--> Jean-Francois Py ...
Ireland, September 28, 2018
the President of the French Republic
Mr. Prime Minister
of Justice, of Health, of Disability
Mr. defender of the Rights
Ms. Comptroller general of places of deprivation of liberty
three years ago today exactly, my wife Maryna left France for Ireland, with his son Timothy, aged 16, who has autism. The latter had just undergone a psychiatric hospitalization with use of restraints, and high doses of neuroleptics, at the request of his father and, indirectly, the director of the IME, where the father of the child had placed his son in a few weeks before. My wife, who had custody, had to accept this situation under the duress of a children's judge, the result of the exclusion abrupt college regular that he was, in September 2014. It is only after a refusal of this same family court judge to consider the danger his son had faced, and while his son expressed a categorical refusal to return to the institution, that she had resolved to leave France, abandoning everything.
Timothy had quickly been taken care of appropriately, in Ireland, with integration in the local school system. In January 2017, he returned to France with his father for a holiday, the latter agreeing to take on Ireland in a one-month period. Instead, Timothy was again subjected to neuroleptic treatment (so said the doctor, "anti psychotic "double"), and be reinstated in the IME that had briefly welcomed in 2015. As he reached his majority in April 2017, a guardianship application has been made, and in November 2017, this guardianship has been entrusted to an association, on the grounds that it was necessary to keep Timothy out of the conflict between the parents. However, it has been banned, and his mother, and me her father-in-law, of the meeting, and the association did not endorse the choice of the father in terms of the placement, as we said be ready to preserve a family life and is open in the middle of ordinary Timothy. This decision of control has just been confirmed in appeal, while the father and the association is poised to integrate Timothy in a foster Home specialized(e).
This situation calls for several comments :
1/ in the course of The procedures that I mentioned briefly, it has never been deemed useful to hear Timothy himself, by the means appropriate, taking into account his or her disability, including when it became major. His rights have been constantly denied. An expert has been committed by the guardianship judge to clarify that he did not have the discernment necessary to be heard in respect of its trusteeship. But this does not mean that it cannot express choice, especially to see the family in which he grew up (ours, including his younger sister whom he is very close), and live with it. Our demands in this direction have so far been systematically ignored. But its status as a vulnerable person dependent and not waived any of its rights, as stipulated in article 459-2 of the civil Code.
2/ The international convention on the rights of persons with disabilities, of which France is a signatory, and which therefore require, have been purely and simply ignored, especially on the point where it state that the person with a disability cannot be forced to live in any place that is "specialized". Which leads me to return to the question of neuroleptic treatment. We talk about chemical straitjackets on this subject, this is by no means excessive. The director himself admitted that the institution that Timothy was forced to attend to, when we aren't able to manage a "resident", asks his (her) parent(s) of the present psychiatric hospital. Situation encoded, which therefore makes the "treatment". Gold Timothy, during the years spent under our roof, has never identified any treatment of this order. And we know that the excesses of behavior, in people with autism, they compensate the difficulty to express frustration and discontent. And when Timothy has expressed its rejection of the institution, it had to be the "treat" to bring to résipiscence. The situation was no different in 2017, when I noticed visually that it was transported on a daily basis strapped to a stretcher in the back of an ambulance (for which I had to lodge a complaint for abuse), on the pretext that he had a dangerous behaviour.
3/ The justice system, as well as the father of Timothy, the MDPH in 2014, and the association of guardianship, shall bear the responsibility for the present situation, where the future of a young adult should be limited to the environment of a "home specialist", in the company of 40 other adults with the same disability. Timothy is a boy with very well-developed physically, of noteworthy endurance (mountain bike, long walks), he was practicing the piano and attending concerts at the Opera, learned English as well as Russian, was, in his way, in the face of social relations. We cannot believe that the prospect of confinement to match that, Mr. speaker, no point of this that you have expressed on the issue of disability and autism in particular, nor even to the prospects say strategic "national strategy for autism," that your government introduced last spring.
4/ This prospect is all the more unbearable that there is an alternative, that the Court of appeal refused to take into consideration: we are willing, his mother and his sister and me, to allow him this life in the social fabric of the common and help to find a satisfactory place, without the cut of his paternal family. But without a doubt, the stigma of judicial which his mother is the subject (and me incidentally) precludes this possibility. Continued by european arrest warrant in 2015 for subtraction of the child, (but Ireland has refused his extradition), she was convicted but exempted from punishment, by the correctional court on 2 July. For my part, I was acquitted of the head of complicity. This decision was a door open for an easing of the situation. Alas, the public Prosecutor was quick to close the door in appeal. I can only assume, not having expected the decision on the confirmation of guardianship, judicial status has influenced, implicitly at least, in the decision rendered. It is still the case, once again, that the person concerned, first and foremost, to Timothy, has not been heard.
Thus, Mr. President, France, through this particular case, particularly painful, is illustrated once again by a decision of segregation and discrimination, that is the reverse of what number of countries, taking the hurt arm to the body, have decided, in the past decades, to eradicate. If it is I who turn to you, and your government, it is because my wife, who had endured long struggles to maintain her son in the school regular, which has since 2015 suffered a persecution sustained to the French court when she was only trying to protect his son, my wife not only is exhausted from these battles, but she has lost all confidence in our country. All legal means to snatch Timothy in the future close to him is promised, we appear to be closed. I am still very uncomfortable having to do this which I do not know what we can expect (the time of the kings miracle-worker is away, isn't it). And yet to do nothing would be unbearable. It is not in my taste of climbing cranes, or on the roofs of institutions of the Republic. Timothy is unfortunately not the only one to suffer this kind of segregation, France must act to stop this without delay. It is human lives that it is. That is also why I want to give maximum publicity to this letter.
I beg you to accept, Mister President, the expression of my respectful greetings.
+ Last published articles :The Phallus and the nothingness at the cinema le Balzac, Paris, 6 nov-The response to Laurent Savard on the follow-up of his son, who has autism Cure autism through the gut ? Response of the father-in-law of Timothy (autistic) to the minister of Justice Declaration of people with autism in support of people with autism and their families
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September 30, 2018 0 h 10 min
Alerted the media ! It is a good way to pressure !
October 2, 2018 20 h 14 min
contrary to many treaties signed by France... a person may not be institutionalised under the single pretext of his disability. Does it mount on a crane ?
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Publish Date : 06 Kasım 2018 Salı 14:41
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