Strategies for getting around the rules are therefore both a way of dealing with deprivation of autonomy and the most remarkable expression of the inalienable character thereof, even in an environment of dependency. Like the “yo-yos”, which the prisons administration has tried in vain to bring to an end, by means of a marked increase in the use of gratings and disciplinary sanctions, despite the fact that they only make up for the human impossibility of communicating between neighbours, it appears difficult to overcome these subversive expressions of autonomy. It is illusory to think that it is possible to completely deprive people of their autonomy; on the contrary, to attempt to do so leads to the proliferation of clandestine practices, which undermine the security of the institution. For this reason, the CGLPL considers that, far from endangering the security of institutions, a relaxation of the rules in favour of a consolidation of the autonomy allowed to prisoners would, on the contrary, pacify prisons, while promoting personal fulfilment and respect for imprisoned persons’ fundamental rights. Unlike free persons, prisoners cannot have the benefit of the effective right to a sex life, whether in cells or in visiting rooms. Indeed, sexual relations are prohibited on the grounds of the possibility of offending visitors’ sense of propriety or that of prison staff in charge of supervising visiting rooms or making checks through the cell peephole. This insidious rule constitutes an obstacle to the autonomy of persons to conduct the private, family and emotional life of their choice, including within the supposedly private area of the cell. At the present time, there are still too few family life units (UVF) 65 in prisons, and in remand prisons in particular. On 1st June 2013, only twenty-two prisons had the benefit of a UVF 66. Moreover, in new prisons where the number of persons accommodated very often exceeds the theoretical number of places, the number of UVFs is inadequate in view of the requests from prisoners who cannot, therefore, have the benefit of “at least one visit every three months” in a UVF or family visiting room 67, as provided for under article 36 of the Prisons Act of 24th October 2009. The CGLPL considers that the construction of UVFs in existing institutions and new prisons should be a priority. Moreover, it recommends free access to condoms within health units as well as UVFs and family visiting rooms, as is already the case in certain institutions, in order to deal with the risks of sexually transmitted diseases and unwanted pregnancies. The specific case of transsexual persons, whose change of civil status has not yet been recognised, needs to be raised once again. The latter are imprisoned in sectors intended to cater for persons of their sex of origin, which hardly corresponds to their current physical appearance, and in general have the right to clothe and attire themselves, within their cells, according to the gender norms of their reassigned sex. Nevertheless, certain persons encounter difficulties in this area. In particular, the situation was referred to the CGLPL of one transsexual person imprisoned within a men’s wing. The latter was unable to purchase bodily hygiene products and clothes for women on the grounds that they had given up the plan of completing a sex change protocol and 65 “Premises specially designed in order to enable prisoners to receive visits, without continuous direct surveillance, from adult members of their family and close relations accompanied, if necessary, by one or several children, for periods of between six and seventy-two hours” in accordance with article R. 57-8-14 of the Code of Criminal Procedure. 66 The seventy-four existing UVFs are distributed as follows: sixteen in prisons with sections incorporating different kinds of prison regime, three in long-stay prisons and three in long-term detention centres. 67 At 1st June 2013 nine prisons had family visiting rooms, distributed as follows: three in prisons with sections incorporating different kinds of prison regime, one in a long-term detention centre and five in long-stay prisons. Among the latter, two also have a UVF. 93

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