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19.11.09 - World childhood victims of injustice


19.11.09 - World childhood victims of injustice


The occasion of the 20th anniversary of the Convention International on the rights of the child, Le Monde publishes two views of academics for children in France in an article titledChildhood victims of injustice.


One establishes an institutional assessment of the French model of child protection reformed by law n ° 2007-293, erected the Chief Department of the child protection file; another deals with transfer of 1600 children meeting, pupils of la DDASS DDASS towards the metropolis.




What future for juvenile justice?


by Yann Favier


The French welfare model is gasping for air: it is urgent, time where it celebrates the 20th anniversary of the Convention of the rights of the child, to renovate the juvenile justice in France built around the tryptic justice, social services (General Council) and legal youth protection (State).


The Court of Auditors was released in October 2009 a report pointing to serious inconsistencies: lack of oversight and collegiality in decision making criteria for interventions blurs ("concern information"), Judicature disconnected territories,Organization of child welfare services shortly satisfaisante…


How many children are affected? Impossible to say with accuracy. Because it's not only about the plight of 383 000 (2008) taken minors supported annually by justice as a child in danger or offender childhood, but also of child victims of conflict parental separation, neglect or abandonment.


Of course, there is a specialized tribunal de grande instance loaded as judge of civil protections for minors in danger or at risk of being (educational support) as juveniles, and presiding over the Court for child. But the juvenile judge, pillar of the judicial protection of minors over fifty years ago, is no longer able to properly fulfil its mission today, even though it has benefited from a significant increase in the number of positions in recent years. Inflation of the criminal treatment of juvenile delinquency, solitary exercise of the function, increasing difficulties to enforce measures, complex articulation of his skills with those of other judges responsible for the interests of the minor and especially with the Family Affairs judge.


Adopted child welfare reform in 2007 was yet Act limits judicial action reaffirming the centrality of the Department, especially in gathering information and developing departmental childhood protection observatories. It will probably not expected results. As it was suspected, then using solid rest, Governing Board, supposed to judge to be the leader in the protection of children's in big trouble. Facing a right becoming increasingly complex, the administration of social assistance to children of general advice is fragmented into as many policies and operating procedures that departments in France. Constrained by constant increase budgetary expenditures (EUR 5.75 billion in 2008, i.e. more than spending on the elderly) and that it does not - control the judge decides, Department finance-, she struggles to otherwise meet the plight of children in danger than by considerations of "flows and stocks". Socioeducative professionals themselves seem disoriented in a situation which exceeds.


Several avenues could be explored. The first would be to specialize the judges by creating a "family and childhood pole" image of Poles from the statement in criminal matters or, better yet, minors, jurisdiction of specialized judges and a real minors, parquet brought proceedings of educational assistance, parental authority and guardianship, or even adoption (with the exception of international adoption) and, in its criminal formation of juvenile delinquency and is also distributed on the national territory. The second might consist of coordinate nor departmental and regional interventions focusing means currently dispersed by combining the departments and regions, which would be responsible for piloting actions, associative sector, family associations (UDAF) departmental unions and funds to family allowances, family mediation services, structures of counseling, parenting support networks. A construction complex? Perhaps, but has still nothing impossible: defence and protection of children deserve in any case probably better than declarations of good intentions…


Yann FavierYann favierlecturer in private law at the Faculty of law and economics of Chambéry, researcher at the Centre de recherche en droit privé (EA 3881, Brest, Bretagne European University)

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