The constitutionality of involuntary hospitalization

In terms of health including mental, the patient without consent is an issue that raises many legal issues, moral and social. Indeed, the question challenges the company but also the health actors (mutual health, social security, hospital, etc.)… However, the Constitutional Council had before September 24, 2010 by the State Council, in accordance with Article 61-1 of the Constitution, a priority issue of constitutionality raised by Miss Danielle S. Thus, this issue was related to compliance with the rights and freedoms guaranteed by the Constitution of eight articles of the code of public health relating to the hospital without consent in general and the hospital at the request of one third in particular ( HDT). Therefore, these eight articles are from the law of 27 June 1990, called “Loin Even” which replaced the Law of 30 June 1838 on the insane. Consequently, it appears that by its Decision No. 2010-71 of November 26, 2010 QPC, the Constitutional Council declared unconstitutional Article L. 337 of the Code of Public Health, now included in Article L. 3212-7. However, it has set August 1, 2011 the effective date of this declaration of unconstitutionality in order to allow the legislature to remedy the situation. However, he said the other articles submitted to it comply with the Constitution while matching its decision to reserve Interpretation of Article L. 351 of the Code, now incorporated in Article L. 3222-1

Accordingly, this decision raises the issue of openly instead of involuntary hospitalization in France as it also hinders indispensable. Therefore, it would be a good practice to begin a national consultation involving all stakeholders in the medical patients but also to find a satisfactory compromise. Also with regard to involuntary hospitalization, the mutual health occurs in a very traditional as well as Social Security.