Charter of Rights and Freedoms of the Person Received New - Falc Version

Source: 📒 Charter of Rights and Freedoms of the Person Received New - Falc Version

 📜🔗LINK

Legal version -https://solidarites.gouv.fr/sites/solidarite/files/2023-01/Charte-des-droits-et-libertes-des-personnes-accueillies-en-etablissements.pdf

Falc version -https://solidarites.gouv.fr/sites/solidarite/files/2026-03/Charte-droits-libertes-personnes-accueillies-en-ESSMS-FALC.pdf

1. Analytical summary

Context and Legal and Ethical Issues

The charter of rights and freedoms of the person receiving care is one of the seven tools arising from the law of 2 January 2002 aimed at developing the rights of users in social and medico-social establishments and services, which represent more than 32,000 structures and over one million places. It specifies twelve essential principles: non-discrimination, appropriate care or support, information, free choice and informed consent, the possibility to waive services, respect for family ties, the right to protection, the right to autonomy, the principle of prevention and support, the exercise of civic rights, religious practice, and respect for dignity and privacy. Applicable to all ESSMS referred to in Article L.312-1 of the CASF, it is annexed to the decree of 8 September 2003 and must be provided with the welcome booklet and brought to the attention of users, their relatives, and professionals. The FALC adaptation published in 2025 presents these same rights in simple language, with concrete examples and pictograms, in order to make them accessible to people with disabilities, vulnerabilities, or low literacy skills.

Operational contributions for teams and users

Operationally, the charter provides an immediate normative framework for designing establishment projects, residency contracts, operational regulations, and individual support arrangements, systematically integrating the participation of the individual, respect for their choices, and the prevention of abuse. Each article provides actionable guidelines: ensuring clear and appropriate information, organising the participation of the individual and their legal representative in the project, facilitating the maintenance of family ties, ensuring confidentiality, security, and appropriate medical follow-up, preserving freedom of movement, management of assets, and the exercise of civil rights. The easy-to-read version translates these principles into concrete and easily usable instructions as support for discussions or workshops with users: explanations of discrimination, examples of choices of living arrangements, options for changing support, methods of contact with family, rights regarding religion and privacy. It thus serves as a tool for health and rights literacy, applicable in reception, initial assessment, project meetings, and user speaking spaces.

2. Key points of the document

1. The principle of non-discrimination covers origin, physical appearance, disability, age, political or religious opinions, and sexual orientation, prohibiting any differential treatment during care or social or medico-social support (art. 1, p. 1-2).

2. Care or support must be individualised, tailored to the needs of the person, continuous, and built with them, taking into account their lifestyle habits, daily assistance needs, medical care, or technical aids (art. 2, p. 1-2; easy-to-read version p. 6-8).

3. The right to clear, understandable and appropriate information includes access to the file, the support project, the establishment's rules, costs, possible assistance and user associations, with psychological, medical or socio-educational support if necessary (art. 3, p. 1-2; FALC p. 8-10).

4. The free choice between services, informed consent and the active participation of the person or their legal representative in the design and implementation of their reception and support project are guaranteed, including the possibility of being assisted in their procedures (art. 4, p. 1-3; FALC p. 10-13).

5. The maintenance of family ties, protection and security (confidentiality, health, food security), autonomy (mobility, management of assets, social life), prevention and support, the exercise of civil rights, religious practice and respect for dignity and privacy structure articles 6 to 12 and must be reflected in the practices of ESSMS (art. 6-12, p. 2-4; FALC p. 15-25).

3. Action points for local actors

1. Systematically integrate the 12 articles of the charter into the welcome booklet, the operating regulations and the residency contracts, specifying for each right the procedures and concrete measures implemented in the establishment (art. 1-12, p. 1-4; FALC p. 2-4).

2. Use the FALC version as a support for individual welcome interviews and project reviews with people with disabilities, reading together the rights (discrimination, choice, information, family, autonomy) and illustrating with examples from their experiences (FALC p. 4-21).

3. Formalise an internal system for the prevention and reporting of rights violations (disrespect for privacy, abusive limitation of visits, restrictions on movement), relying on the charter, the CVS, qualified individuals, and user associations (art. 6-9, 12 p. 2-4; FALC p. 15-25).

4. Train all professionals (care, education, accommodation, administration) in the practical application of informed consent, participation in the project, management of personal information, and religious practices, with situational training and practical cases (art. 3-4, 7, 11 p. 1-4; FALC p. 8-13 and 23-24).

5. Co-construct with users and families complementary tools: simplified sheets, posters, videos, workshops on civil rights and emotional and intimate life, relying on FALC formulations and adapting to the audiences (FALC p. 9-12, 18-25).

4. Additional References

🔍➕ For more information, see the articles referenced by "Pratiques en Santé" on the topic of ESSMS ➡️🔗https://pratiquesensante.odoo.com/medico-social-social-essms

1. Qualineo (2026) – "Law 2002-2: the 7 mandatory tools explained", a practical sheet detailing the role of the charter in the overall system of user rights and its organisational implications for ESSMS.https://www.qualineo.io/post/droits-usagers-7-outils-obligatoires-loi-2002-2

2. Inteligia (2026) – "Charter of Rights and Freedoms of the Person Received", a regulatory and methodological sheet summarising the reference texts and proposing integration pathways in the establishment project, the welcome booklet, the CVS, and the quality approach.https://inteligia.fr/ressources/medico-social/reglementation/charte-droits-libertes/

5. Cross-Analysis — Values of Pratiques en Santé

• Literacy: the document explicitly proposes a structured easy-to-read version with concrete examples, pictograms, and simple definitions of complex concepts (discrimination, autonomy, prevention).

• Empowerment: emphasis is placed on the choice of living environment, participation in the project, the possibility to stop or modify support, and the exercise of civil rights, which strengthens individuals' ability to act.

• Participation: the charter guarantees the direct participation of the individual or their legal representative in the design and implementation of their project, as well as the mobilization of user associations.

• Community health: the collective dimension appears through user associations, the CVS (in related texts), and support for families and loved ones in care and end-of-life situations.

• Ethics: the text addresses the risks of discrimination, violation of privacy, abusive restrictions on movement or visits, and imposes a framework of respect for dignity, confidentiality, and beliefs.

• Human rights: the charter outlines fundamental rights (non-discrimination, safety, participation, freedom of religion, civil rights, respect for privacy) and affirms an approach of equity and inclusion.

• Intersectorality: the text provides for cooperation with the relevant public authorities, the judiciary, and social services to maintain family ties, protection, and support (particularly for minors, young adults, and families in difficulty).

• Partnership: the role of families, legal representatives, loved ones, user associations, and qualified individuals is recognized as complementary to that of institutions in guaranteeing rights.

• Combating discrimination: discrimination is precisely defined and several grounds (origin, disability, appearance, religion, sexual orientation, lifestyle choices) are listed, with the obligation for professionals to treat everyone with respect.

An example: 

Operational support – Life home (adults with disabilities)

Integrate the charter into the user journey

• Welcome: present the easy-to-read version during the admission interview, reading aloud the sections on "discrimination", "choices", "information" and "family", and asking the person what this evokes for them in their daily life.

• Personalised project: revisit each right (autonomy, privacy, family ties, participation) and write down clearly how the team will translate this for the person (chosen outings, schedules, management of pocket money, visiting arrangements, withdrawal spaces).

• Reviews: plan at least once a year a specific time "My rights in the home" with the person (and their representative if needed), using the easy-to-read document as a guiding thread.

Concrete tools to implement

• Posters: display excerpts from the easy-to-read version in living areas on 4 simple axes: "You have the right to choose", "You have the right to be protected", "You have the right to see your family", "You have the right to be respected in your room".

• Internal practical sheets: for the team, create 1 sheet per sensitive right (privacy, money, travel, sanctions, visits) with: what the charter states, what is allowed/forbidden in the home, examples of good practices and limits (for example: exceptional and documented room searches, never "as a habit").

• Collective workshops: organise quarterly workshops "My rights at home" with 4 or 5 residents, using concrete situations (room conflicts, teasing, refusal of care, outings) and confronting them with the corresponding easy-to-read phrases.

Specific points of vigilance for the care home

• Intimacy: clarify the rules for accessing rooms (knock, wait for a response, respect for emotional and sexual relationships within the legal framework) and remind new staff and temporary workers.

• Autonomy and safety: establish a written framework for outings (alone, accompanied, timings, restricted areas) that balances the right to autonomy and the obligation of protection, working on each situation individually with the person.

• Expression of disagreements: provide a very concrete mechanism for residents (accessible suggestion box, designated "listening" person, monthly small group time) to express "what is not right" without immediately resorting to formal complaints.

Training and team culture

• Short training (2 hours): have the team work on scenarios: "We lock the door from the outside", "We limit money to €10 per week for everyone", "We prohibit all visits after 6 PM", and analyse them in light of the charter to distinguish legitimate protection from infringement of rights.

• User rights referent: designate a professional referent responsible for reminding the charter during personalised projects, being a resource for colleagues, and linking with the residents' council and user associations.

• Simple indicators: track a few rights indicators (number of co-signed projects, requests for changes in activity taken into account, conflicts related to visits, restrictions on outings) to objectify progress and tensions.

6. Assessment of the reliability of the resource

• Scientific and legal relevance: the charter has a regulatory status, annexed to a ministerial order issued under a law, integrated into the CASF, which gives it strong normative robustness; it is not based on empirical data but on a framework of rights, regularly recalled and commented on by institutional actors and sector experts. The FALC adaptation was carried out by a specialised provider, reviewed and validated by residents, which enhances its relevance in terms of accessibility and ownership by the concerned audiences.

• Operational relevance: the resource is directly mobilisable in all ESSMS, mandatory in the welcome booklet, and easily translatable into procedures, information materials, collective workshops, and self-assessment grids of practices; the FALC version significantly increases its usability in daily support situations.

7. MCQ — 5 questions

Part 1 — Questions (without answers)

Question 1 (source: art. 1, p. 1-2; FALC p. 4-6):

The charter prohibits discrimination when taking care of a resident. Among the following elements, which constitutes an explicit reason for non-discrimination in the text?

a) The geographical location of the establishment

b) The physical appearance of the person

c) The financial situation of the structure

d) The expected length of stay

Question 2 (source: art. 2-3, p. 1-2; FALC p. 6-10):

The right to clear, understandable and appropriate information includes, in particular:

a) To provide only the internal regulations without explanation

b) To limit access to the file to only doctors

c) To offer support to understand the documents

d) To communicate only by means of posting in the hall

Question 3 (source: art. 4, p. 1-3; FALC p. 10-13):

The principle of free choice and informed consent means that:

a) The establishment decides alone on the terms of support

b) The person's consent is never required

c) The person participates in the design of their reception project

d) The legal representative cannot be involved

Question 4 (source: art. 6-8, p. 2-3; FALC p. 15-19):

Regarding autonomy and family ties, the charter states that:

a) Family visits are systematically prohibited

b) The person can keep personal belongings and move freely within certain limits

c) The family must make all decisions without the person's input

d) Movements outside are always prohibited

Question 5 (source: art. 9-12, p. 3-4; FALC p. 20-25):

Among these proposals, which corresponds to a right guaranteed by the charter?

a) Obligation to adhere to the majority religion of the establishment

b) Definitive renunciation of civil rights during the stay

c) Respect for the dignity and privacy of the person being cared for

d) Prohibition on receiving religious representatives

Part 2 — Commented correction

Question 1: The charter prohibits discrimination in the care of a person being cared for. Among the following elements, which constitutes an explicit reason for non-discrimination in the text?

✅ Correct answer: b) The physical appearance of the person

📝 Explanation: Article 1 explicitly mentions physical appearance as a prohibited ground for discrimination, alongside origin, disability, age, opinions, and sexual orientation. Source: p. 1-2; FALC p. 4-6.

Question 2: The right to clear, understandable, and appropriate information includes, in particular:

✅ Correct answer: c) To offer support to understand the documents

📝 Explanation: Article 3 provides that the person has access to information concerning them, with, if necessary, psychological, medical, therapeutic, or socio-educational support; the FALC version emphasises the need for professional assistance to understand the documents. Source: p. 1-2; FALC p. 8-10.

Question 3: The principle of free choice and informed consent means that:

✅ Correct answer: c) The person participates in the design of their care project

📝 Explanation: Article 4 guarantees free choice among services, the pursuit of informed consent, and the right to participate in the design and implementation of the project, either directly or with the help of a legal representative. Source: p. 1-3; FALC p. 10-13.

Question 4: Regarding autonomy and family ties, the charter provides that:

✅ Correct answer: b) The person can keep personal belongings and move freely within certain limits.

📝 Explanation: Articles 6 and 8 remind us of the maintenance of family ties and the possibility of moving freely and keeping personal belongings, subject to court decisions and protective measures; the easy-to-read version illustrates these rights with examples of visits and movements. Source: p. 2-3; easy-to-read version p. 15-19.

Question 5: Which of these proposals corresponds to a right guaranteed by the charter?

✅ Correct answer: c) Respect for the dignity and privacy of the person receiving care.

📝 Explanation: Article 12 guarantees respect for dignity, integrity, and privacy, specifying that only the necessities of care can justify a limited infringement of these rights; the easy-to-read version details examples such as knocking before entering or prohibiting intrusion into the room. Source: p. 3-4; easy-to-read version p. 24-25.

8. Frequently Asked Questions (FAQ)

1. Who is covered by the charter of rights and freedoms of the person receiving care?

   The charter applies to all individuals supported in social and medico-social establishments and services governed by the law of 2 January 2002 (children, adults, elderly people, people with disabilities, families in difficulty, etc.). Pages: p. 1; easy-to-read version p. 3-4.

2. How to explain the charter to a person with comprehension difficulties or an intellectual disability?

   The easy-to-read version offers simple formulations, examples, and pictograms for each right; a professional can read the document with the person, rephrase, and relate the examples to their daily situation. Pages: easy-to-read version p. 2-10.

3. What should be done if a person feels that their rights (privacy, visits, freedom of choice) are not being respected?

   They can talk to their reference person, the team, the management, the CVS, their legal representative, or a user association; there are appeal mechanisms in place, including the qualified person provided for by the CASF. Pages: p. 2-4; FALC p. 9-10 and 15-20.

4. Can the family participate in the support of the person being cared for?

   Yes, the charter provides for the maintenance and facilitation of family ties, including participation in certain activities and cooperation with other stakeholders to avoid the separation of siblings, respecting the wishes of the person and court decisions. Pages: art. 6 p. 2; FALC p. 15-16.

5. How does the charter address the issue of religion in establishments?

   It guarantees the freedom to practice one's religion, to receive religious representatives, while imposing mutual respect for beliefs and the operational rules of the establishment; the FALC version illustrates this through prayer, religious holidays, and the necessity to respect others. Pages: art. 11 p. 3; FALC p. 23-24.

6. Does the person being cared for retain their civil rights (for example, the right to vote)?

   Yes, Article 10 provides that the institution facilitates the effective exercise of civil rights, for example by helping to understand administrative correspondence or to complete procedures, subject to court decisions (guardianship, curatorship). Pages: art. 10 p. 3; FALC p. 22-23.

7. How to integrate the charter into the daily practices of the establishment?

   It is recommended to attach it to the welcome booklet, display it in the premises, use it as a basis for support projects, address it in team meetings and in the CVS, and use it as a reference for analysing situations of tension or complaints. Pages: entire text; FALC p. 2-4.