Implement an educational measure combining instructions, technical guides and distribution of good practices on the rights of patients committed involuntarily and the organisation of their day-to-day routine. 1.2 Even when grounded in clear rules, the actual conditions in which patients are deprived of their rights remain vague The legislative provisions on the status of people receiving psychiatric care are clear: first and foremost they lay down the principle of respect for patients' freedom and stipulate exceptions associated with their condition. Article L 3211-1 of the Public Health Code provides as follows: "A person may not, involuntarily or, where applicable, without the consent of his or her legal representative, receive psychiatric care, except in the cases stipulated in Chapters II to IV of this Title and those stipulated in Article 706-135 of the Code of criminal procedure". This statement of principle is followed by that of the free choice of physician and rounded off by Article L 3211-2 of the same code, which sets forth: "A person subject to psychiatric care for mental disorders who consents to said treatment is considered to be in voluntary psychiatric care. S/he shall have the same rights regarding the exercise of individual liberties as those recognised to patients treated for another reason." The law finally indicates that "this care model is favoured when the person's condition allows it." The exceptions to this principle of respect for the patient's freedom and consent are stipulated in the following provisions of the Public Health Code: - Articles L 3212–1 et seq. bear on committal for psychiatric treatment at the request of a third party or in cases of imminent danger; - Articles L 3213–1 et seq. bear on committal for psychiatric treatment at the request of a representative of the State; - Articles L 3214–1 et seq. bear on committal for psychiatric treatment of detained persons suffering from mental disorders. These texts define the cases where each of these procedures can be used, provide the list of necessary administrative and medical guarantees and, in each scenario, clarify the provision plans for the patients concerned. These three procedures are also subject to scrutiny by a liberty and custody judge whose intervention conditions are defined in Articles L 3211-12 et seq. of the Public Health Code. And yet, the CGLPL comes across a number of situations during its inspections on the ground where things are not so clear-cut. 1.2.1 Although the law states that precedence should be given to voluntary hospital care where a person's condition permits, the proportion of care administered without the patient's consent is rising A study published in February 20172 has shown that, from 2012 to 2015, the number of hospital admissions without consent rose from 21 to 24% of the total number of hospital psychiatric admissions. This rise concerns hospital admissions at the request of a representative of the State, those at the request of a third party and those pronounced in the event of imminent danger. It is above all the latter category that has seen a sharp increase, since this form of admission, which Les soins sans consentement en psychiatrie : bilan après quatre années de mise en œuvre de la loi du 5 juillet 2011, Magali Coldefy (IRDES), Sarah Fernandes (ORU-Paca, Université Aix-Marseille), with assistance from David Lapalus (ARS Paca) - Questions d’économie de la santé no. 222 - February 2017. 2 14

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