- The PJJ department and/or associations managing CEFs, need to support teams which take “the risk” of promoting autonomy, by checking the validity of the educational projects, the dissemination thereof and their actual assimilation by the teams; assistance in putting reliable teams together, support via the organisation of training and supervision, as well as control and assessment of the actions conducted are essential. Following the aforementioned assessment mission, the director of the judicial youth protection service (DPJJ) recommended consolidation of the governance of CEFs 100, in particular by means of reinforcing the management of the system and putting follow-up measures in place at the national level; updating of the required conditions was also planned. In spite of several studies concerning EPMs 101, no overall assessment of their action appears to have been undertaken to date. It would be desirable for the educational dimension of these institutions to be more clearly asserted and for appropriate means to be put in place, bearing witness to the ability of society to provide assistance to its young people, by means other than temporary exclusion, even when they go astray. 3. Autonomy of Persons Deprived of Liberty: the Special Case of Patients Committed to Psychiatric Institutions within the Framework of Treatment without Consent From Act no. 7443 of 30th June 1838, referred to as the “insane persons Act” (loi des aliénés), until the Act of 27th June 1990 concerning the rights and protection of persons hospitalised due to mental disorders, the asylum tradition was the most extreme version of the heteronomy of patients, one of the traditions allowing the least possible initiative to the latter and acknowledging the medical worker’s capacity to act on their behalf and for their own good. “In upholding asylum law, psychiatrists simultaneously reign as doctors and judges, autocrats with absolute power over the life of their patients, and for their own good.” 102 The first notable transformation, by means of a simple circular of 15th March 1960, was the creation and organisation of psychiatric sectors, one of the principles of which is refusal of the seclusion of patients, involving a will to ensure their rehabilitation, maintenance and return to their family and social environment. Act no. 85-702 of 25th July 1985 reinforced the original texts by giving legal status to psychiatric sectors and defining both the intra and extra-hospital dimensions thereof. However, it was not until Act no. 90-527 of 27th June 1990 concerning the rights and protection of persons hospitalised due to mental disorders and their conditions of hospitalisation, that the notions of prevention, treatment and reintegration were asserted: “the fight against mental illnesses comprises actions of prevention, diagnosis, treatment, re-adaptation and reintegration”. 100 Note issued by the DPJJ on 21st February 2014. In particular a joint ISP and ISPJJ assessment report concerning violence against staff in EPMs, published in 2011. 102 Castel (R.), La gestion des risques. De l’antipsychiatrie à l’après-psychanalyse, Paris, Editions de minuit, 1981 101 120

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