摘要

In a democracy no law is harder to write than an act. Since the creation of asylums, now known as psychiatric hospitals, our country has known three laws defining enforced hospitalization of the mentally ill. The 30th of June 1838 act, handled by Esquirol and Falret, will remain a model of parliamentary debate. It will be effective for more than a century and a half, until the Evin act on the 27th of June 1990. This latest act should have been reevaluated 5 years after its enactment. Since this date, several projects have not managed to be completed. It is only under emergency conditions and under pressure of the constitutional council that the 5th of July 2011 act was voted %26quot;relative to the rights and protection of people concerned by the psychiatric cares and the arrangements for their care%26quot;. This act imposed itself clue to European case law. Its conception however happened during a time of various factions clashing: The %26quot;securitarians%26quot; and those fighting for psychiatric patient%26apos;s rights. This battle left professional bitter and frustrated. The 1st of July 2012 law was applied unevenly on the territory. It was applied as best as possible thanks to the field work of the professionals and enabled to maintain a certain standard of care to mentally ill patients who were unable to consent to any form of help due to their pathologies. After reminding the cardinal principles of this act we will focus on its main actors and above all, we shall focus on the person who is ill.

  • 出版日期2012-12