were not therefore officially recognised as being transsexual by the medical profession or
therefore by the prison team. Moreover, a case was referred to the CGLPL of the difficulties
encountered by a – non-transsexual – man in purchasing a magazine considered to be for
women. This situation shows that the problem goes beyond the case of transsexual persons
alone. These two cases provide illustrations of violations of prisoners’ right to privacy and a
private life.
The CGLPL recommends that, in the private area represented by their cells, prisoners
should have the right to buy and have clothing accessories, hygiene and care products and
items of their choice, whatever the gender for which the latter are usually intended, without
any limits other than those imposed by security.
Finally, although persons are, in principle free to dress as they wish within the cell that
they occupy, they are, on the other hand, obliged to submit to local internal rules and regulations
when moving around in common areas and visiting rooms. Yet these provisions are stricter than
those current outside of prisons, for reasons which it is sometimes difficult to grasp. For
example, the internal rules and regulations of the women’s remand wing of a prison in the South
of France states that “prisoners shall be dressed in decent and appropriate clothing from the top
of the body down to the knees”. Yet the CGLPL notes differences in the interpretation of these
criteria: for example, when women wear sleeveless shirts, skirts that end above the knee or short
dresses over leggings or stockings etc. they are sometimes asked to change their clothes.
The CGLPL considers that tolerance should be increased with regard to clothing and
brought into line with the criteria prevailing outside, on the condition that the clothing
concerned complies with the security imperatives specific to the prisons administration (it
should not resemble uniforms, prohibition of the colour navy blue etc.).
1.2.3 The Right to a Social Life
The objective of the reintegration of persons deprived of liberty
presupposes an environment that protects their autonomy or enables them
to recover it and to take material responsibility for themselves. During
periods in which they are temporarily deprived of their liberty, persons
should not lose the habit of carrying out the day-to-day actions that they will
have complete when they are free: getting up on time, cooking, washing,
hanging out and ironing their linen, doing their shopping etc.
This requirement was recalled in the last Annual Report of the CGLPL with regard to the
architectural design of the premises 68: “In all places of deprivation of liberty where persons stay
on a long-term basis, return to autonomy or maintenance thereof therefore makes it necessary to
make premises available, such as a kitchen, laundry room and shop”.
Places for social life could be arranged. These might be social rooms, for playing, sharing
meals or watching television, which are to be found – though sometimes in very poor condition –
in the accommodation sectors of long-term detention centres, except when they have been
reconverted into additional cells.
Certain institutions have put the organisation of self-managed activities in place, which do
not depend upon the presence and availability of staff or external actors, whether they be sports
(free access to facilities, making specific equipment available) or leisure (music, Aikido, etc.)
activities.
68
Cf. Annual Report 2013 “Architecture and Places of Deprivation of Liberty”, pages 143 et seq.
94
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