En matters of combating gender-based and sexual violence (SGBV), political leaders often rely on magistrates. Watchword : “We must let justice do its work. » The lawyer that I am cannot say otherwise. However, this principle also allows the executive and legislative powers to charge the courts with resolving, downstream, the consequences of crimes or offenses which they should collectively try to prevent from occurring upstream.
Many of us think that public policies are necessary in this area. However, they also need to be fair. What would a democracy be like that confined the ideal of justice to the judicial sphere alone?
And on the subject of VSS, many questions arise. What prevention policy should you adopt? Which ministries should be responsible for this? Is there a need for a legal definition of consent in sexual matters? Can minors file a complaint? Can we differentiate the limitation period for public action from that granted to the victim?
The adoption of laws obviously falls under the parliamentary process established by the Constitution, but, to ensure their effectiveness, should not a desire for justice also permeate their development? In this sense, the decisions which drive, finance or bury public policies deserve to be the subject of a debate, nourished by a better knowledge of the reality of these offenses.
Considerable work
When, in 2021, the Independent Commission on Incest and Sexual Violence Against Children (Ciivise) was set up, I wondered if the government decided – finally – not only to adopt a public policy on fight against sexual violence against minors, but also to introduce participatory democracy.
By appointing two co-presidents who chose experts to debate, the politicians suggested yes. The State created an ad hoc institution and initiated a procedure of constructive and democratic exchanges. By involving experts and citizens in the construction of its public policies, the State offered to support its work. By setting up the Ciivise, the government gave full meaning to the phrase “let justice do its work”. He organized the possibility of justice at work in public policies, including outside the courts, to reach as many people as possible and truly change society.
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