the possibility of moving around inside the institution. Where a prisoner or person in police
custody requests to leave the healthcare institution, measures are taken for them to be placed at
the disposal of the authorities responsible for them”.
The hospital has to inform the prisons administration, and solely the latter, of any
important event arising in the course of prisoner’s stay. Thus the persons to be notified cannot
be directly informed of the state of health of their family member. Similarly, trusted legal
representatives appointed by prisoners have to have (article 49) a visiting permit authorising them
to confer out of the presence of prison staff.
The means of remedy open to prisoners with regard to health care treatment (access and
quality) are little-known. They can make an application to the doctor responsible for them
in the course of their hospitalisation, to the head of the institution or to the committee for
relations between public health institutions and users thereof at the hospital. In last resort
they can bring a liability action (sent to the director of the hospital beforehand). Prisoners
need to be better informed of their means of remedy.
7.5
The Special Situation of Secure Rooms and UHSI
The Minister of Justice appoints managerial and supervisory staff to health
institutions responsible for catering for prisoners, as well as administrative,
social, educational, and technical staff, who come under the prisons
administration and remain subject to their special status.
The competencies of regional health agencies with regard to the objectives and funding of
health care activities in prisons are jointly exercised by the Minister of Justice and the Minister in
charge of Health.
Security measures in places of hospitalisation, secure rooms for very short periods of
hospitalisation and UHSI Interregional Secure Hospital Unit rooms, contribute to the existence
of degrading treatment of hospitalised persons.
In one hospital in the North-East of France, the secure rooms have been entirely refitted
according to current norms169, however, the police are in the habit of permanently leaving ventral
belts and other instruments of physical restraint for legs on the beds. During the inspection of
these rooms, the inspectors were able to talk with a patient… under physical restraint.
In the UHSI of Lyon, on the other hand, the medical staff have obtained permission
from the prison officers, for patients hospitalised for long periods and according to their profile
of dangerousness, to wander about for a few hours a week in order to make up for the lack of an
exercise yard.
On the other hand, most hospitals apply paragraph 8 of the Charter, which provides that
“the health institution guarantees the confidentiality of information that it holds on hospitalised
persons (medical, civil status, administrative and financial information etc.).”
7.6
Poorly kept Medical Secrecy
Article 45 of the Prisons Act imposes respect of medical secrecy upon the
prisons administration. This secrecy is not only an obligation incumbent
upon professionals but also a right of patients170. Article L 1110-4 of the
Public Health Code provides that “any person treated by a professional, an
169
Circular DAP/DHOS/DGPN/DGGN of 13th of March 2006 concerning the fitting out and creation of secure
rooms.
170
Act no. 2002-303 of 4th March 2002 concerning the rights of patients and the quality of the health system.
113
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