Question 10247 — places of deprivation of liberty

Summary

Ms. Anne-Cécile Violland draws the attention of the Minister of Labor, Health, Solidarity, Families, Autonomy and Disabled People to the need to guarantee effective judicial control of isolation and restraint measures in psychiatry. The use of isolation and restraint constitutes a serious deprivation of liberty and attacks the dignity of people hospitalized without consent. The Council constitutional, in its decisions of 2020 and 2021, recalled that these measures can only be implemented exceptionally, in a proportionate manner and for a strictly necessary duration, and that they must be subject to control by the judge of freedoms and detention (JLD) when their extension exceeds certain thresholds. However, numerous reports, both from the General Controller of places of deprivation of liberty (CGLPL) and from the National Consultative Commission on Human Rights (CNCDH), underline that in practice, the judicial guarantees provided remain insufficient: territorial disparities in the referral to judges, delays sometimes incompatible with the effective protection of rights and low rate of real control over the proportionate and necessary nature of these measures. In a context where France is committed to respecting the Convention European Court of Human Rights and where the European Court has reiterated the requirement for rapid and effective judicial review, it is essential to strengthen the current mechanisms. She therefore asks him what measures he intends to take to guarantee, throughout the territory, effective, rapid and contradictory judicial control of isolation and restraint measures, in order to ensure respect for the fundamental rights of individuals. hospitalized in psychiatry.

Machine translation from French. The official text remains authoritative.

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