After three censorship of the Constitutional Council on the isolation and contention measures in psychiatric hospital, the government establishes a control by the judge.
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The bill transforming the vaccination passes subjected to Parliament contains a great incongruity. Article 3 (and last) of this text last Monday, December 27 in the Council of Ministers concerns the measures of isolation and contention in psychiatric hospital, without any connection with the management of the health crisis. It comes to disaster disaster from the government’s series on care without consent in hospital psychiatry. Three censures of the Constitutional Council in eighteen months on the same subject are there.
On 19 June 2020, seized of a priority question of constitutionality (CQP), the institution chaired by Laurent Fabius censored the law of 2016 framing isolation measures (confinement in a chamber) and contention (medication immobilization or mechanical) in psychiatric hospitals. These decisions, taken by doctors for patients considered dangerous for the others or for themselves, “constitute a deprivation of liberty” and can not be maintained beyond a certain duration without a control by the judicial judge, Guardian of individual freedom, had affirmed the Constitutional Council.
Three censures
The ministries of health and justice have therefore voted, in the law of 14 December 2020, a new system allowing doctors to renew these measures “exceptionally” beyond the legal limit of forty- Eight hours for an isolation and twenty-four hours for a restraint, provided the doctor informs “without delay the judge of freedoms and detention [JLD], who can seize automatically”. But Patatras, new QPC, new censorship, June 4, 2021. According to the Constitutional Council, this information does not prevent to renew measures indefinitely without having the guarantee of effective control by the judge. As a result, the institution postpones the effect of this censorship, the time for the legislator to establish a new text.
Well-worstly, the Avenue de Ségur and the Vendôme Square ranked themselves at the automatic referral of the judicial judge to which they were relevant, in particular because of fears about the ability of justice already overworked. . The article voted in November to amend the Public Health Code provides that the authorization of a judge is mandatory to extend an isolation measure beyond four days or a restraint measure beyond three days. . What finally respect Article 66 of the Constitution that “no one can be arbitrarily detained”.
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