Country

France

Detention issue

Healthcare

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Code of criminal procedure (Code de procédure pénale)Medical units in detention facilities carry out a medical examination at the request of the detainee, prison staff or a third party acting in the interest of the detainee, a systematic examination of detainees who are entering prison, a visit of detainees placed in a disciplinary cell or confinement, an examination of a detainee who requests a certificate not to work for medical reasons, a medical examination of a detainee who requests a change to the mode of detention, meaning a move to another part of the prison or change to detention due to a medical problem.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2016The NPM recommended to reduce the numerous transfers to external medical facilities, the intervention of specialist doctors in detention must be increased, and consideration must be given for detainees who meet the legal conditions to receive permission to leave to go to external health establishments alone. Remotely provided medical care should be developed. Respect of medical confidentiality is a right for the patient and an absolute duty for the doctor. It is recommended that medical consultations proceed without the presence of an escort and that surveillance is only indirect (out of sight and earshot of the detainee). More specifically, in connection with access to care for female detainees, the NPM has made the following recommendations: (1) Female detainees must be able to benefit from access to gynaecological care, under the conditions provided for in the Penitentiary law of 24 November 2009: 'the quality and the continuity of care are guaranteed to detainees under conditions equivalent to those for the whole population.' (2) Strict compliance with the Penitentiary law, which states that all childbirths or gynaecological examinations shall be conducted without hindrance and without the presence of prison staff, in order to guarantee the right to respect of dignity of female detainees. (3) In detention, self-esteem must be valued, women must be able to take care of their physical appearance. In the absence of a wide choice in canteens, the introduction of hygiene and make-up products via visiting areas should be authorised. Report details
2017The NPM recommended to make use of telephone and digital means of communication in detention to enable direct and systematic contact between the detainee and the 15 telephone centre when the medical staff working at the institution are absent and the detainee requests an emergency consultation and to provide care for elderly or dependent people under conditions similar to those which they have outside detention. Report details
2020The NPM recommends the improvement of mechanism aiming at detecting mental illnesses among prisoners, that prison officers should be systematically provided with basic training in the detection and management of mental disorders. Furthermore, particular attention must be paid to the specific needs of people with disabilities or dependencies. A medical examination should be systematically offered at the beginning of the measure. It should be possible at any time, on request or in an emergency, within the place of deprivation of liberty, in a medical or hospital setting. If they are undergoing treatment or receiving special health care, persons deprived of their liberty must be able to continue it. Report details