• 作者：Jean-Louis Senon^a ; ^{jean.louis.senon@wanadoo.fr} ; Carol Jonas^b ; M&eacute ; lanie Voyer^c
• 关键词：Juge des libert&eacute ; s ; Loi du 5 juillet 2011 ; Soins ambulatoires sous contrainte ; Soins sans consentement
• 刊名：Annales medico-psychologiques
• 出版年：2012
• 期刊代码：78_00034487
• 类别：psy
• 出版时间：April, 2012
• 卷：170
• 期：3
• 页码：211-215
• 文件大小：205 K

In French law, all interventions on the human body, therefore, any hospitalisation, implies implementing care that can only be given with the entire consent of a patient. Derogations exist in psychiatry since the act of the 30th of June 1838 backed by Esquirol. We had to wait more than a century and a half later to have a new reform with the act of the 27th of June 1990. This act was to be re evaluated in 1995 but the difficulty of drafting such a complex act (protecting a civil person's rights even if ill, and the necessity of care giving to patients even when these patients may have lost their capacity to consent) caused the late submission of the bill. It had to be voted with urgency due to the pressure of the constitutional council declaring non-constitutional the 27 of June 1990 act concerning the HDT procedures. The council gave the government until the 1st of August 2011 to modify the law. The act of the 5th of July imposes the intervention of the judge of freedoms who pronounces a sentence on the treatments without consent after the 15th day and the 6th month, with the possibility given to the patient to a referral at any given time, during that hospitalisation without consent. Now from 鈥渉ospitalisation without consent鈥?there is a change to 鈥渃are without consent鈥?either upon the decision of the director of the specialized establishment or upon the decision of the representative of the state. The 5th of July 2011 act also created ambulatory health care under constraints and supervises the patient's outings. This concerns patients that have benefited from a penal irresponsibility or who have stayed in a UMD for more than a year during these last 10 years.