Similarly, with regard to minors, although “female minor prisoners are accommodated in
units provided for this purpose under the supervision of staff of their own sex”, “activities
organised in specialised penal institutions for minors can cater for prisoners of both sexes”240.
In practice, the reasons often put forward in order to justify this separation are connected
with the risk that mixing of the sexes could represent for women captives and with the lack of
female staff.
It is nevertheless important for the prisons administration to comply with legal
provisions: thus, totally strict separation of men’s and women’s wings in prisons is not justified
except as far as accommodation is concerned.
Institutions should arrange areas for common activities, in particular work and training,
teaching and cultural activities.
In psychiatric hospitals, mixing of the sexes has henceforth been brought into general use
in full-time hospitalisation units, the assignment of persons of the opposite sex to the same room
is alone ruled out. This practice, which arises from the will to provide patients with a relational
environment in accordance with normal practices in society, is likely to reduce their social
exclusion as a result of confinement. Nevertheless, it is a source of relational difficulties when not
backed up in terms of the organisation of space when, in addition, sexual relations between
patients are often prohibited by the rules and regulations or living rules of the units. Female
patients sometimes also raise cases of rape and even report such offences to the prosecuting
authorities.
For all that, the solution to the possible problems inherent in mixing of the sexes in the
units of psychiatric hospitals should not lie in the separation of women and men into
separate wings or floors, but in leaving the possibility of controlling the locking of their
rooms to the occupants. The architecture of places of confinement needs to include the
mixing of sexes by making provision for arrangements which render the spaces functional
and harmonious.
Thus, in one CEF inspected, mixing of the sexes was not a part of the initial project,
which was intended to cater for “twelve boys between 15 and 17 years of age”. The initial
educational project was finally changed to enable the accommodation of girls, since theatre
activities, which the CEF used as an educational aid, lent themselves well to the mixing of the
sexes. At the educational level, technical solutions have been found enabling institutions to cater
for both girls and boys. The CEF had twelve rooms: seven for the boys and five for the girls at
the time of the inspection. The number of rooms respectively reserved to girls and boys could be
varied according to the population catered for, since the passageway door separating the girls’
accommodation area from that of the boys was movable.
Thinking about Ageing and Disablement
The population of places of deprivation of liberty is much younger than the general
population, with the exception of mental health institutions.
The fact remains that non-negligible fluxes in terms of volume, and above all increasing
over time (with a probable exception as far as the detention of illegal immigrants is concerned
and in CEFs by their very construction), are made up of persons of more than 60 years of age
and persons whose state of health requires their special needs to be taken into account in their
accommodation.
240
Cf. article R. 57-9-10 of the Code of Criminal Procedure.
155
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