Question 13734 — fundamental rights

Summary

Mrs. Ersilia Soudais draws the attention of the Minister of Health, Families, Autonomy and People with Disabilities to the alarming situation and the particularly serious abuses observed in terms of isolation and restraint of minors hospitalized in psychiatry. For several months, reports and high-profile scandals have revealed the extent of a system of deprivation of liberty affecting the most vulnerable. The opinion urgent from the General Controller of places of deprivation of liberty (CGLPL), published in the Official Journal on December 4, 2025, draws up a damning observation: minors, officially hospitalized in “free care”, undergo confinement and restraint measures without any legal basis or effective remedy. Recent revelations and findings from the Fondation Vallée in Gentilly and the psychiatry department of the Pitié-Salpêtrière hospital illustrate a systemic practice. Children were placed there in “secure rest areas” or tied up, outside the strict framework provided for by the public health code, thus escaping the systematic control of the judge of freedoms and detention (JLD). These practices constitute a flagrant violation of the principle of dignity and the physical and psychological integrity of the child, of the International Convention on the Rights of the Child and recommendations from the High Authority for Health. Data collected by rights defense associations, from the analysis of establishment registers, confirm that minors aged 12 to 17 are sometimes isolated for several days or even several weeks, including in adult units. This lack of transparency and traceability in hospital registers prevents us from understanding reality today. of the suffering of these 50,000 minors hospitalized each year. This unworthy management of infant and juvenile psychiatry, which treats confinement as a default modality of care, testifies to institutional mistreatment that the State can no longer ignore. It is unacceptable that, in a state governed by the rule of law, minors benefit from fewer legal guarantees than adult patients in the face of measures detrimental to their integrity. physical and psychological. She therefore wishes to know what emergency measures the Government intends to implement to put an end to these illegal practices. She asks him if a legislative revision is envisaged to strictly prohibit isolation and restraint in “free care”, strengthen judicial control for all minors and guarantee rigorous traceability (mention of age and mode of hospitalization) in cases. registers. Finally, she would like to know the sanctions provided for against establishments that do not respect the fundamental rights of the children in their care.

Machine translation from French. The official text remains authoritative.

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