“Despite credible allegations of sexual abuse and incestuous violence against children by their fathers, France has shown little regard for precautionary principles and the best interests of the child. »
After a first warning dating back to last July which remained a dead letter, the UN continues its incessant criticism of the judicial treatment of incest cases in France.
In a press release dated Friday 19 January, five independent experts commissioned by the United Nations (UN) Human Rights Council – two special rapporteurs and five experts from the Working Group on Discrimination with Respect to Women and Girls – once again called on the French authorities to do so “address the discriminatory treatment and violence suffered by mothers who seek to protect their children from sexual predation”.
A call to apply the “precautionary principle”
The experts are referring here to the legal harassment that falls on protective mothers and to whom to miss conducted a two-part investigation in November. As soon as they report their son, who reveals acts of paternal incest after a separation, mothers pay the price of a reversal of blame and are, in some cases, deprived of their child(ren). Welfare (ASE), or even to the alleged aggressor parent.
To draw their conclusions, the independent experts rely on three cases of mothers prosecuted for trying to protect their child by practicing non-representation of children. Among these three mothers, Priscilla Majani, sentenced on appeal to two years and nine months in prison (now free after serving her sentence) and Sophie Abida, who is being investigated by the to miss she has been partially consecrated and no longer has contact with her children.
The experts “found the children to be allegedly sexually abused or at high risk of sexual abuse by their fathers or alleged perpetrators against whom there is credible and disturbing evidence of incestuous sexual abuse”.
But, “Despite these allegations, and in the absence of an adequate investigation, these children are placed in the custody of the fathers against whom the allegations are made, and the mothers are sanctioned for child abduction for attempting to protect their children.”the experts report.
To better protect children and their protective parents, they ask the authorities to respect “the precautionary principle” and the “principle of due diligence” regarding the protection of minors, in particular during judicial proceedings.
“The child’s opinion must be sought and respected, and the best interests of the child must be the primary consideration before custody decisions are made in favor of either parent.” [… ] Urgent measures must be taken to remedy the distressing situation in which children and their mothers are affected by the lack of adequate consideration of their needs.”the experts insisted.
Presided until December 2023 by judge Édouard Durand and the director of the association Nathalie Mathieu, the Independent Commission on Incest and Sexual Violence Against Children (CIIVISE) had made 82 recommendations in this direction, before the government decided on a change of route and presidency.
Read also: #MeTooInceste: How “parental alienation syndrome” overwhelms mothers who protect their children
France “takes note” but does not take any decisions
If child protection associations welcomed the alarm raised by the UN experts, the Ministry of Foreign Affairs also reacted by stating that “France has taken note” of this call.
“The President of the Republic wanted the creation of the independent Commission on incest and sexual violence against children in 2021. The new plan to combat violence against children 2023-2027 reflects the commitment of the French government », added the Quai d’Orsay. However, as the new president of CIIVISE Sébastien Boueilh himself regretted, the first working meeting of the renewed body was postponed breast die.
“In terms of separation of powers and judicial independence, the government cannot challenge the authority of res judicata by independent magistrates”added the Quai d’Orsay, which therefore does not want to comment on the three cases referred to by the experts.
Discover BookClub, Madmoizelle’s show that questions society through books, in the company of those who make them.
Source: Madmoizelle
Mary Crossley is an author at “The Fashion Vibes”. She is a seasoned journalist who is dedicated to delivering the latest news to her readers. With a keen sense of what’s important, Mary covers a wide range of topics, from politics to lifestyle and everything in between.
