When a person suffering from a mental disorder is the subject of psychiatric care pursuant to the provisions of Chapters II and III of this Title or is transported for the purpose of such care, the restrictions on the exercise of his personal freedoms must be appropriate, necessary and proportionate to his mental state and to the implementation of the treatment required. In all circumstances, the person’s dignity must be respected and his or her rehabilitation sought.
Before any decision is taken to maintain care pursuant to articles L. 3212-4, L. 3212-7 and L. 3213-4 or to define the form of care pursuant to articles L. 3211-12-5, L. 3212-4, L. 3213-1 and L. 3213-3, the person undergoing psychiatric care must, insofar as his or her condition permits, be informed of this draft decision and given the opportunity to comment, by any means and in a manner appropriate to his or her condition.
In addition, any person undergoing psychiatric care pursuant to Chapters II and III of this Title or Article 706-135 of the Code of Criminal Procedure shall be informed :
a) As soon as possible and in a manner appropriate to their condition, of the admission decision and of each of the decisions mentioned in the second paragraph of this article, as well as the reasons for them ;
b) As soon as he is admitted or as soon as his condition allows and, subsequently, at his request and after each of the decisions mentioned in the same second paragraph, of his legal situation, his rights, the remedies available to him and the guarantees offered to him in application of Article L. 3211-12-1 .
This person’s opinion on the care arrangements must be sought and taken into consideration as far as possible.
In any event, this person has the right :
1° To communicate with the authorities mentioned in article L. 3222-4 ;
2° To refer the matter to the committee provided for in Article L. 3222-5 and, when the patient is hospitalised, to the committee provided for in Article L. 1112-3;
3° Bring to the attention of the Contrôleur général des lieux de privation de liberté any facts or situations likely to fall within its remit;
4° Seek the advice of a doctor or lawyer of their choice;
5° Send or receive letters;
6° Consult the establishment’s internal regulations and receive explanations relating thereto;
7° Exercise their right to vote;
8° To engage in the religious or philosophical activities of their choice.
These rights, with the exception of those mentioned in 5°, 7° and 8°, may be exercised at their request by relatives or persons likely to act in the patient’s interest.