possibility of
buying beauty products in prison shops etc.). Furthermore, imprisoned transsexual persons do
not have access to medical care provided outside of institutions and only one of them has had the
benefit (and moreover rather belatedly) of routine access to a specialised team within the national
public health institution at the remand prison of Fresnes.
After being questioned about this issue in June 2012, the Minister of Health and Social
Affairs replied in October 2012 that hospitalisation at Fresnes could not constitute a general rule
to be applied for dealing with imprisoned transsexual persons, pointing out that: “In view of the
geographical location of specialised teams, the prison administration should, in coordination with
the medical teams, assess the appropriateness of transferring these persons to prisons near towns
that possess such teams, so that appropriate medical care may be provided in the course of their
imprisonment”.
The Contrôleur général can only be surprised by this reply, which echoes current
practices for dealing with transsexual persons that have shown their limits, as recalled in the
assessment of 2010. Indeed, it is the absence of structure in the supply of treatment for prisoners
that gives rise to difficulties of provision of medical care, slowness in the taking of measures
aimed at persons and the heterogeneity thereof according to institutions.
Overall structure of this kind (which could be based upon the recommendations of the
Haute Autorité de santé Health Authority in its report published in February 2010) indeed comes
within the competence of the Ministry of Health and the responsibility of the prisons
administration therefore only extends to organising itself in order to allow access to the
healthcare considered appropriate by the medical teams.
191
Cf. section 5 of this report.
88
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