Since then, the place allotted to the person has grown continuously and the most important official texts have been published concerning the rights of persons suffering from illness. Act no. 2002-303 of 4th March 2002 concerning patients’ rights and the quality of the health system is aimed at the establishment of a truly democratic approach to health. It transformed the rights of persons suffering from illness into patients’ rights and is for the most part concerned with the assertion of the right to be informed, making provision for patients to be able to enlist the help of a trusted person appointed as legal representative. It bears witness to a major sociological change in doctorpatient relations. This Act is non-specialised in nature, and does not make any provisions specific to psychiatry, apart from the restrictions of liberty made necessary during treatment and the conditions of hospitalisation without consent. It does not deal with the question of autonomy and of making patients aware of their responsibilities in psychiatric institutions with a view to their social readjustment. For its part, Act no. 2011-803 of 5th July 2011 amends the provisions of the Public Health Code concerning the rights of patients in psychiatric hospitalisation and the rules governing hospitalisation without consent resulting from the Act of 27th June 1990. 103 In search of balance between the exercise of the patient’s fundamental freedoms and the constraints involved in psychiatric treatment without consent, it aims to reinforce the rights and guarantees granted to these persons and completely changes the conditions under which they are dealt with, in particular through the establishment of systematic control of committals by the liberty and custody judge (JLD). Furthermore, it asserts patients’ rights in relation to these rules, both in terms of communication with the authorities and with departmental committees for psychiatric treatment (CDSP), as well as with the CGLPL. It also recalls that patients have voting rights, the right to correspondence and the right to engage in religious and philosophical activity. Finally, certain provisions of the Act of 5th July 2011 were improved by Act no. 2013-869 of 27 September 2013. Article L. 3211-3 of the amended Public Health Code expressly states the objective of the patient’s reintegration and specifies that “any restriction upon the exercise of their individual liberties shall be adapted, necessary and proportioned to their mental state and to the implementation of the required treatment. In all circumstances, the dignity of the person shall be respected and their rehabilitation sought.” th Today psychiatry is thus no longer based upon the asylum model and authoritarian paternalism, but incorporates the demand of autonomy for persons in western societies. 104 Within psychiatric institutions, although autonomy is often radically impaired, the objective of reintegration, fixed by the Act of 27th September 2013, consists of restoring patients’ capacity for initiative and making them actors in their own lives. Within the framework of a study concerning psychiatric hospitalisation, the author emphasises that restoration of autonomy is promoted by the existence of reference points in the progress of the treatment, freedom of movement and provision of information concerning 103 CGLPL Annual Report 2013 - The Rights of the Sick and those Suffering from Mental Health Problems. Dalloz, Paris, p. 215. 104 Summary Report (Rapport d’information) on mental health and the future of psychiatry presented by Mr Denys ROBILIARD, deputy, French National Assembly, 18th December 2013. 121

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