-
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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