No police custody facilities inspected have special facilities for this purpose, nor do
detention centres for illegal immigrants. In prison, cells for “persons with reduced mobility” have
often been designed, but often with makeshift means and few of them are really satisfactory241. In
addition, movements often involve the use of stairs – in the absence of the possibility of using
goods lifts – except when such persons are assigned to the ground floor, which is sometimes that
of the so-called closed regime242.
The question requires cumbersome arrangements, which can only be designed at the time
of elaboration of construction plans. Special attention is needed with regard to access to the
health unit in particular.
Protection of Children
As rule, adults and minors are separated within prisons: minors are
accommodated “in specialised prisons for minors and children’s wings of
remand prisons and institutions for convicted prisoners” of which the list is
fixed by order of the Ministry of Justice243.
On the one hand, the very concept of “children’s wings” within prisons catering for
adults is not without raising difficulties. Very often the need to provide specific premises catering
for minor prisoners was not taken into account when remand prisons were built.
It is common for the so-called minors’ wing to consist of no more than a
few cells, often located on the ground floor in order to separate them to a
certain extent from the rest of the prison.
The separation of these cells – or even wings – from the other parts of remand prisons is
far from being perfect; many facilities are shared (for example the health unit) and it is difficult to
avoid contact between adults and minors at the time of movements within prisons, even in very
recent buildings.
Accordingly, the creation and arrangement of accommodation wings for minors in
institutions principally housing adults needs to be reviewed.
On the other hand, although this separation is not strictly applied for boys, it is not
applied at all in the case of girls. Minors’ wings being exclusively occupied by boys, girls in most
cases find themselves accommodated in wings reserved for adult women, without any other
arrangement in view of their age. Apart from the fact that they are thus discriminated against as
compared with boys, they are sometimes subjected to situations which are harmful for them.
The incarceration of girls in women’s wings is contrary to the law: article R.57-9-10 of the
Code of Criminal Procedure provides that “female minor prisoners are accommodated in
units provided for this purpose under the supervision of staff of their sex”. It is to be
prohibited.
Finally, in psychiatric hospitals, the inspectors too often ascertain the presence of minors
and even children of less than 15 years of age in units for adults. These measures are taken for
reasons of management of beds in case of lack of available space as well as for disciplinary rather
than therapeutic reasons.
Specific units should be built or arranged to cater for them insofar as needed.
241
On this point see the various different inspection reports of the Contrôle Général and the Annual Report for 2012, p.
65.
242
Cf. section 4 above.
243
Cf. article R. 57-9-9 of the Code of Criminal Procedure.
156
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