Lainé, Anouk

Between respect for rights and clinical concern: The difficulty of listening to hospitalized litigants during court hearings - 2024.


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In France, patients admitted to a psychiatric hospital without their consent must be heard by a liberty and custody judge within twelve days of their admission. Various studies have focused on this provision to clarify the procedural framework and patients’ experiences. At the crossroads of these different perspectives, we propose in this article to study this control through the prism of the requirements of “procedural justice”. We focus on the question of listening during hearings, considering that this reveals both the procedures that condition it and the therapeutic horizon of these hearings.