프랑스의 비자의 정신치료와 법원의 역할

초록

The French Public Health Code provides an involuntary Psychiatric Treatments system called the “soins psychiatriques sans consentement”(SPSC) which includes both hospitalization and other kinds of outpatient treatments. SPSC is decided and renewed periodically by the state authority in a district(le prefet) or the director of a medical institution designated by the government for SPSC. Patients and others in position to act for them can file an action before district courts. For treatments by hospitalization, the Code has an enhanced judicial review system. The authorities who decide on an involuntary hospitalization are obliged to file a suit against patient for a judicial review on the decision. The authorities file a renewed suit against hospitalized patients every 6 months. Judges called Liberties and Detention Judges(JLD) take charge of these cases. Courts as a supervisory authority review the admissions and renewals on their forms and procedures, thereby protecting the rights of patients. They also review the measures on their merits which is done mainly by auditioning the patient and examining the contents of medical certificates. Psychiatrists are required to provide detailed reasons for the conclusions in their medical certificates. Courts can play an important role either as a deciding body or a reviewing body for the treatment measures. The French SPSC and JLD system shows us that they must be provided with such tools to examine the legality of those measures if they are to function properly. Patients’ procedural rights should be in accordance with their special circumstances and they should be prescribed by law in detail. Medical certificates should be required to provide reasons for the conclusions in detail so that judges as laymen to psychiatry can examine the necessity of involuntary treatment measures.

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