On Friday, several independent experts from the United Nations (UN) called on France to “act urgently” to protect children against incest and all forms of sexual abuse. “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, and has authorized the abuse of their mothers », accuse these experts, who are mandated by the UN Human Rights Council but do not speak on behalf of the organization itself.
The experts relied on three cases of mothers prosecuted for having removed the children from their respective fathers, accused of sexual or physical and psychological violence. These cases were detailed in a letter sent by the experts to the French authorities on July 27, 2023. The experts “found that, according to the allegations, children are victims of sexual abuse or are at high risk of sexual abuse from the from their fathers or from 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 trying to protect their children” , they stressed, adding that “the children concerned remain in the custody of the alleged perpetrators. »
The best interests of the child must be the primary consideration
They urged the authorities to respect the “precautionary principle” and the “principle of due diligence” in matters of child protection, particularly during legal proceedings, to enable a preventative approach.
In a press release made public this Friday, two special rapporteurs and the five experts from the Working Group on Discrimination against Women and Girls therefore also ask the French authorities to “tackle the discriminatory treatment and violence suffered by mothers who try to protect their children from sexual predation.
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 one of the parents, experts insist. The latter consider it “essential to raise awareness among those responsible for law enforcement and justice and to strengthen their capacity to monitor and effectively deal with the human rights violations of which these children and their mothers are victims. »