Press release CAP Freedom of Conscience // At the 82nd session of the United Nations Committee against Torture, France received special attention from international experts. One of the highlights of the session was the presentation of a report on institutional violence and violations of children’s rights, submitted by Sarah Thierrée in collaboration with the organization CAP Liberté de Conscience.
In this context, Sarah Thierrée took part in the interactive dialogue on April 15 with the Committee’s expert members, making a significant contribution to focusing exchanges on the problems encountered by victims and bringing to international attention the need for concrete recommendations for better child protection. She described how the Hague Convention can be used against protective parents trying to protect their children in the face of failed justice. In the end, mothers often find themselves imprisoned and their children sent to live with their designated aggressors or placed with child welfare.
Based on a rigorous analysis of the French situation, Sarah Thierrée’s report highlights the persistence of institutional violence against children, particularly in the context of child protection procedures and the handling of allegations of incestuous sexual abuse.
The document highlights structural flaws in the French system, such as the inadequate support and assistance provided to victims, the lack of specific training for the professionals involved, and the frequent failings in the gathering of testimony from under-age victims. It also draws attention to the persistent difficulty of having children recognized as victims, the tendency to give credit to alleged perpetrators in a family context, and the risk for protective mothers of being unjustly prosecuted and convicted, to the detriment of children’s safety and well-being. The report also stresses the need to increase the rate of reporting, investigation and prosecution of incest, which is still far too low, and recommends changes to legislation to strengthen procedural protection for victims and facilitate their access to reparation.
France was received by the Committee in a spirit of dialogue. The Committee against Torture formulated general observations recognizing certain efforts made, notably with regard to the recent legislation adopted to protect minors against sexual crimes and offenses, as well as the creation of an independent Commission on incest and sexual violence against children. However, the Committee also highlighted a number of areas for vigilance, considering that, despite these legislative and institutional advances, a number of worrying situations persist and require resolute action on the part of the French authorities. The experts welcomed France’s commitment to the periodic review, but called for further reforms, stressing the importance of effective measures to detect, care for and support victims of sexual violence, particularly those involving incest.
Recommendations 32 and 33 are central to the Committee’s conclusions, in that they deal specifically with sexual violence against children and the fate of both victims and their protectors.
These recommendations, which are a direct follow-up to the report submitted by Sarah Thierrée, underline the challenges of judicial and social care, with particular emphasis on the problem of maintaining parental custody in favor of an alleged abuser, to the detriment of the child’s best interests. Concerns were also raised about the recurrence of accusations of parental alienation as a means of discrediting the word of protective mothers and, more broadly, the lack of effectiveness of existing arrangements to guarantee safety and reparation for victims.
In their entirety, the Committee’s recommendations 32 and 33 are as follows:
“Recommendation 32.
While noting the adoption of Law no. 2021-478 of April 21, 2021 aimed at protecting minors from sexual crimes and offenses and incest, and the creation and work of the Independent Commission on Incest and Sexual Violence against Children, the Committee is concerned by reports that children who are victims of incestuous sexual abuse are often placed in the custody of their father, the alleged perpetrator of such abuse, while their “protective” mother is likely to be accused of parental alienation and thus prosecuted and convicted for child abduction. It also notes with concern reports of a low rate of reporting, investigation, prosecution and conviction of the perpetrators of such incestuous sexual violence, due in particular to the excessively short limitation periods applicable, as well as the inadequacy of protection and assistance measures granted to victims (art. 2, 11 to 14 and 16).
Recommendation 33.
The State party should:
a) Guarantee that all allegations of incestuous sexual abuse of children are promptly, impartially and thoroughly investigated and that alleged perpetrators are duly prosecuted and sentenced to penalties commensurate with the gravity of their crimes, if found guilty, by abolishing the statute of limitations applicable to sexual abuse of children ;
b) Ensure that “protective” mothers are not revictimized or subjected to unjustified sanctions, and that child victims of incestuous sexual abuse have access to appropriate remedies and support measures, and are adequately compensated;
c) Strengthen training and awareness-raising for justice, police and social service professionals in the detection, care and support of incest victims and their families.
These two recommendations are in line with the main warnings contained in the report submitted by Sarah Thierrée, who stressed the need for in-depth reform to ensure that incest situations are better taken into account, that victims are effectively protected and that protective mothers are not secondarily victimized. The report highlighted the low conviction rate, despite the fact that the reality of violence is now better known, and the need to create a climate in which the voices of children and mothers are treated seriously, competently and impartially.
The Committee’s reminder of the importance of abolishing the statute of limitations on sexual abuse of minors, in order to guarantee victims the possibility of having their case dealt with regardless of how much time has elapsed, is one of the key measures to be implemented as soon as possible. France is thus invited to draw inspiration from international best practice to ensure that justice is fully restored for children. Appropriate training and awareness-raising for the professionals involved are also highlighted as essential conditions for guaranteeing respect for victims’ rights and avoiding their revictimization as the legal or social process unfolds.
All the Committee’s recommendations point to the need to systematically guarantee effective access to assistance and compensation for minors who are victims of incest, while ensuring that no unjustified administrative or judicial measures are taken against protective parents. This major change represents the starting point for a much-needed transformation of France’s child protection policy.
With this in mind, it is vital for the State party to take account of the Committee’s recommendations, both to address the shortcomings identified in the report submitted by Sarah Thierrée, and to ensure that French public action complies with international commitments to protect against torture and other inhuman or degrading treatment.
France is thus invited to make the fight against sexual violence against children one of its top priorities for reform, to guarantee the effectiveness of the measures called for by international bodies, and to implement the expected reforms in the fields of justice, policing and social support, so that every child can see his or her rights respected and protected.
Sources :
Final communiqué of the Committee Against Torture (CAT)
CAT’s conclusions on France
Report submitted by Sarah Thierrée and CAP LC
