L'Information Psychiatrique


Is the act of July 5th, 2011 applicable? Volume 87, issue 10, Décembre 2011

Avocat à la Cour, barreau de Paris

When I started my practice, the lawyer did not enter a psychiatric hospital as he was considered an intruder, the law had no place in the hospital where it was simply inconceivable to think of forced hospitalization as being a deprivation of liberty. It was only a measure of care for the benefit of the patient that only the psychiatrist was capable of deciding, assessing or treating. At the same time, the mentally ill patient deprived of liberty was an intruder in the judicial system. The intervention of the Court Judge to control the legality of the deprivation of liberty of a person without their consent is a major step forward for the weakest among us to enjoy the same rights as any litigant in the same situation. However, this right in order to be effective and efficient must be accompanied by guarantees that are not currently rooted in the minds and that, in fact, it concerns the right to have access to information regarding their civil liberties, access to a lawyer or effective control by the Judge. Each individual must work to ensure that this action is just a simple formal step; free hospitalization must remain the rule and always the privilege of the patient.