Evaluation - CRPD - Ecology - Right - Process - Life - Memory - Recommendation - Health - Deinstitutionalization - Cognition
The evaluation of France by the United Nations Committee on the Rights of Persons with Disabilities. August 16, 18, 20 and 23, 2021
(Form of publication to be reviewed)
On this painful occasion of the psychological and physical destruction of Nathalie by the by the psychiatric drug system under internal and external constraints and its aftermath on January 31, 2014, confirmed by the certificate established on February 03, 2014 by the service of forensic medicine, and after long years of institutional abuse and struggle against this multiform abuse, carried out jointly with her companion in actions directed to all services and actors involved, and with the means of the edge and all that allowed to save her from the mass of the dehumanized structures and out of scale of measure, trying to inflect and to deviate of some millimeters their jaws, I put on line this contribution (Submission to the 25th session of the Committee on the Rights of the Persons with Disabilities of the United Nations, from August 16 to September 14, 2021) in memory of the deceased and all the victims of mortifying psychiatric practices, which have become out of control and criminal. And yet, they are deliberately ignored and discredited in spite of the complaints and overpowering testimonies and the avalanche of observations and reports from the United Nations Committee on the Rights of Persons with Disabilities (CRPD-UN) and others. It highlights the effectiveness of the European Disability Forum (EDF) in shaping information and coordinating between individual and collective participants and contributors.
Likewise, this posting on line is part of a context animated by hateful and aggressive speeches and trolls in France conceived to seduce, promise, reverse and deceive, in a paternalistic posture. This is undeniably manifested against the inclusion of students treated as "disabled" and "mentally retarded", passing through an obsessive offensive against everything that does not correspond to an ideological, miserable and excluding vision of society, even of humanity in its differences and similarities. This vision is contaminated by an opinion about everything and knowledge about nothing.
On closer inspection, it is always the case that statements made about disability in its multiple aspects, real or supposed, and more systematically about the different, are merely signifiers of socio-cognitive processes already infected by a virus of a different nature, worse than covid 19 and its variants: ethnicization, essentialization, sanitization, distancing, pathologization, dehumanization and hierarchization of identities and multiple belongings in a reductionist and hygienist paradigm, highly mediatized, which was intended to be the framework of a «new homogenized and closed society», in the image of a lost paradise, maintained in a cultivated stupidity, symptomatic of a crisis of the intelligence+ in its material and moral heaviness, and revealing of the tragedy of a theorized impotence to cross the threshold of the subjectively overdimensioned determinisms.
Disability in its multiple forms is not an object of political and partisan speculations conditioned by electoral seasons, but is an enormous stake that engages society as a whole, even humanity and her actors who act freely and independently of the logic of domination of a corrupted professional paternalism. This one is surreptitiously conceived in all its accessories so that it is at the service of the structures and not of the people subjected to internal and external constraints, making them insensitive to themselves and to their environment, and to the space-time contrasts, especially those who are categorized by the pathological language of psychiatry of : psychotic, schizophrenic, delusional and mystical delusions, mental disorders and all that psychiatric diagnoses lay as nonsense and insults on the complex functioning of cognitive and mental processes, conscious and unconscious, controlled and uncontrolled.
Therefore, when you get there, you are already out of the knowledge. This enterprise so well worked to end up with the circulation of an ideology with a preponderant and frightening name: mental health, which has become a magnetic crossroads that attracts gravediggers hidden under the veil of research-innovation and recovery projects presented as toolbox. A real banter with cognitive processes carried out by highly advantaged and awarded actors, as a service to socially overwhelming and mentally imposed norms maintained as "qualitative evaluation and professional research». The case of the mental health centers and its derivatives as a place of respite in Marseille, stealthily passed under the total control of psychiatric interference with its nuisances amplified by its obscure and interoperable power , is part of a systemic reproduction of the pathologization of behaviors and lives of vulnerable people, trapped in suffocating nets. The actors of these centers feed without fork and without filter from the sources of a component of the noosphere, systematically maintained against human life and its and its cognitions, hot and cold : psychiatry in its pseudo-medicated care held to be a treatment of cognitive and mental functioning or "medically managed" in the language of the ARS (Regional Health Agency), which in fact is only one of the forms of repression formally supported and amplified by a toxic media system, which excels in covering up an already sick and bankrupt health system,maintained by a roadmap that is only a roadmap of failure, by criminalizing "patients" with qualifications of dangerousness and breach of public order, without ever having the courage to recognize the system of internal and external causes that have strongly interacted in the production of the unlivable and the inhuman in an almost total indifference.
The Truth and Justice Collective for Nathalie thanks all the members of the United Nations Committee on the Rights of Persons with Disabilities for having organized these vitual days. Likewise, it thanks all the state and non-state participants in spite of the persistence of the divergences in the vision and the action in the universe of the degrading and dehumanizing institutional psychiatric practices highlighted in non-state reports and by the committee. Unfortunately, they are systematically ignored by others, or even supported in the name of security and appeasement. It underlines at the same time, the efficiency of the Marine Uldry European Disability Forum (EDF) in the formatting of information and the coordination between the participants and the individual and collective contributors, the availability and the pedagogical support of Juan Ignacio Pérez Bello, International Disability Alliance (IDA) and Jorge Araya, secretary of the CRPD by his encouragement and advice.
The Collective presents its condolences to the family of Mrs. Soumia Amrani, her relatives and committee members, president of the Collectif Autism Morocco, elected on October 30, 2020, member of CDPH/CRPD. Died Wednesday, August 18, 2021, as a result of her contamination with the coronavirus. The collective was in contact with her until the last day of her life. The victim did not spare her efforts for the implementation of the Convention and to transform the approach of the disability and its variants in Morocco from the logics of charity and benevolence to the logics of human rights and the convention.
Within the framework of the evaluation process of France by the United Nations Committee on the Rights of Persons with Disabilities, registered in the 25 (virtual session) session (August 16, 2021 - September 14, 2021)*, several state and non-state actors in France responded to the list of points concerning the initial report of France formulated in eight pages by the committee**
The response of the state actor, France, is formulated in 30 pages***.
The state contributors at the committee's hearing of France on August 18, 20 and 23, 2021 are listed here****.
They refer to the initial report and its annex expected in 2012, submitted and received by the committee in 2016*****.
The non-state contributors each submitted their report and update in accordance with the committee's call for input. They each submitted their statement on August 16 in accordance with the time allotted and met******.
The Truth and Justice Collective for Nathalie has submitted its alternative and partial report, updated independently of any influence. This report is written under unbearable conditions and in an unbearable atmosphere amplified by health problems. It is formatted in two versions: English and French*******.
Some technical problems occurred in the bibliographic notation that could contaminate the syntactic and semantic order. They were surpassed in the version put in text in this blog.
For the concluding observations of the Committee on the Rights of Persons with Disabilities on the three-day review of France, see this link********. A central observation widely advocated by the Truth and Justice Collective for Natalie was well noted in these observations: The depathologization of the behaviors of psychiatrically treated individuals.
It was not easy for non-state participants, especially those who are not funded as a matter of principle, to resist and hold their own in the process of drafting their reports and to commit their strength to active participation in these midsummer review days that were conducted in English.
There is one idea that has been strongly debated by non-state non- funded participants. It refers to the fundamental distinction between the functioning and the objectives of managerial and bureaucratic associations in the world of disability and its categories and those pursued by collectives that do not bargain the cause in a personal and professional interest. Hence the urgency of inscribing the principle of DE-INSTITUTIONALIZATION in conformity with the objectives and recommendations of the Convention on the Rights of Persons with Disabilities as a tool and reference for transforming this universe from the state object of care and right to the subject and actor of his self-determination.
If we look more closely, it is always the case that the state actors amplify the evaluation and the objectives to be achieved by the convention, expected by the Committee on the Rights of Persons with Disabilities, in the order of control, homogeneity and balance sheet flooded by statistical data processed in low level stratagems, and in evasive attitudes to the questions asked by the members of the committee during these three days of the examination of France. The communication of assessments by these actors is organized in a language that is specific to that of the company: what is done and what is not done. What is not done will be done in continuity with figures that only amplify the dehumanization of human beings, guilty of carrying within themselves the attributes of mental disability distributed in waves by psychiatry and its aftermath.
However, it is a given that the two logics, that of control and that of evaluation, do not overlap like bricks. They are radically distinct and separate, and in the definitional and epistemological framework they are served on the same plate. Even a blind person will have a faithful perception of the contents of the plate.
The control consists in the setting in conformity with pre-established standards in an endless abstraction and imposed to which the subject, the process or the product is supposed to conform. It is a matter of compliance and homogenization.
Evaluation is a global view. It starts from the objectives and the steps taken in their pursuit and achievement. Evaluation is a complex process in which subjective and objective determinants interact to promote, improve and shape goal-directed approaches. It is qualitative in its heterogeneity.
Evaluation is a view of the mind that feeds on meaning and significance
Control is a manipulation of data in a computational logic devoid of meaning. It is a matter of observation and assessmentJ.
However, the list of questions concerning France to which the committee was hoping for an answer, clearly concerns the objectives pursued in the translation into action of the articles of the Convention that France signed on March 30, ratified on February 18, 2010 and put into force on March 20, 2010. Unfortunately, this reference text remains largely unknown and ignored by most state actors and judicial and medical authorities, and even politicians.
The Committee on the Rights of Persons with Disabilities regrets that France has not yet integrated the human rights-based approach to disability*********.
The collective really thinks that France needs a global accompaniment by the United Nations Committee on the Rights of Persons with Disabilities and non-institutional actors in the realization of the objectives of the Convention. This necessarily passes by the total repeal of the laws and measures concerning "mental health". Health is global and an issue to be entrusted to mercantile logics and speculators of technocratic and techno-scientific obedience that act in the ideology of research-innovation and recovery. The ecological determinants must prevail in all the approaches and the political and scientific steps in a break with the dominant paradigm and the paternalistic and medical model in the universe of the psychiatry and its continuations that excel in the pathologization of the cold and hot cognitions in an enterprise of the hygienist ideology, deeply criticized by the Reporter Jonas Ruskus during the days of the evaluation of France by the committee.
+. Michel Crozier. (1998). La crise de l'intelligence. Seuil.
*. CRPD - Convention on the Rights of Persons with Disabilities
25 (virtual session) Session (16 Aug 2021 - 14 Sep 2021). https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/SessionDetails1.aspx?SessionID=2504&Lang=en
**. Liste de points concernant le rapport initial de la France. (30 octobre 2029). https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fFRA%2fQ%2f1&Lang=en
***. Réponses de la France à la liste de points concernant son rapport initial. https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fFRA%2fRQ%2f1&Lang=fr
****. Convention des droits des personnes handicapées. Audition de la France, les 18, 20 et 23 août 2021
Composition de la délégation française.
*****. Rapport initial soumis par la France en application de l’article 35 de la Convention, attendu en 2012. https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fFRA%2f1&Lang=fr
******. Les contributeurs non étatiques. https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/SessionDetails1.aspx?SessionID=2504&Lang=fr
*******. Submission to the 25th session of the United Nations Committee on the
Rights of Persons with Disabilities, August 16 to September 14, 2021.
********. Concluding observations on the initial report of France. https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fFRA%2fCO%2f1&Lang=en
J. BONNIOL, J-J., "A la recherche de la qualité : fonctionnement par objectifs et
évaluation", Conférence d'Evian de 1985, Journal des Infirmières de
neurochirurgie, n° 51/52, 1986, p1101/1109. Réédité (1997). (Consulté mardi 11 janvier à 20h).
*********. La France n’a pas encore intégré l’approche du handicap fondée sur les droits de l’homme, regrette le Comité des droits des personnes handicapées. (23 août 2021. Consulté le 10 janvier 2022). https://www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=27399&LangID=F
Submission to the 25th session of the United Nations Committee on the Rights of Persons with Disabilities, August 16 to September 14, 2021
EL YAGOUBI M'hamed
On behalf of the Collective Truth and Justice pour Nathalie as part of the process of the evaluation of France by the Committee on the Rights of Persons with Disabilities from August 16 to September 14, 2021
Collective contributing to the clarifications on psychiatric and socio-judicial abuse and not the respect of the rights of people under psychiatric restraint and in the ambulatory system.
Update to the September 23, 2019 Alternative Report on France
For an ecological look at disability and its categories
Articles exposed and partially studied in the update of the parallel report: Analysis, commentary and overview followed by recommendations.
Articles (1 to 4). General obligations
Articles: 5 - 6 - 8 - 12 - 13 - 14 - 15 - 16 - 17 - 22 - 23 - 25 – 27
Contextual introduction of the collective
The processes of the evaluation of France by the Committee on the Rights of Persons with Disabilities of the United Nations are part of a general context characterized by the theorized impotence of the decision-making spheres in the face of the unforeseen, the unexpected and the surprised that have taken the decision-makers, the scientists and all the actors of health by surprise in their political and managerial handicap of the covid-19 pandemic. The measures undertaken in the conception, planning, execution and hazardous organization of confinements, isolation, distancing in concomitance with restrictions of the individual and collective liberties must be thought and recognized that they are norms imposed for life to the persons categorized of mental handicap, mental disorders, cognitive alteration... - and all that psychiatric diagnoses lay on cognitions - , especially those who are under the constraint of the psychiatric system and in the regime of decision in the name of others. There are lessons to be learned from the serious consequences of deactivating the rights and conventions that protect people, especially those who are, willy-nilly, treated and stigmatized as psychosocially disabled and incapable.
"Disability is not necessarily a barrier to success. For most of my adult life, I have suffered from motor neuron disease. Yet it has not prevented me from having a distinguished career in astrophysics and a happy family life”. Stephen W Hawking. World Disability Report 2011."1
United Nations Convention on the Rights of Persons with Disabilities
Objective of the Convention
The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities and to promote respect for their inherent dignity. This objective is amplified in the guidelines on the right to liberty and security of persons with disabilities established by the Committee on the basis of its jurisprudence regarding article14 of the Convention, which it adopted at its fourteenth session 17 August - 04 September 2015, posted online in six language versions2, posted by the collective for information and knowledge3.
The Convention on the Rights of Persons with Disabilities4 is an international convention designed to protect and ensure the dignity, human rights and fundamental freedoms of persons with disabilities of all kinds. It is formatted in several national and continental languages.
The convention was adopted by the United Nations General Assembly on December 13, and entered into force on May 3, 2008.
As of July 23, 2020, 163 countries have signed it out of 182 countries parties5.
France, a State Party to the Convention signed on March 30, 2007, ratified on February 18, 2010 and put into force on March 20, 20106.
The paradigm of the Convention
It is expressed more explicitly in article 3 in the form of general principles
a) Respect for the inherent dignity, individual autonomy, including the freedom to make one's own choices, and independence of persons;
c) Full and effective participation and integration in society;
(d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
e) Equality of opportunity;
g) Equality between men and women;
(h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identity.
The body in charge of monitoring the implementation of the convention
The Committee on the Rights of Persons with Disabilities is a body of independent experts that monitors the implementation of the Convention by States Parties7. It is composed of 18 members, 9 women and 9 men. An exemplary parity8. Each State Party is supposed to set up independent mechanisms to monitor the implementation and application of the Convention.
The independent monitoring mechanism of the Convention in France
The Government has designated the Defender of Rights as the mechanism provided for in article 33.2 of the Convention. The Defender of Rights, in conjunction with the National Consultative Commission on Human Rights (CNCDH), the French Council of Disabled Persons on European and International Issues (CFHE) and the National Consultative Council of Disabled Persons (CNCPH), monitors the implementation of the Convention in the framework of a monitoring committee. The State, represented by the General Secretariat of the Interministerial Committee on Disability (SG-CIH), a mechanism for coordination between ministries, also attends the work9.
The identity of the Truth and Justice Collective for Nathalie
The blog collective www.cvjn.over-blog.com was created in 2015 to publicize the story of the dramatic chain of events of a situation of psychiatric and socio-judicial abuse ending with the pulverization of the victim by imposed psychiatric drug treatments, who died on January 31, 2014 at the age of 43 years after long years of suffering and struggle for her basic rights and dignity and after being dispossessed by the system of protection of adults10. It interacts with social networks and other blogs and sites of professional and informational quality references, English, French and Arabic-speaking, but it keeps its quality as a whistleblower on the degrading psychiatric practices and the unlimited drifts of the logics of guardianship and curatorship out of control.
It was at the forefront in organizing the success of the visit of Ms. Catalina Devandas Aguilar, the Special Rapporteur and expert of the UN and her team in France from 03 to 13 October 201711, especially the organization of the historic meeting in Marseille Sunday, October 08, 2017 during which, the collective presented him with more than 20 affected people from the region who presented directly their testimonies and written reports in a friendly and original atmosphere, without constraints and without prerequisites. This meeting started at 9 am and ended around 12 pm, followed by interactions between all the people present, men and women, on the experiences of each one in facing the objective and subjective obstacles in the situation of disability. Its actions are independent of any political or ideological influence. It is inspired by the principles of human rights and the spirit of the Convention.
It regularly receives calls for help and assistance from people all over France and Europe to testify about degrading psychiatric practices and the neglect and infantilization by the mandated actors of the adult protection service.
The collective is not subsidized, deprived of any financial or other help to act. In spite of this, it is subjected to pressure and intimidation, online harassment, even threats and unexplained hostilities in Marseille and elsewhere to silence it. They come from the professional world, especially from the actors who act in the field of psychiatry and its aftermath, including some associations that advocate alternatives.
This alternative report is a continuation of the one submitted to the twelfth meeting of the pre-sessional working group of the Committee on the Rights of Persons with Disabilities, September 23-27, 201912. This continuity has largely evolved since the beginning of the implementation of the containment measures in France inscribed in the faire-face to the covid-19 pandemic. It has been voluntarily involved in the direct support of people placed in psychiatric institutions by helping their relatives and families in accordance with the declaration of the special envoy of the secretary general of the United Nations and the president of the CRPD13 to get them out of isolation and avoid the risk of contamination. Likewise, it has acted directly in the accompaniment of people, especially women, subjected to ambulatory psychiatric constraints for urgent somatic care and provision of food when the agents supposed to protect them and the subsidized associations have deserted the field.
The general context of the list of points concerning the initial report of France
To learn that more than 12 million people in France live with a disability or are in a situation of declared or recognized disability or de facto disability, 80% of which are invisible14 and that the rate is constantly rising, invites reflections and practices that break with reductionist paradigms that generate exclusion and marginalization15. These systemic facts are well known and identified in independent and official reports16. On a global scale, more than one billion people are in a situation of disability17. At the European level, women and girls with disabilities represent 16% of the total population of women in the European Union and 60% of the total population of 100 million people with disabilities. This corresponds to approximately 60 million women and girls with disabilities (equivalent to the total population of Italy)18.
Disability: individual crisis or collective responsibility
The studies and researches in the universe of the social and human sciences and in the theories of the general systems19 are and remain unquestionable on the formative relations of the individuals in the dialectic of the interactions between the individual and the collective and the environment. It is the very nature of the human being as a set of social relations, shaped in his multiple identity by systems of collective or social representation20 which pass through multiple forms of these formal and informal interactions, and which end up constructing him, by default or by excess, and direct his behaviors and his behaviors. The social representations responsible of behaviors, of the orientation and the organization the conducts and the social communications21.
However, all the crises in these relations have consequences on the collective and the individual as long as "the insertion of the human in natural data of the world, contrary to the animal, does not operate without problems; it tears off from it, it opposes it, it demands, it fights, it exerts and undergoes the violence..."22. That the individual loses the control of his mental and cognitive processes to end up being categorized by the psychiatry of mental handicap, of schizophrenic, of mental disorders, of bipolar... because he is in crisis and that this one treated of mental or psychic disease in an abusive decontextualization of the whole of the parameters that come into play in these not controlled processes, legitimizes the question on the collective responsibility and the kind of the safety net could we build23. The process of this construction can only be imposed in an unconstrained ecological perspective and in organic link with the principles of human rights and more precisely on the model of the Convention of the Rights of Persons with Disabilities, guarantor of its identity and global security.
Disability and women
All references and statistical data, old and recent, agree on one major fact: More than half of the people with disabilities are women24. According to INSEE data from 2007, 54% are women. The facts of discrimination and exclusion are increasing and exponential in spite of the measures and laws cascading to limit the damage25 as is exposed and recognized in the system of response of France to the list of points formulated by the Committee on the Rights of Persons with Disabilities of the United Nations26.
List of issues concerning the initial report of France formulated by the Committee on the Rights of Persons with Disabilities October 30, 2019
A powerful introduction to the process of assessing France under Article 35 of the Convention
From the outset, the list of points concerning France's initial report formulated by the committee in eight pages is part of the process of evaluating France as a State Party that signed the convention on March 30, 2007, ratified it on February 18, 2010, and brought it into force on March 20, 2010. What the initial report says
However, if the list of points are in tune with the very meaning of the expected evaluation as a process and approach in the sense that it is not reduced to the balance sheet or a regulatory system, is systematically visible in the formulations of the points in the perspective of the response to the objectives pursued by France in the realization and implementation of the articles of the Convention, or even its improvement, the response of France to this list is only a syntactic game without semantics.
Evaluation and the meaning of evaluation
Evaluation as an approach: is an overview
Evaluation as a step: is the examination of a system that pursues objectives
Nevertheless, it is fundamentally accepted in all evaluation approaches and procedures that Daniel Sttuflebeam's (1971)27 famous basic definition: "Evaluate is not to prove but to improve" was a catalyst for the proliferation of concepts with practical implications that broke with the logic of control. Here, the radical demarcation from the concept of control is of an epistemological nature and of a vision well exposed in high quality scientific and intellectual productions.
To evaluate is to distinguish
To evaluate is to distinguish a unit in the psychosocial, educational, economic, health situation, etc. Then it is to identify the meaning that is recognized in this unit. In the framework of our concern, this unit concerns the improvement of the objectives pursued in the conformity of the general policies in the world of the handicap in its different variants to the universal reference model: the articles of the convention of the handicapped persons.
1. Rapport mondial sur le handicap. (2011). https://www.who.int/disabilities/world_report/2011/summary_fr.pdf
2. Rapport du comité des droits des personnes handicapées. https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=A/72/55&Lang=en
3. Mise en ligne des directives concernant l'article 14 de la CDPH dans six versions linguistiques de l'ONU. (2020). https://cvjn.over-blog.com/2020/03/mise-en-ligne-des-directives-concernant-l-article-14-de-la-cdph-dans-six-versions-linguistiques-de-l-onu.html
4. Convention relatives aux droits des personnes handicapées et protocole facultatif. https://www.un.org/disabilities/documents/convention/convoptprot-f.pdf
5. Convention relative aux droits des personnes handicapées. https://fr.wikipedia.org/wiki/Convention_relative_aux_droits_des_personnes_handicap%C3%A9es
6. Rapport initial du gouvernement français. (21 mars 2016). https://www.gouvernement.fr/sites/default/files/contenu/piece-jointe/2016/10/rapport_du_gouvernement_en_application_de_la_convention_internationale_de_lonu_sur_les_droits_des_personnes_handicapees_.pd
7. Comité des Droits des Personnes Handicapées. https://www.ohchr.org/fr/hrbodies/crpd/pages/crpdindex.aspx
8. Election of nine Members of the Committee on the Rights of Persons with Disabilities to replace those whose terms are due to expire on 31 December 2020. https://www.ohchr.org/EN/HRBodies/CRPD/Pages/Elections2020.aspx
9. Rapport initial du gouvernement français. Version 21 mars 2016. https://www.gouvernement.fr/sites/default/files/contenu/piece-jointe/2016/10/rapport_du_gouvernement_en_application_de_la_convention_internationale_de_lonu_sur_les_droits_des_personnes_handicapees_.pdf
10. Texte explicatif. (2016). https://cvjn.over-blog.com/2016/02/nathalie-texte-explicatif-cvjn.html
11. Observations préliminaires de la Rapporteuse spéciale sur les droits des personnes handicapées, Mme Catalina Devandas-Aguilar au cours de sa visite en France, du 3 au 13 octobre 2017. (2017). http://www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=22245&LangID=F
12. Submission to the twelfth meeting of the Pre-sessional Working Group of the Committee on the Rights of Persons with Disabilities, 23-27 September. https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2fCRPD%2fICO%2fFRA%2f35724&Lang=en
13. Joint Statement: Persons with Disabilities and COVID-19 by the Chair of the United Nations Committee on the Rights of Persons with Disabilities, on behalf of the Committee on the Rights of Persons with Disabilities and the Special Envoy of the United Nations Secretary-General on Disability and Accessibility.(2020). https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
14. Des handicapés dans ma ville, il n’y en a pas. » Réveillez-vous ! (2015). https://webzine.okeenea.com/handicapes-ville-accessibilite-lyon/
15. Handicap : quoi, qui et combien ?. https://webzine.okeenea.com/handicap-chiffres-actualites/
16. L’emploi des femmes en situation de handicap.(2016). https://www.defenseurdesdroits.fr/fr/publications/rapports/rapports-thematiques/l%27emploi-des-femmes-en-situation-de-handicap
17. Les chiffres du handicap dans le monde : état des lieux en 2021. https://webzine.okeenea.com/chiffres-handicap-monde-2021/
18. WEBINAIRE SUR «METTRE FIN À LA VIOLENCE À L'ÉGARD DES FEMMES ET DES FILLES HANDICAPÉES DANS L'UNION EUROPÉENNE». (2020). http://edf-feph.org/events/webinar-ending-violence-against-women-and-girls-disabilities-european-union
19. Ludwig von Bertalanffy.(1968). General System Theory. Inc. new York. Traduction française (1993). Théorie générale des systems. Dunod.
20. Les représentations sociales. (2019). https://www.psychologie-sociale.com/index.php/fr/theories/normes/20-les-representations-sociales
21. Les représentations sociales responsables de comportements. (16 janvier 2014).
22. Georg Simmel. (1988). La tragédie de la culture. Editions Rivages. P.177.
23. Bryce Covert. (2021). Imagining a Better Way to Grow Old in America. https://www.thenation.com/article/society/medicaid-aging-elder-care/
24. Infographie sur le handicap en France. https://www.seton.fr/infographie-handicap-france.html
25. La double discrimination des femmes en situation de handicap, « grande oubliée » des politiques publiques. (2020). https://www.euractiv.fr/section/non-discrimination/news/la-double-discrimination-des-femmes-en-situation-de-handicap-grande-oubliee-des-politiques-publiques/
26. Réponses de la France à la liste de points concernant son rapport initial. (2020). https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fFRA%2fRQ%2f1&Lang=fr
27. Daniel Stuffleabeam. (1971). Évaluation pédagogique et prise de décision : Éditeurs FE Peacock,
What does France's response system say to the list of issues regarding the initial report?
The set of elements of the response system formulated in about thirty pages requested by the CRPD is the product of an effort to rationalize the contradictions between the objectives stated in the Convention and the vision of a legalism emptied of its soul and of meanings. It is part of a medico-socio-judicial paradigm, notoriously manifest in the reductionist treatment of mental and psychological facts by the psychiatric system, which pushes back any acceptance of the idea or the realities of the differences in the mental and cognitive functioning of people whether they are in "crisis" or in a so-called state of need for care, corresponding to their state of need without the need to medicate the response to this request.
In sum. France's response system is artificially constructed in a technology of statistics inundated with laws and measures to anticipate blame or disapproval in the CRPD evaluation process. "Too many laws kill the law"28.
List of points concerning the initial report of France
A. Purpose and general obligations (Articles 1 to 4)
1. Please inform the Committee of the measures taken by the State party to:
(a) Ensure that disability assessment mechanisms are consistent with the requirements of the human rights-based model of disability enshrined in the Convention, respect the identity of the person, are consistent with the requirements for the social inclusion of persons with disabilities, and take into account all disabilities, including autism and psychosocial disabilities;
Response of France to paragraph 1 (a) of the list of issues (CRPD/C/FRA/Q/1)
The self-determination of persons with disabilities and their support in expressing their own choices are the basis of France's commitment and action.
Analysis and commentary
The notion of self-determination stems from the principle considered fundamental for any community to take control of its own destiny independently of any external influence or pressure. It is intrinsically linked to motivation. This principle is totally absent in the initial report document from France.
From a psychological point of view, self-determination is the fact of determining one's choices, one's actions, etc29.
Conceptual questions with practical implications are being asked here without a priori about self-determination. On close inspection, it always turns out that conscious ambiguities are left to pollute this principle and empty it of its realizations and translations into action in top-down logics that pass through bureaucratic mechanisms in a dazzlingly apparent architecture, but the transposition of this principle on the model of the CRPD ends up being trapped within this architecture.
Elements constituting the foundations of the self-determination mechanism
Four elements constitute the foundations of the self-determination mechanism30:
Autonomy or the ability to decide, to choose;
Self-regulation, which consists of defining the steps to be taken to achieve one's objectives;
Psychological power: discovering by experimenting, evaluating the effectiveness of one's actions;
Self-realization, the capacity to do by oneself.
In the practices of the institutional and semi-institutional power, the people in situation of psychosocial handicap, supposed or real, all the exits are blocked not to allow the person to manifest or to express his rights in his own way in order to free himself from the constraints imposed on his forced hospitalization combined with the imposed medicamentous treatments, and from the measures of legal protection delegated to the associations without their explicit consent. Self-determination, autonomy, responsibility, protection and freedom are all part of a linguistic plasticity specific to top-down logics. They are not meaningful for the people concerned who consciously claim them.
B. Specific Rights (Articles 5 to 30)
Equality and non-discrimination (Art. 5)
3. Inform the Committee of steps taken to:
(a) Recognize denial of reasonable accommodation as a form of discrimination on the basis of disability in all areas covered by the Convention;
(b) Recognize multiple and cross-cutting forms of discrimination, including discrimination on the basis of disability, age, ethnic or national origin, religion, language, nationality, migratory status, place of residence, sexual orientation, gender identity and sex characteristics;
c) To establish legal remedies and redress mechanisms for victims of the above types of discrimination.
Analysis and comments
The system of response provided by France to the Committee's request on measures taken against the phenomena of virtually systemic discrimination against persons with disabilities does not lend itself to any credibility.
The forms of discrimination are fed by a socio-cultural background that feeds a system of preconceived social representations about difference that disturbs the dominant reference norms, and that criminalizes heterogeneity and diversity of being through subjective over-determinations, symptomatic of neoracism, concept invented by Martin Baker in England31 and its development in another French or Francophone version by Etienne Balibar in France32 in what he called the racist complex and recently, a report shows how the ideology of universalism is invoked to mask discrimination. Analysis and comments
The system of response provided by France to the Committee's request on measures taken against the phenomena of virtually systemic discrimination against persons with disabilities does not lend itself to any credibility.
The forms of discrimination are fed by a socio-cultural background that feeds a system of preconceived social representations about difference that disturbs the dominant reference norms, and that criminalizes heterogeneity and diversity of being through subjective over-determinations, symptomatic of neoracism, concept invented by Martin Baker in England and its development in another French or Francophone version by Etienne Balibar in France in what he called the racist complex and recently, a report shows how the ideology of universalism is invoked to mask discrimination33.
Recommendations and main questions
How many reports, grievances, testimonies and complaints have opened our eyes to unbearable realities that we did not want to see in the world of institutional psychiatric practices and the functioning of the legal protection system of adults delegated to guardianship and curatorship associations?
How is the ideology of universalism invoked to mask discrimination?
How is it that any civic initiative undertaken by people with disabilities, especially in the psychosocial field, in order to assert a basic right to be free and without constraints, responsible and autonomous, is systematically treated with contempt, inconsideration and willful ignorance, in spite of incontestable evidence ?
Women with disabilities (art. 6)
Inform the Committee of measures taken to:
(a) Ensure that women with disabilities are consulted in the development and implementation of laws and policies relating to, inter alia, gender equality, employment, health care and social security;
(b) Ensure that all laws and policies, including those related to gender equality and disability, guarantee the rights of women and girls with disabilities;
Women with disabilities (art. 6)
Response to paragraph 4 (a) of the list of issues (CRPD/C/FRA/Q/1)
26. In the area of employment, an unprecedented consultation was held in 2018 with associations representing persons with disabilities, including women. Several recommendations give prominence to their specific situation.
27. Women with disabilities, health professionals, associations or victims, participated in the work of the Grenelle on domestic violence. A "disability" expert ensured that disability was systematically taken into account in the 11 working groups. An ad hoc group on disability dealt with the issue of education on intimate and sexual affective life and gendered indicators and data.
Response to paragraph 4 (b) of the list of issues (CRPD/C/FRA/Q/1)
28. Since 2012, within each ministry, the senior officials responsible for gender equality and combating discrimination have been leading and ensuring, in conjunction with the senior officials responsible for disability and inclusion, that the equality policy is implemented within the ministry's policies and the structures concerned.
Analysis and commentary on paragraphs 4 a and 4 b
The two points formulated by the committee concerning France on article 6 (a and b) are so simple but they carry in themselves meanings that engage not only the State but also the whole society in all its configurations and structures. We have to note the poverty of the French response to these two points, drowned in technical mechanisms such as the consultation not with the people directly concerned but with bureaucratic associations which, in their functioning and objectives, are far from really representing the legitimate interests and aspirations of women with disabilities, very much expressed in their testimonies on internet sites and social networks. These associations are part of the problems of disabled women. They are a problem more.
Looking closely, the collective truth and justice for Nathalie who has the information supported on experiences and actions, wonders about the violent silence of the associations solicited for help or a gesture so small as it is to give a chance to the survival of Nathalie, destroyed on January 31, 2014 falsely diagnosed with schizophrenia and mental disorders34... and by systemic inconsiderations of associations that claim the representation of women with disabilities and with the complicity of the hierarchical instances at the regional and national level. That these authorities of power were informed about the forms of discrimination inflicted on the victim, deprived of mutual insurance by the judicial representative in 2013 for somatic care so necessary and urgent, not provided by the psychiatric system. This contradicts in fact the answer of France to paragraph 4 b.
The Collective Truth and Justice for Nathalie asks the Committee on the Rights of Persons with Disabilities to underline this major point during the examination or evaluation of France.
That this requested evaluation, which is well explained in the functioning and the objectives of the Convention, be shared by all the actors who act in the direction of these objectives, it can only be integrated in its dimensions by
1) The identification of errors;
2) The recognition of these errors;
3) Rectification, which could lead to a break with the dominant paradigm based on evaluation, when it is only a system of control and compliance with abstract norms predefined by the actors of the system and of power.
Awareness (art. 8)
6. Inform the Committee of measures taken to combat stereotypes, prejudice and harassment of persons with disabilities, in particular persons with psychosocial disabilities and persons with autism, in society and among professionals working with persons with disabilities, and to promote their rights through awareness-raising campaigns, including through the media.
Response of France to paragraph 6 of the list of issues (CRPD/C/FRA/Q/1)
Since its creation in France in 2016. See you in 2021 to help change the way people look at disability
Awareness-raising and media and social network campaigns on national strategies for autism and neurodevelopmental disorders and the identification of gaps in children's development.
Analysis and comments
Although paragraph 6 of article 8 is very well formulated in form and content, especially the treatment of people with psychosocial disabilities and autistic people in society, the response of France is disappointing. The only thing that can be noticed in the system of social representations about disabled people, especially in the psychosocial field, is the deep and complex inscription of the looks of inferiorization and exclusion and of rejection motivated by the supposedly obvious norms to which one must conform. While the media continue to fulfil the function of circulating negative external attributions on people in a situation of disability: children and young people, men and women in an interoperability proper to the French society. The special rapporteur had clearly identified this in her preliminary observations during her visit to France from October 03 to 13, 2017: "Similarly, French society has little awareness of the right of people with disabilities to live within it in full autonomy"35.
About awareness against the negative views and attitudes carried on people with disabilities, the measures undertaken are far from leaving the focus of their production in France and elsewhere. "In the context, it is difficult not to find mental health awareness campaigns glib, reductive and insulting. Too often, they pathologize people's normal reactions to oppression and deprivation "36.
Article 12. Equal recognition of legal personality
10. Inform the Committee of the measures taken to repeal all legal provisions allowing for the deprivation of legal capacity on the basis of disability, including those contained in the Civil Code, the Code of Criminal Procedure, the Code of Civil Procedure and the Code of Public Health, and to replace substitute decision-making regimes with assisted decision-making regimes.
11, Provide data disaggregated by disability, gender, age, rural and urban area, place of residence and socio-economic status on persons with disabilities who are deprived of legal capacity and placed in some form of substitute decision-making regime.
Analysis and commentary
Despite the reforms initiated in the system of legal protection of adults that do not aim at any time the interest of the principle of autonomy and self-determination announced in the system of response as the foundation of the commitment of France and the reports of the Defender of Rights37 of the Court of Accounts38, and the elements of knowledge reported in the preliminary observations of the Special Rapporteur of CRPD during her visit to France from 03 to 13 October 2017 : "In reality, far from ensuring their protection, guardianship deprives people of their rights and leads to a risk of abuse and institutionalization. I urge France to review its legislation to eliminate any regime of substitute decision-making. Instead, all people with disabilities must have the benefit of supported decision-making, regardless of the degree of support needed, so that they can make informed decisions for themselves."39.
Overwhelming testimonies communicated to the collective truth and justice for Nathalie of mothers and women, put on line and on social networks of communication report incontestable information on the practices of the representatives within the UDAF and in tutelary associations, notorious in the infantilization and forms of systematic neglect of the fundamental needs of the people subjected mainly without consent to the fire of these measures. Any insistence from the guardians on the fundamental rights of the protected persons, especially women, is followed by real threats of psychiatric internment for "care", which are part of their agenda to silence them, including their relatives who demand from the courts the lifting of these measures. If we look closely, it is always the case that the judge blindly follows the diagnosis or the certificate of the psychiatrist in his decisions and ignores any reference to article 12, amplified by the incompetence and ignorance of the defense, in this case, the lawyers.
While the reference to the articles of the Convention in the courts, is a cruel reality, even rejected with total contempt when it is evoked.
However, if these measures are part of the accompaniment to the autonomy of the person and his protection, the actual practices are in flagrant contradiction with this objective.
France's response to paragraphs 10 and 11 is more than fanciful. It is evasive. Through mechanisms of technicalization of the so-called reforms and law of justice programming 2019, it reinforces the measures of maintaining guardianship and curatorship by the inability to comply with the modality of accompanied decision making. The logics of guardianship and trusteeship are part of the problems of the people categorized of psychosocial disability.
It is during psychiatric hospitalizations that systematic research is carried out on the social, family and professional life of the patient, not in order to make use of support or levers that could take over, but to introduce the patient or user, especially young women and mothers, into an invisible process of being placed under guardianship or curatorship in the name of protection. Using their vulnerability and isolation and especially their lack of knowledge about protective measures, presented as a good solution to their situation to incapacitate them for life and not to accompany them to autonomy. This is where the psychiatric diagnosis is surreptitiously oriented in the direction not desired by the patient, even without his knowledge or in forms of psychological manipulation, to validate the protection measure, which is transformed by its delegation to an associative complex to the functioning of the company in forms of uncontrollable dispossession, which subsequently, profoundly hinders the freedom of the protected and generate forms of financial and material insecurity, with worrying and dramatic consequences. This is the least that can be said about the failing and inhuman practices of this protection system delegated to incompetents with the knowledge of out of control guardianship judges. The actors of this system, called judicial representatives, exercise forms of verbal violence, intimidation and blackmail, even threats of re-hospitalization every time the protected person claims his rights to money for life.
The collective truth and justice for Nathalie has information and indisputable evidence on the operation of the curatorship system delegated to agents who act in associations to the operation of the company. A complaint was filed on November 12, 2014 with the public prosecutor of Aix-en-Provence against the mandatary, for fraud and negligence ;
1) Put an end to the abuses of the applications of institutional guardianship and curatorship measures;
2) To put an end to the impunity and abuse of the mandataries, guardians and curators;
3) Abolish the guardianship and trusteeship system in its current forms and establish a flexible and controlled system in accordance with human rights principles and the articles of the CRPD. Introduction of assisted (rather than substituted) decision-making regimes in accordance with the Convention on the Rights of Persons with Disabilities;
4) Abolish the Disabled Adult Allowance system and replace it with a non-stigmatizing Universal Income system;
5) Reconsider the complaints filed against legal representatives and guardians for negligence and fraud;
6) To remind the French State and its government of the serious consequences of the functioning of guardianship and trusteeship, which has become out of control and out of prosecution in spite of complaints and official reports on the failure of this system which generates processes of deprivation of the basic needs of life of the protected persons, especially women, who are left to beg, prostitute and starve to death;
7) To remind the French State and its government that the problem is not technical or dysfunctional, but it is structural, contaminated by computational logics and not of the accompaniment to the autonomy or protection and that these measures hinder the freedom of the concerned persons;
8) To remind the French State and its government of the disregard of justice of the complaints of the protected persons and their relatives for abuse and negligence and misuse ;
9) To remind the French State that the mandataries, the tutors and the curators are sources of problems more than solutions for the persons subjected to the protection and to their absolute power. Because they are incompetent. Because they are dependent on the objectives of their reference structures and not at the service of the needs of the persons to be protected;
10) To remind the French State that guardianship and curatorship measures are not protective measures. They are targeted shots against the weakest links in society: the vulnerable and the poor. And it is not by missing this category of society that we can boast of human rights and democracy. The sick, the vulnerable and the poor are first of all human beings and citizens. Objective, social and economic, material and moral conditions are set up as obstacles to their freedom and normality. It is a question of social justice that is lacking;
11) To remind the French State that the housing conditions are unacceptable for most of the people under the legal protection of adults;
Article 13. Access to justice
A distinction must be made here between justice as an indivisible whole, a principle, and access to justice as specific steps.
In matters of disability, especially psychosocial disability, the word justice is a signifier without a meaning.
The procedures and steps to assert the basic rights of people categorized as disabled, especially those who are "diagnosed" by the psychiatric system as "mentally handicapped, cognitive or mental alterations, deficiency, mental disorders, schizophrenia, weirdness, etc." are and will never be treated as such. "These people are and will never be treated as subjects of law and ordinary citizens as long as the normative framework in which the law of February 11, 2005, which organizes the world of the handicap in all its variants, physical and psycho-social in France, emphasizes the notion or the appellation of intellectual or mental deficiency in which are put all the people who have transited by the psychiatric system, especially in the conditions of constraints.
The majority of judges do not perceive people categorized as having a "psychosocial" disability who claim their basic rights as other citizens. Their views and evaluations of the situations of these people, especially women and young women, are contaminated by the elements of supposedly scientific psychiatric diagnoses, codified in medical certificates that are unquestioned by judges, despite the notorious errors in most of the diagnoses of the hospital psychiatric system and the recent questions and controversies about studies and research in psychiatry40.
These are the elements that profoundly influence the decision-making processes of most judges in all cases of litigants, elements infected with diagnoses of "mental disability". To understand how people with disabilities are treated by the justice system, see the case of their trial in Toulouse41.
There are strong reasons to retain the idea that psychiatry and justice are contaminated by Sarkozy's speech of December 2, 200842, which by its practical implications has left the field open to professionals of psychiatrism, psychologism and juridism to prick the undesirable people for the system of dominant norms because they are in crisis or live a cognitive and socio-psychological instability, in a strategy of dalliance with mental and cognitive processes held of stabilization and recovery. This can agree with the idea or ideology of the exception or the French exceptionalism whose political unity and cultural unity are not dissociable43, and in another development and distinction, this exceptionalism refers to particularisms of the State44.
1) Separation of psychiatric and judicial power and an end to the instrumentalization of psychiatry by eliminating its accusatory bias of cognitive functioning;
2) Active listening to the patient as a full legal subject and not as a psychiatrized and incapacitated identity;
3) Banish psychiatric concepts that undermine the idea of intelligence and its facets in the perception of the person categorized as psychosocial disability by justice, in this case, by judges;
4). The identity of the psychiatric person is not reduced to the attributions codified by psychiatric diagnoses and the incapacitating look of the judges;
28. Trop de lois tue la loi : … La jungle législative. (2007). https://www.lemonde.fr/societe/article/2007/01/23/trop-de-loi-tue-la-loi-la-jungle-legislative_858601_3224.html
29. Centre National de Rssources Textuelles et Lexicales. https://www.cnrtl.fr/definition/autod%C3%A9termination
30. L’autodétermination : un élément clé d’inclusion du handicap intellectuel. (29 octobre 2019). https://www.juralliance.fr/n/Actualites/L-autodetermination-un-element-cle-d-inclusion-du-handicap-intellectuel-i1967.html
31. Martin Baker. (1981). Le nouveau racisme: les conservateurs et l'idéologie de la tribu, Londres: Junction Books 1981.
32. Etienne Balibar, Immanuel Wallestein. (1991/1998). Race, nation, classe: identités ambiguës. L’idée d'Etienne Balibar (1998) : "Car la destruction du complexe raciste ne suppose pas seulement la révolte de ses victimes, mais la transformation des racistes eux-mêmes, et par conséquent la décomposition interne de la communauté instituée par le racisme." P. 29. Race, nation, classe. Les identités ambiguës. La Découverte.
33. Gabrielle Siry (PS) : «L’universalisme ne devrait pas être invoqué pour masquer les discriminations». (2021). https://www.liberation.fr/politique/gabrielle-siry-ps-luniversalisme-ne-devrait-pas-etre-invoque-pour-masquer-les-discriminations-20210802_22ABXGUMKZD3BPJBWFFOYUEKOQ/
34. Schizophrénie : un diagnostic erroné serait fréquent. (2019). http://www.psychomedia.qc.ca/schizophrenie/2019-04-23/erreurs-diagnostiques
35. Observations préliminaires de la Rapporteuse spéciale sur les droits des personnes handicapées, Mme Catalina Devandas-Aguilar au cours de sa visite en France, du 3 au 13 octobre 2017. https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22245&LangID=E&fbclid=IwAR0aSB-4j7BvBiWRMbLJFBMslFCKPhhAN6_kbtVDP_32EenPAaP1d0yGHno
36. Colette Shade. The Problem With Mental Health Awareness. (2021). https://www.thenation.com/article/society/mental-health-awareness/
37. Défenseur des droits. Protection des majeurs vulnérables. (2016). https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/rapport-majeurs_vulnerables-v5-num.pdf
38. LA PROTECTION JURIDIQUE DES MAJEURS. Une réforme ambitieuse, une mise en œuvre défaillante. (2016). https://www.ccomptes.fr/sites/default/files/EzPublish/20161004-rapport-protection-juridique-majeurs.pdf
39. Observations préliminaires de la Rapporteuse spéciale sur les droits des personnes handicapées, Mme Catalina Devandas-Aguilar au cours de sa visite en France, du 3 au 13 octobre 2017. https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22245&LangID=E&fbclid=IwAR0aSB-4j7BvBiWRMbLJFBMslFCKPhhAN6_kbtVDP_32EenPAaP1d0yGHno
40. Des études psychiatriques exagèrent leurs résultats mais il ne faut pas exagérer cette tendance. (2019). https://www.sciencesetavenir.fr/sante/cerveau-et-psy/les-etudes-psychiatriques-exagerent-leurs-resultats-mais-n-exagerons-pas_136237?xtor=RSS-16
41. Personnes handicapées : le procès de Toulouse vire à l'absurde et devient celui de l'accessibilité de la Justice. (2021). https://www.handi-social.fr/articles/actualites/personnes-handicapees--le-proces-de-toulouse-vire-a-l-absurde-et-devient-celui-de-l-accessibilite-de-la-justice-471528
42. Déclaration de M. Nicolas Sarkozy, Président de la République, sur la réforme de l'hôpital psychiatrique, notamment la prise en charge des patients à risque, à Antony le 2 décembre 2008. (2008). https://www.vie-publique.fr/discours/173244-declaration-de-m-nicolas-sarkozy-president-de-la-republique-sur-la-re
43. Henri Gibier. (2000). Regard sur l'exception française. https://www.lesechos.fr/2000/10/regard-sur-lexception-francaise-754363
44. Marthe Fatin-Rouge Stéfanin. https://halshs.archives-ouvertes.fr/halshs-01464411/document
Article 14. Liberty and security of the person
Article 14 is a non-discrimination provision in itself. It clarifies the scope of the right to liberty and security of the person as it relates to persons with disabilities, and prohibits any form of discrimination on the basis of disability in the exercise of this right. It is therefore directly related to the Convention's objective of promoting, protecting and ensuring the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities and promoting respect for their inherent dignity
Analysis and commentary
On closer inspection, it is always the case that the intervention of psychiatry as a system of diktat (anything that seems to be imposed by external force)45 and interoperable scope, deprives the person of his or her real identity and fundamental freedoms in a strategy of control and compliance through coercive means supported by the judicial and administrative system. This complex undertaking is always part of strategies of shading in the name of security and public order. The certificates issued by the system's doctors and psychiatrists constitute an armed arm to lead the person into processes of psychological and physical destruction in the name of forced hospitalization and imposed care in the internment and outpatient system.
The case of Nathalie, victim of forced hospitalizations and imposed treatment.
Hospitalization center Montperrin psychiatric establishment. Aix-en-Provence
On closer inspection, it is still found that this establishment is far from complying with the rights of patients and the articles of the convention, especially article 14.
The visit report of the Contrôleure Générale des Lieux de Privation de liberté from 04 to 19 February 2019, the first visit to the Montperrin hospital center completed with 36 recommendations46 indicates that in 2018: 5865 measures of full-time hospitalization were taken, including 933 in care without consent (SSC). The proportion under imminent peril is significant. One third of the measures taken by decision of the director of the establishment, although they are intended to be exceptional.
Similarly, a report on the visit of the Controller General to the psychiatric unit of Marseille47 from 6 to 17 January 2020. The AP-HM is the third largest university hospital in France with 3288 beds and places, of which 418 are psychiatric beds and places: 13%.
The report underlines the indignity of the care, accentuated by structurally inadequate premises. Thus, at the time of the inspection, the organization of daily care in the departments was not designed according to the needs of the patients.
The visit ended with 12 general recommendations and 29 recommendations for consideration plus two proposals.
The roadmap is a roadmap of failure
The release of the roadmap in 2018, mental health and psychiatry48 is an implicit recognition of the bankruptcy of the mental health paradigm, an orthodoxy of psychiatry. In a game of issue-action matching, the so-called roadmap ends in cognitive and procedural closure and systemic imperviousness, even deadlock and barricaded confinement by mental health ideology49. This vaunted strategy surreptitiously masks the passage from seriousness to catastrophe of psychiatry in France with heavy consequences on more than 2 million people of patients followed by the psychiatric "sectors.
Positive point in the roadmap
In spite of the inscription of the roadmap in a bio-medico-social engineering, the recognition of the link between the psychic and the somatic in the page 16/31, is for the first time that it is displayed in the health policy especially for persons entrusted to psychiatry. Unfortunately, the translation of this link into action is very complex and far from surfacing to fit into the paradigm of medical sciences. A roadmap of rout and not of road.
Measures and decisions in a fatal chain. Nathalie's case
Automatic hospitalization by prefectural order from 19/10/ to 19/01/2011.
Ambulatory care from 19/01/2011 until her death on January 31, 2014 at the age of 43 years
Prefectural order dated 15/02/2013 maintaining this measure.
The medical certificate dated 17/08/2013 established by the same psychiatrist after collecting observations on the victim in a context of deprivation of liberty that requests the maintenance of the measure.
On the basis of this certificate concocted by this psychiatrist, the prefecture orders in its last decree the maintenance of the measure of care without consent for a maximum duration of 6 months.
On closer inspection, it turns out that all the diagnoses and certificates drawn up by the psychiatrist are nothing but pasted copies. A death on prescription.
Psychological and physical destruction of the victim on January 31, 2014 despite the steps taken in all hierarchical directions and alerts communicated.
The certificate established on 03/02/2014 by the department of medicine after a month spent in the legal death chamber is clear: Cause of death: "Respiratory failure of the drug load".
We are facing psychiatric imperialism. Psychiatry, a system of accusation maintained by the power to legalize the neutralization and the annihilation of the differences in the cognitive functioning of the persons in the name of a system of norms which pass by the whole of the institutions. It is only an outdated ideology. Psychiatry intervenes in the family, in the school, in the company and in politics. And yet, it is only a branch born sick of the medical sciences, authorized by the power and accepted by the French society to pronounce on a complex and dynamic quality: Intelligence. Through its systematic incursions, it has obtained a permanent visa with total territorial validity in the hexagon to pathologize this quality. However, the time is serious and the democratic and legal, even scientific and media struggles must be engaged to deactivate this interoperable instrument of the human sphere if not to eradicate it.
By reconstructing the imposed course of forced psychiatric hospitalizations and imposed and renewed care several times in a total synergy, the prefecture, the psychiatrist, the curatorship without it being important for these actors to respect the right to life and individual and family freedom, notoriously manifested by the abduction of his child by the actors of psychiatry from the first minutes of his birth and without having any chance to see him in spite of legal and juridical steps.
I propose to the Committee on the Rights of Persons with Disabilities to ask these basic questions about the violation of the life and dignity of the victim in a violent silence and against the principles of human rights and the convention that France has signed.
The case of Florence (2004). Died because of psychiatric treatments administered in a total disorder50.
1) Repeal all laws and measures concerning "mental health";
2) Undo the link between psychiatry and justice;
3) Abolish all forms of forced psychiatric hospitalization and involuntary treatment in accordance with Article 14 and its guidelines;
4) To act at the level of the school and educational system in all its levels to eradicate the concepts of psychiatry which pollute the social and individual representations;
5) To put an end to the impunity of psychiatrists who lead people accused of mental disorders in their fallacious diagnoses into a total impasse and to death by prescription;
6) Reconsider the complaints filed for voluntary/involuntary homicide against psychiatrists;
7) To remind France that the measures of forced hospitalizations and imposed drug treatments lead inexorably to processes of psychological and even physical destruction. The case of Nathalie.
Article 15. Right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment
1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, it is forbidden to subject a person without his free consent to medical or scientific experimentation.
2. States Parties shall take all effective legislative, administrative, judicial and other measures to prevent, on an equal basis with others, persons with disabilities from being subjected to torture or cruel, inhuman or degrading treatment or punishment.
Analysis and commentary
What is not known about the destructive psychiatric practices of the dimensions of the person's identity is more important than what is known. In order to understand how the psychiatric system of accusing intelligence and its dimensions works, it is necessary to dismantle its mechanisms. To dismantle its mechanisms, you need tools. To have tools to dissect its language51 it is necessary to identify its borders of references: Scientism in its extreme as a cold and icy ideology, source of contamination of the mind52 and its deployments.
The protocols of care imposed on people in psychiatric institutions and also on those who are in the ambulatory system is already one of the forms of institutional torture and an absolute negation of the will of the person concerned, especially women, in their choice and decision.
It is clear how the actors of the psychiatric institutions organize stratagems to force people to take treatments against their will. Any challenge, however small, is immediately subjected to various countermeasures: isolation, deprivation of exit, deprivation of benefits, etc.
Research and dabbling with the processes and identities of the psychiatrically disabled
It should be noted that forms of torture and cruel treatment inflicted on people categorized as "mentally handicapped", notoriously manifest in forms or models of research piloted by biased academic actors and supported more particularly by certain Regional Health Agencies. This so-called research is part of what is called research-innovation, recovery. This is the case in Marseille, masked under the project of a respite care center which turned into a fiasco. These spurious researches are conducted to serve personal and professional interests with forms of conflicts of interest. They are designed to destroy fundamental research in health, explicitly recommended in the report of the Cour des Comptes53 by giving priority to fundamental research in biology-health.
Testimonies reported to the collective that left the respite care project describe forms of moral and psychological violence, and even methods of corruption to validate false and biased hypotheses in interviews and randomization experiments, synonymous with moral torture. Similarly, research in some academic centers has taken advantage of the covid-19 pandemic to target people with psychosocial disabilities to validate hypotheses that are flawed or designed in an old-fashioned paradigm.
Isn't it strange to see people categorized as mentally disturbed, mentally handicapped, schizophrenic, bipolar, at risk, in crisis... transformed into the object of speculations held in research and investigation?
For an ecology of fundamental research and shared knowledge of experience
The time has come to break with research practices that focus on crises of people defined and reduced to psychological problems or illnesses interpreted in a scientistic and reductionist paradigm, neutralizing all anthropological constraints, and to inscribe them in an ecology of knowledge and action by depsychiatrization, depathologization, deprofessionalization54 and deinstitutionalization, and valorization of patients' knowledge55.
1) Put an end to all forms of imposition of psychiatric care protocols;
2) To put an end to all forms of blackmail in the relationship to the taking of treatments administered to people hospitalized without constraints and in the constraints;
3) To put an end to forms of private research serving personal and professional interests;
4) To promote ecological ways of getting out of dependence on psychiatric medication;
5) To recognize the potential of the psychiatric patient in his or her functioning
6) o put an end to the process of infantilization;
Article 16. Right not to be subjected to exploitation, violence and abuse or degradation
Analysis and comments
France's response to the list of points concerning article 16 is in line with the normalization of the facts of abuse and violence, especially concerning women.
If we look closely, it is still the case that the vast majority of people with social disabilities, whether they are under psychiatric constraints or in the ambulatory system, are discouraged from crossing the threshold to inform themselves, report or lodge complaints for fear of reprisals from the actors of psychiatric and mental health establishments and also because of the fact that they are discredited by the services concerned.
While the caregivers or their relatives, it is to be noted that their status or their place in the accompaniment processes which are complex and exhausting, find themselves isolated, even discouraged because of the passivity of the services and authorities in charge of listening and giving a level of understanding of the sufferings linked to the phenomena of abuse and violence. Many are exposed to reprisals and threats.
The mechanisms exposed in the French response system regarding article 16 is a form of institutionalization, domestication and implicit acceptance of the facts of abuse of which women are mostly victims.
It is not with mechanisms of good practices and listening centers like the 3977 of ALMA created in 2008 and 3919 the telephone number for women victims of violence created in 1992 that the facts of mistreatment will be recognized and the authors sanctioned. These are only registration and support centers to forget and accept.
The formal structure of France's response is designed to drown the people concerned in expectations that turn into heavy disappointments leading inexorably to psychological and moral downfalls.
Response of France to paragraph 16 (e) of the list of issues (CRPD/C/FRA/Q/1)
There are legitimate questions about the response to this paragraph. When did the ARS take seriously the facts of abuse inflicted on patients, especially women?
What is the follow-up to the report communicated to the ARS of Marseille on March 14, 2011 on the contestation of compulsory hospitalization measure of N.?
What is the purpose of the ARS ?56
1) To recognize that abuse and violence in psychiatric institutions are facts;
2) To deal with the grievances and complaints of the victims in the framework of consideration and recognition;
3) To ease the process for victims of psychiatric abuse and violence;
4) To put an end to inappropriate care protocols in time and space;
5) To put an end to private research practices on psychosocially handicapped people to serve mercantile logics and personal and professional interests. This is another form of violence that is not mentioned;
6) To act in a top-down and bottom-up way in the liberation of the word of the victims of abuse and violence with protection against reprisals and effective support and protection for the caregivers and accompanying relatives;
7) To recognize that all forms of abuse and violence against people with disabilities are crimes against the vulnerable and humanity;
8) To recognize and publicize the United Nations Convention on the Rights of Persons with Disabilities as a universal reference framework for the protection, assurance and promotion of human rights and fundamental liberties.
Article 17. Protection of the integrity of the person
Scientific and anthropological research agrees on the fundamental idea that each human person is a unit integrated with himself and with his social and ecological environment, regardless of his status. Through their cognitive capacities, they act and interact in continuous and open processes. "Intelligence organizes the world by organizing itself”57. What the psychiatric paradigm systematically refuses to admit.
The inscription of the person in processes and procedures of long-term psychiatric drug treatment ends in cognitive, psychological, mental and physical disintegration.
Article 19. Autonomy of life and inclusion in society
On closer examination, it is still the case that the measures of psychiatric restraint and the control of these measures, especially their medicinal aspects, combined with the weight of guardianship and curatorship measures, totally contradict the French response to autonomy of life and inclusion in society. Everything is designed in psychiatric practices and in the so-called legal protection of adults to perpetuate the dependence of the person categorized as mentally handicapped and incapable.
1) To put an end to the obstacles systematically raised by psychiatry by maintaining the dependence on treatments which hinder the cognitive and mental functioning in its normality, of the people subjected to heavy treatments with devastating side effects;
2) To put an end to the obstacles systematically erected and the manipulative stratagems of the judicial representatives who act in structures of guardianship and curatorship to the functioning of the company.
Article 22. Respect for privacy
It is necessary to note the incursions of the psychiatry in the private life of the persons under ambulatory regime. Interrogations on their relations and their close and family entourage in a strategy of control of their movement and relation.
To put an end to the intervention of the psychiatry in the identification of the relatives of the persons under ambulatory regime to collect diverted information.
Article 23. Respect for the home and the family
To proceed in a criminal enterprise led by the actors of psychiatry and those of legal protection of the adults to remove immediately the child after the childbirth in the hospital and to throw the mother in the street without resources and without clothes is something which raises the immorality and a growing dehumanity in a State which says itself of right. See the case of Nathalie which corresponds perfectly to this crime. It is unbearable for the victim. Thrown out of the psychiatric hospital on April 26 without resources, without follow-up and without clothes.
1) I ask the committee to remind the government of France in the evaluation process that the brutal separation of the child and his mother from birth is a common practice in the psychiatric system in France. See the case of Nathalie in Aix-en-Provence.
2) To put an end to violence against women in the ambulatory system at home by letters from psychiatric services, phone calls with threats against not attending CMPs (Centres Médico-Psychologiques) for neuroleptic injections and verbal aggression in phone calls.
45. Diktat. Tout ce qui semble imposé par la force extérieure. https://www.cnrtl.fr/definition/diktat
46. Contrôleur Général des Lieux de Privation de Liberté. (2020). https://www.cglpl.fr/wp-content/uploads/2020/10/Rapport-de-visite-du-centre-hospitalier-Montperrin-%C3%A0-Aix-en-Provence-Bouches-du-Rh%C3%B4ne.pdf
47. Contrôleur Général des Lieux de Privation de Liberté. Rapport de visite : 6 au 17 janvier 2020 – Première visite Assistance publique-Hôpitaux de Marseille (Bouches-du-Rhône). https://www.cglpl.fr/wp-content/uploads/2021/02/Rapport-de-visite-du-p%C3%B4le-de-psychiatrie-de-lassistance-publique-des-h%C3%B4pitaux-de-Marseille-Bouches-du-Rh%C3%B4ne.pdf
48. Feuille de route. Santé mentale et psychiatrie. (2018). https://solidarites-sante.gouv.fr/IMG/pdf/180628_-_dossier_de_presse_-_comite_strategie_sante_mentale.pdf
49. M’hamed EL Yagoubi. (2018). Feuille de route. Santé mentale et psychiatrie. Faillite d'un paradigme générateur des impasses et des drames humains. https://cvjn.over-blog.com/2018/07/feuille-de-route.sante-mentale-et-psychiatrie.faillite-d-un-paradigme-generateur-des-impasses-et-des-drames-humains.html
50. Homicide par négligence et incompétence. (2015). https://www.forumpsy.net/t934-l-affaire-florence-edaine-decedee-a-l-hopital-psychiatrique-roger-prevot-de-moisselles-95
51. André Jacob. (1976). Introduction à la philosophie du langage. Editions Gallimard. Paris.
52. Steven Pinker. (2000). Comment fonctionne l'esprit. Éditions. Odile Jacob.
53. La Cour des Comptes. Le financement de la recherche publique dans la lutte contre la pandémie de Covid-19. (2021). https://www.ccomptes.fr/fr/publications/le-financement-de-la-recherche-publique-dans-la-lutte-contre-la-pandemie-de-covid-19
54. M’hamed EL YAGOUBI. (2020). Pour une écologie de recherche et du savoir sur le système de stigmatisation psychiatrique et ses propagations idéologiques. https://cvjn.over-blog.com/2020/06/pour-une-ecologie-de-recherche-et-du-savoir-sur-le-systeme-de-stigmatisation-psychiatrique-et-ses-propagations-ideologiques.desinsti
55. Jeannette Pos. (2013). Knowing Patients: Turning Patient Knowledge into Science. https://journals.sagepub.com/doi/pdf/10.1177/0162243913504306
56. Gérald KIERZEK. (2016). https://www.cgt-chlavaur.fr/J-ai-besoin-d-infirmieres-d-aides-soignantes-pour-mon-service-Gerald-KIERZEK-Medecins-urgentiste-sur-LCP-10-11-16_a1223.html
57. Jean-Piaget. (1937). La construction duréel chez l’enfant.Edit. Delachaux et Niestlé. Suisse
Article 25. Health
Certainly, people with psychosocial disabilities are victims of both the heavy psychiatric treatments that hinder their cognitive functioning and movement because of the lifelong dependence, created systematically and maintained in the constraints, and the total neglect of vital somatic care to maintain themselves in a relative balance.
The systematic deprivation of somatic care accelerated the processes of irreversible degradation of the whole life of the person under psychiatric restraint and even in the ambulatory system. The edifying case of Nathalie, victim of the deprivation of somatic care with the knowledge of her psychiatry and with the complicity of the mandatary who terminated her mutual insurance in 2013. Died on January 31, 2014 for lack of appropriate care. An institutional crime.
1) Put an end to the dissociation between the psychic and the somatic in the protocols of care of people with psychosocial disabilities;
2) To learn from the case of Nathalie and others in order not to repeat these horrors. Better the end of horrors than endless horrors.
Article 27. Work and employment
In a context of structural crises that plague the socio-economic system, employment has long become a missing reference in the market. A market economy in its neoliberal aspect is far from leaving a chance for people expelled to the marginal space of the system to the functioning based on competition, immediate profitability, docility of the employee. This system is oriented in the recruitment to the candidate who fulfills the criterion of the increased man. Which makes the unlivable a complex reality for people accused by the system of psychiatric diagnoses of mental deficiencies and disorders and by the justice system of being incapable58.
It is more just and satisfying to advocate the strategy of Universal Income59 by putting an end to jobs that no longer correspond to their expectations and do not motivate them.
1) Valuing the financial and moral support of people with physical and psychosocial disabilities and include it in the Universal Income strategy;
2) Valuation of the potential of people with physical and psychosocial disabilities;
3) Replace the term employment with the term activities to avoid ambiguities and confusions in relation to the labor market.
Conclusion and perspective
France's response system to the list of points formulated by the CRPD testifies to evasive attitudes marked by the inability to leave the orthodoxy of psychiatry, at least, daring to mitigate the extent of its horizontal and vertical interoperability in society and to be inspired by some ecological doses, a missing reference, would have been an anthropological revolution.
If the covid-19 pandemic has surprised the whole humanity, including its decision-making spheres, nevertheless, it has revealed not only the handicap in explanation and understanding but the impotence theorized and implemented by controversial mechanisms of measures. All humanity in its diversity is confined, locked up, under curfew. A proof of the fragility and the vulnerability of the human species, notoriously manifest in its major handicap taken short in the limits of its capacity in the face of the unforeseen, the unexpected and the surprised.
However, it is not too late to learn from our insufficiency, from our real handicap ignored in life and its surprises that put everyone to the test in life and existence. The measures of security, protection, distancing from staying at home have undoubtedly undermined the principles of human rights and conventions that protect the vulnerable, people with «disabilities», in this case, the convention of the rights of people with disabilities by violating somewhere the fundamental liberties and acquired rights.
I am thinking here of disabled people everywhere in this world of uncertainties and also of hope to see this humanity in the complexity of its diversity reappear in new reunions with itself more reassuring and more supportive in power and in action with her vulnerable part categorized as disabled.
The updating of this parallel report, however modest, was done under unbearable conditions related to the post-trauma and the deterioration of the overall health condition. In addition, intimidation, harassment, pressure, and serious and nauseating accusations made to destabilize, about personal identity and reference from several circles hostile to the activities of the collective to silence and stifle it. Similarly, institutional actors have not hesitated to go as far as the collective home invasion in November 2019 just a month and a half after my return from Geneva on September 23 after presenting my report to the CRPD. These acts are wrapped up in low-level stratagems and in inappropriate behavior and threatening attitudes translated into retaliation that are unique to their functioning.
I ask the Committee to report these facts to the government during the evaluation processes. Living in this atmosphere goes beyond the limits of the living organism.
EL YAGOUBI M'hamed
Independent post-doctoral researcher
Cognitive Sciences - Education - Health - Evaluation - Ecology
Non-State Rapporteur of the United Nations Committee on the Rights of Persons with Disabilities
58. Judith Butler et Frédéric Worms. (2021). Le vivable et l’invivable. PUF.
59. Le revenu universel, c’est maintenant ! (2021). https://www.courrierinternational.com/article/la-une-de-lhebdo-le-revenu-universel-cest-maintenant