Question 12129 — victim assistance

Summary

Mr. Yannick Monnet draws the attention of the Minister of Health, Families, Autonomy and People with Disabilities to the absence of publication of the implementing decree provided for in article 89 of law no. 2023-1250 of December 26, 2023 on the financing of social security for 2024. This article aims to facilitate the identification and contact with asbestos victims eligible for compensation, by authorizing the Fund compensation of asbestos victims (FIVA) to obtain strictly necessary data from public services and social security organizations, within a secure legal framework, subject to respect for professional secrecy and the opinion of the CNIL. More than two years after the promulgation of this law, despite repeated warnings from the FNATH (Association of Life Accidents), a member of the FIVA council, and despite the assurances given to the associations of victims during the last FIVA board of directors, the decree necessary for the application of this measure has still not been published. According to the information communicated by these associations, it even appears that the obligatory opinion of the CNIL would not have been requested, whereas the FIVA teams carried out the expected preparatory work. This delay, which no longer finds any serious justification, directly affects violation of the rights of thousands of asbestos victims and their beneficiaries, many of whom die before being able to be identified and compensated. Such administrative blockage contravenes the objective set by the legislator of guaranteeing effective access to rights and combating non-recourse. He therefore asks why the CNIL's opinion was not initiated and the implementing decree was not published; and in which precise deadline the Government undertakes to issue this decree and how many victims and beneficiaries have been deprived, due to this delay, of identification and compensation to which they were potentially entitled.

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