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Master Thesis

L'évolution juridique des soins psychiatriques sans consentement en France de l'Ancien régime à la loi du 05 juillet 2011

Abstract : The legal procedures for the involuntary treatment of mentally ill patients have been recently changed in France by a new law (5th July, 2011) relating to the rights and protection of psychiatric patients. In this work we studied the changes introduced in this new law compared to the previous laws (1838, 1990) devoted to the commitment of patients with mental disorders. The diverse legal means by which the insane were detained up to the law of 1838 are shortly described. We then outlined the ways thanks to this law the patients could be treated without their consent and the public order protected from their unruly behaviour for 150 years. We also tried to show that in view of the transformations of psychiatric care and broadly speaking the evolution of society and mentalities new laws about compulsory treatment were necessary. It seems to us that the two main modifications brought by the law of July 2011 are : 1°) compulsory psychiatric care may be given on an out patient basis and not solely in hospitals. 2°) a stricter control by the judge appointed to oversee the protection of rights and individual liberties. At the end of our study the tension between the contradictory goals of treating patients without consent and the protection of individual freedom appeared more clearly and explained why complex legal procedures were required to balance the respective roles of patients families - psychiatrists - State administration representatives - and judges.
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Master Thesis
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https://dumas.ccsd.cnrs.fr/dumas-00696479
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Submitted on : Friday, May 11, 2012 - 6:00:28 PM
Last modification on : Tuesday, May 11, 2021 - 11:36:17 AM
Long-term archiving on: : Sunday, August 12, 2012 - 2:40:41 AM

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  • HAL Id : dumas-00696479, version 1

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Georges Alex Germain. L'évolution juridique des soins psychiatriques sans consentement en France de l'Ancien régime à la loi du 05 juillet 2011. Médecine humaine et pathologie. 2011. ⟨dumas-00696479⟩

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