Connaitre ses droits

Leave home for a nursing home is not without apprehension. Even when it is the elderly person who makes that decision, because of his age, health or isolation to break it weighs, it is legitimate concern that the rules of common life to which it will having to comply.

Will I receive my child at any time of day? Should I take all my meals in the dining plan? Warn me when I'm away?, Etc.. These questions are normally answered in the rules of the institution, a document whose content has been regulated by law.

A charter for the respect of fundamental freedoms in nursing homes

The home of the elderly is the subject of a series of texts inspired by one rule: respect the fundamental freedoms of the residents. The legal regime that defines the right of persons accommodated in nursing homes is Law No. 2002-2 of 2 January 2002 renewing the social and medico-social January 2, 2002, transcribed in Articles L. 311-3 and 4 of the Code of Social Action and Families.

They have resulted in the publication of a "Charter of Rights and Freedoms granted" (Annex to the Order of September 8, 2003), which must be posted in each accommodation facility for the dependent elderly (retirement homes) , the new name of retirement homes. These are general rights: the right to appropriate care, right to information, the principle of free choice, informed consent and participation of the person, right to respect for family, right to autonomy , the right to pursue civil rights to religious practice, respect for the dignity and privacy.

Residents and their families can build on this base so if they see abuse of the provisions in the rules. "Clauses that would restrict the freedom to come and go or that of receiving the persons of his choice would be zero because they would affect the fundamental freedoms enshrined in the Charter," said Mr Olivier Poinsot, Bar de Montpellier, a specialist in legal in the health sector, social and medico-social.