Child abuse was once again at the heart of parliamentary debates over the past forty-eight hours. After the deputies Monday evening, the senators in turn definitively adopted, Tuesday March 12, the bill (PPL) from the socialist deputy Isabelle Santiago (Val-de-Marne) aimed at “better protect and support child victims and co-victims of domestic violence”.
In both hemicycles, the text, focused on the specific question of parental authority, was voted on unanimously after the meeting of a joint committee. “There was real, transpartisan consultation work which enabled the adoption of this PPL”rejoices MP Santiago, saying she is attentive to what this “important progress for the protection of children” accompanies “a global policy around taking into account the voice of the child”.
A “paradigm shift”
The text, tabled in December 2022, is divided into two articles. The first stipulates that in the event of legal proceedings or indictment of a parent for incestuous sexual assault or crime against the other parent or their child, parental authority and visitation and accommodation rights be automatically suspended until the final decision of the court. The accused parent may, however, contact a family affairs judge for a ruling before the end of the criminal investigation – which can take years.
The second article provides for the total withdrawal of parental authority in the event of conviction for the same facts, unless there is a reasoned decision by the judge. It is inspired by the first recommendations of the Independent Commission on Incest and Sexual Violence Against Children (Ciivise) and establishes a “paradigm shift”underlines Mme Santiago. The government, which supported the bill, was proud, through its Minister of Justice, Eric Dupond-Moretti, that French legislation thus became “the most complete and protective in Europe”.
But child protection associations are much more measured about the effects of the text. They recall the Ciivise figures: 73% of complaints for sexual violence against children are dismissed and therefore do not result in any prosecution, and only 3% of complaints for rape of minors under 15 result in a conviction. If the provisions of the PPL Santiago go ” in the right direction “her “scope will be quite limited”underlines in particular Pascal Cussigh, spokesperson for the Collective for Children, which brings together several associations.
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