Le contrôle judiciaire des hospitalisations sans consentement et épidémie de Covid : la fin d’une procédure en trompe l’oeil ?

Since 2011, the judge of freedoms and detention (JLD) is competent to control care measures without consent. This control, although essential in order to avoid abusive deprivation of liberty, is incomplete. Faced with the health crisis, the shortcomings of this control are more noticeable in a context of violation of the rights of people hospitalized without detriment.     

« Docteur,pourrais-je avoir une copie du certificat ? » Étude pluricentrique concernant l’application des décrets du 31 mars 2021 et du 23 novembre 2021

On 31 March 2021, a decree was published in the Official Journal concerning the procedures for the delivery of medical certificates to victims of violence. These victims can now obtain a copy of the certificate drafted by the doctor required by the judicial authorities, particularly as regards medical examiners.PurposeThe aim of our study was to assess the impact of the March 31, 2021 decree on victims’ requests to the medical examiner for a copy of the medical certificate.MethodsThis prospective study was conducted among three forensic services receiving victims in consultation, using a paper questionnaire linked to Medlé data, over a three-month period.ResultsOf the 1,492 consultations conducted during the study period, a copy of the certificate was only given to the victim in 13.1 % of the consultations. It was requested spontaneously by the victim in 15.2 % of cases, most often to exercise his right (46.4 %). These were primarily consultations following an accident, psychological abuse, and assault. This copy was requested spontaneously by less than 3 % of victims of domestic violence. There was some disparity between the three centres regarding the minor victim.ConclusionThis study is a small sample over a short period. The information of the victims, especially of domestic violence, on access to the copy of the medical-legal certificate seems still insufficient, and the principle of surrender, when it can help the victim in his efforts, can also be a source of confusion.     

Étude de l’avis du défenseur des Droits sur l’interprétation de l’article L.2141-11 du Code de la santé publique

To acknowledge the article L2141-11 CSP to be interpreted as allowing transsexual persons, who engaged themselves in a male-to-female transition path, to benefit from gametes’ self-conservation, the French Ombudsman requests that any future usages should not be taken into account in any submission analysis. This theoretical position implies two main criticisms. On one hand, it does not comply with the literal meaning and the intended objective of article L2141-11 CSP which, at contrary, imposes to check both of the origin of predictable infertility and the aim of gametes’ self-conservation. On the other hand, it refrains from considering what lies under the request by minimizing its societal background meaning the gender recognition instead of sexed reality.     

La loi no 2016-87 du 2 février 2016 créant de nouveaux droits en faveur des malades et des personnes en fin de vie : un nouvel équilibre décisionnel ?

Adopted after a tumultuous legislative process, the Act of 2 February 2016 complete the “Leonetti” law of April 22, 2005. Without going to legalize active help to die, this law does include some notable developments. It increases patient autonomy, including the consecration of mandatory advance directives and extends the right to refuse care. It specifies the role of the support person in the decision process and extends the scope of the collegiate procedure. Finally, it recognizes a right to care for the suffering and diversified palliative care modalities, particularly through the introduction of continuous deep sedation until death. Some aspects of the law relating to the mandatory advance directives or the process of sedation are however asked to be specified by regulation.     

Évaluation du manque du mot chez l’enfant : données développementales récoltées auprès d’enfants francophones de sept à 12 ans

Word-finding difficulty, although present in several developmental pathologies, is still a linguistic disorder underdiagnosed in the child. The examination of these lexical access difficulties is often hampered by lack of tools for evaluation. This study presents, on the one hand, a battery of computerized tests to evaluate lexical access difficulties in children, and on the other hand, a corpus of normalized data on children from 7 to 12 years to help underline a possible word-finding difficulty in children.     

De l’interdiction de la recherche sur l’embryon et les cellules souches au régime d’autorisation sous condition : brèves remarques sur la protection de la vie humaine dans la loi no 2013-715 du 6 août 2013

The publication in the Official Journal of Law No. 2013-715 of August 6th 2013 which authorizes under conditions embryos and embryonic stem cells research is a milestone in the legal and ethical field in France. Indeed, the new Article L. 2151-5 of the Public Health Code replaces the prohibition regime of embryos and embryonic stem cells research by an authorization regime, which raises the question of the value and the protection of embryonic life in French law.     

Le développement contemporain des régimes juridiques des conflits d’intérêts : l’exemple du secteur de la santé

The conceptualization of conflicts of interests and deployment of their regulatory systems are primarily modes of economic and managerial health control. When did the legal regime of conflicts of interests, which formalizes the process, clash with the conditions of professional practice? Not all assumptions of friction or opposition of interests necessarily constitute a conflict of interests. All public sector professionals have interests but not all their interests generate conflicts. The aim of public declaration of interests is to reveal the relations of interest in order to allay suspicion. Most frequently in the form of soft law system, the declaration of interests is a way of warning about the existence of a “grey zone” or time of deontological risk. It was changed by the law of 29 December 2011     

Le LECPC version 1.1 : un logiciel d’étude de la compréhension du langage non littéral chez l’enfant

The purpose of this article is to present a new computerized system for studying nonliteral language comprehension in children: LECPC version 1.1, devoted more specifically to the understanding of indirect requests and idiomatic expressions. Nonliteral language exists when there is a difference between what a speaker says and the meaning he/she intends to transmit to the listener (e.g., saying “It's cold” to mean “Close the door”). In nonliteral language, the interaction context is crucial to understanding. LECPC version 1.1 is a methodological tool that can be used to incorporate the interaction situation into the study of language comprehension, in accordance with the requirements of experimental research. It is based on a story-completion paradigm, and looks and functions like a computer game. The system is well-suited to very young children, and is also applicable to a wide range of ages.     

« La malléabilité du cadre thérapeutique comme support d’élaboration sur les terrains de l’aide internationale »

IntroductionIn the field of international aid, the projects set up, including psychological care systems, must respond to international and local requirements regarding their financing and sustainability. In these contexts, clinical questions intersect with those of the systems and culture. The traumatic dimension remains prevalent, and these contexts often must deal with multiple local and international requirements. These dimensions can influence the devices set up and their evolution.ObjectivesThrough feedback from an action-research conducted in Cambodia, we question the evolutions and adaptations of a therapeutic device with abused children.MethodFor one year, a device based on mediation was proposed for 10 children hosted within a local child protection NGO. We describe here its implementation and its evolution in the field.ResultsThe setting up of the system was a vector of different meetings. The adjustments were made in relation to the institutional context, the meetings with the local actors and the specificities of the clinic.ConclusionThe evolutions of the therapeutic device seem to signify the processes at play, both on the institutional and intersubjective scene. Regarding these field returns, the malleability of the therapeutic devices in these contexts seems to support the expression and the processual evolution, allowing a work of psychic elaboration.     

Soumission sans pression,médiatisation d’un tsunami et don d’argent : efficacité comparée de la porte-au-nez et du « vous êtes libre de… »

This study compares the effectiveness of two compliances without pressure techniques (door-in-the-face and “you-are-free-of…”) in favour of a charitable donation. This evaluation relates to an event, which was very present in medias (tsunami of December 26, 2004). The results indicate an effectiveness of the two techniques compared to a control condition. However, the “you-are-free-of…” technique proved less effective in time than the door-in-the-face. An interpretation on the basis of various mechanism implied by the two techniques is proposed.     

La méthode d’intervention en psychodynamique du travail face au « tournant gestionnaire » : l’exemple d’une intervention dans une unité mixte de recherche

This text aims to show the continuing interest in using the “canonical” method of investigation in work psychodynamics in the context of what is commonly called the managerial turning point. In order to demonstrate this methodology, the authors will rely on a survey conducted in a U.M.R of science called “hard science” following a recommendation of the Agency for evaluation of research and higher education. We will raise the impact of this intervention, allowing participants to think about their work relationship and the necessary modalities in order to do it continuously well, within the managerial logic context.