Country

France

Detention issue

FRA research findings

View details

Legal instruments & key provisions

Legal instrument Key provision
French Prison Code Detainees are ensured the same quality and continuity of healthcare as the general population. Particular attention is paid to the psychological state of detainees. Upon arrival in detention, each detainee is given a medical check-up as soon as possible.
French Prison CodeAt the start of their detention, all detainees are offered a health check-up regarding their consumption of narcotics, psychotropic drugs, alcohol and tobacco. This check-up, carried out as a preventive measure in the interest of public health and the patient, is confidential.
French Prison CodeSpecific healthcare must be provided for pregnant detainees, who must receive appropriate monitoring and be able to give birth in an appropriate hospital. People with disabilities can also benefit from the help of a professional to carry out certain physical acts, or from the assistance of a carer. Detainees suffering from psychological disorders are specially monitored by the prison administration's medical services. In this respect, they can benefit from hospitalisation in a specialised unit of a healthcare facility.

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 t 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
2022Respect for medical confidentiality is a patient's right. Doctors should be reminded of their legal and ethical obligations in this respect. Medical consultations should take place without the presence of an escort, and surveillance should be indirect (out of sight and hearing of the detained patient). In any event, it is the responsibility of escort officers to exercise the utmost discretion with regards to any medical information to which they may have access in the course of their duties. Report details
2022Detainees must be able to communicate with health services under satisfactory conditions of confidentiality. Their transport to a place of healthcare outside the prison must be organised in such a way as to individualise the conditions of surveillance and to protect the person from view in such a way as to protect their privacy and not to undermine their dignity. Report details
2023Detainees must be able to access, receive and store data contained in their medical records under conditions that respect their privacy. It is the responsibility of the authorities in charge of places of detention or the medical services operating there to ensure the effectiveness and confidentiality of this access. Report details
2022Detainees must be able to communicate with health services under satisfactory conditions of confidentiality. Their transport to a place of healthcare outside the prison must be organised in such a way as to individualise the conditions of surveillance and to protect the person from view in such a way as to protect their privacy and not to undermine their dignity. Report details