Question 25632 — children

Summary

Mr. Gaël Le Bohec draws the attention of the Keeper of the Seals, Minister of Justice, to the insertion, in the code of social action and families and in the code of education, of the prohibition of corporal punishment and humiliating treatment towards minors. Indeed, the law of July 2, 2019 introduced into the civil code the principle according to which “parental authority is exercised without physical or psychological violence”. But according to the 2019 report by the Defender of Rights called “Childhood and violence: the share of public institutions”, certain violence still exists. The Defender of Rights underlines that it emerges from a certain number of situations submitted to his expertise that it is too commonly accepted that light or even serious violence against children can be justified by an educational objective on the part of people having authority over them. (parents, close entourage, education and early childhood professionals). Between the 19th and 20th centuries, parents, educators and childminders were granted the right to correction and discipline. The Court of Cassation currently no longer uses the term “right of correction”, but rather “disciplinary power”. Violence is thus generally accepted when its objective is discipline. school, that is to say ensuring the smooth running of the lesson, responding to a provocative and disrespectful attitude of a student or to insults on the part of a student towards a teacher or an educator. French jurisprudence has, however, clarified that it can only be exercised in a harmless manner and in educational necessity. An example to follow is that of Sweden, which was the first country to ban corporal punishment in 1979. Today, this country highlights, among other beneficial long-term consequences, the reduction in the number of placements of children in homes. Likewise, a recent study cited by the Defender of Rights, combining data from more than 85 countries, showed a correlation between the ban on corporal punishment and the decline in violence among adolescents. Indeed, it is necessary for the child to build himself in a world which is non-violent and benevolent. A child who grows up in a world where violence is accepted, and even shown as an example by so-called “responsible” adults, could see his life as an adult and citizen disrupted. It was therefore time for France to prohibit corporal punishment of children, which it began to do in the law of July 2, 2019, in accordance with the recommendations of the Human Rights Committee. the child and the European Committee of Social Rights. This is of course a great step forward, but it is regrettable that these measures have only been inserted in the civil code, in a part concerning parental authority. As the Defender of Rights has already indicated in his opinion no. 18-28 of November 19, 2018, he considers that the ban on corporal punishment and humiliating treatment against minors must also be inserted in the code of social action and families (in article L. 112-4, which asserts the interests of the child in all decisions concerning him) and in the education code (in article L. 111-2 which establishes for each child the right to educational training). It is important that the legislator establishes the principle, for any professional working with children, of the prohibition of corporal punishment and treatment humiliating. Inclusion in the law must in any case be accompanied by reinforced professional training in listening and non-violent communication. Also, he would like to know if the Government plans to include in the code of social action for families and in the code of education the prohibition of corporal punishment and humiliating treatment against children, to better protect children. children from violence by certain parents, educators and childminders.

Machine translation from French. The official text remains authoritative.

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