A collective of professionals denounces the mistreatment of the justice system

TRIBUNE : We, Collective of professionals, alongside the association L’ENFANCE AU COEUR, we are worried and concerned about the practices of the judicial institution with regard to children and families.

We, a collective of signatories, are attached to the principle of European law allowing a fair trial in all cases brought before the judicial institution concerning children’s rights.

We are worried about the decline in individual freedom fundamental that is the right to family life, both for the child and for the parents.

We are convinced of the essential character for the psycho-emotional development of a child, that he grows and flourishes in a secure family environment and that his parents are not disqualified.

This is why we denounce the omnipotence of the increasingly characterized children’s judge, faced with the resurgence of legal measures to withdraw children from their families, when no mistreatment or parental failure has been identified.

We are worried about the constant increase in child removal measures accompanied by a drastic confiscation of parents’ visiting and accommodation rights, often reduced to a right of access before a third party, comparable in its rigidity to the “visiting rooms” of detainees. This only increases the emotional isolation and the loss of reference points of the children.

We do not accept that grounds used in divorce cases such as marital conflict, the conflict of loyalty or the fusional character of the relationship with one or both parents are considered by the judges as a “danger” for the child to justify a placement outside his family. We also refuse that an unscientific concept such as “parental alienation” is used to justify the removal of a child from its family.

We denounce reports from social services written by staff who do not have the adequate skills or the training to issue recommendations leading to judicial placements with serious and often irremediable consequences on the lives of the families involved.

Indeed, a number of child placement decisions are based on non-contradictory social relationships, the professionalism and exhaustiveness of which are unreliable.

We note the failure to take into account private medical reports, including from renowned specialists, in favor of social reports mandated by the judicial authority, which rule on medical questions without the necessary competence (particularly in matters autism or specific diseases) with extremely serious consequences of all kinds.

We denounce the absence of real adversarial proceedings in a procedure where the stake is fundamental, the child and his parents find themselves being the weak party in a dispute which affects their fundamental freedoms guaranteed by the Constitution.

Every day we see the family dramas produced by these judicially imposed separations, which destroy the psychology of the child, his emotional development, and disqualify the parental image. In addition, this situation generates educational wandering in homes or host families with the correlative failures on the school career and learning (40% of homeless people have gone through social assistance homes for children). .

We are warning and denouncing the “subcontracting” of placement measures by Social Assistance for Children to private organizations remunerated according to the number of children placed, which inevitably leads to a logic of efficiency. We also denounce the financial opacity of all structures for fostering children in care, in particular Social Assistance for Children, the opacity of which has been declared by the Court of Auditors.

We are asking for the creation of a commission of inquiry on hostels and foster families, certain serious dysfunctions of which (mistreatment in ASE hostels) have been in the news many times. We consider that abusive placement in an institution constitutes institutional violence with incalculable consequences, both individual and collective. We are well aware that a child in an abusive position takes the place of a truly abused child.

We therefore ask that the placement of a child can only take place if the parental failure has a criminal qualification that could lead to prosecution and conversely that the presumption of innocence of the parents be respected, since de facto a measure of external placement is deprivation of liberty for the child and confiscation of their rights for his parents.

We ask that the opinion and the word of the child be really taken into consideration, respected and collected according to proven and professional methods and that the child is not considered as “alienated” when he expresses his love and her wish to stay with her parents.

Thus justice will be able to guarantee both the rights of children and their families and respect for individual freedoms, which is the duty of any democratic society.

We recall the absolute right of a child to live with his family (article 9 of the CRC International Convention on the Rights of the Child) and the European jurisprudence according to which a placement should be ordered only for compelling reasons and s. ‘there is a proportion between this measure and the desired goal (judgment Court of Justice of the European Union in its Neulinger and Shuruk v. Switzerland judgment of 6-10-2010.). Except in an extreme case in which the physical or psychological integrity of a child would be objectively endangered, his best interest is to live with his parents as provided for in article 8 of the CRC.

This is what the Council of Europe recalls in its 2015 report entitled “Social services in Europe: legislation and practices for removing children from their families in Council of Europe member states. »Then in that of 2018 which underlines« Member States should put in place a system to guarantee the well-being of children when they have been taken from their parents, and put an end to abusive practices. “

Abusive placement is both an institutional violence and a failure to take care of children who have a real need, verified and evaluated.

Consequently, we ask for the creation of a commission in charge of establishing an inventory of the dysfunctions, deficiencies, failures as well as the practices of the judicial institution and of the Social Assistance to Children.

SIGNATORIES:

Maître Christine CERRADA, Lawyer, PARIS, Council for CHILD IN THE HEART Maitre Lev FOSTER, Lawyer, PARIS

Maître Cyrille ACHACHE, Lawyer, PARIS

Maître Marius BADESCU, Lawyer, LYON Maître Paul GALLIX, Lawyer, MONTPELLIER Maître Marc GALLIX, Lawyer, MONTPELLIER

Maître Olivier QUESNEAU, Lawyer, AIX EN PROVENCE Maître Martine MOSCOVICI, Lawyer, PARIS

Maître Henry SUN, Lawyer, PARIS,

Maître Pascal CUSSIGH, Lawyer, PARIS

Maître Laurent HINCKER, Lawyer, STRASBOURG Maître Fabian HINCKER, Lawyer, PARIS

Maître Cindy GAYANT, Lawyer, PARIS

Maître Kiymet KAYA, Lawyer, PARIS

Maître Coline BARALE, Lawyer, STRASBOURG Maître Jennifer THELLYERE, Lawyer, STRASBOURG Maître Catherine L’HOMME, Lawyer, PARIS

Maître Audrey TOUTAIN, Lawyer, AIX EN PROVENCE Maître Cecilia COELHO, Lawyer, SEINE-SAINT-DENIS Maître Claude PUGNOTTI, Lawyer PARIS

Maître Michel LEVY, Lawyer PARIS Maître Nathalie KALESKI, Lawyer PARIS Maître Carole HELMER, Lawyer PARIS

Maître Delphine CAZENAVE, Lawyer PARIS Maître Florence ACHACHE, Lawyer, PARIS

Maître Christophe VOCAT, lawyer, SAINT-NAZAIRE Maître Dominique KOUNKOU, lawyer, PARIS Maître Jean-Baptiste MOQUET, lawyer, PARIS

Pr Claude HAMONET, Doctor, former gold medal intern at Paris hospitals, European specialist in physical medicine and rehabilitation (MPR), ex emeritus professor (Université Paris-Est-Créteil), ex head of department of MPR of CHU Henri Mondor-Albert Che- nevier, doctor in charge at the Hotel-Dieu in Paris then at the ELLA health center in Paris, Doctor in Social Anthropology (University Paris 5), Former director of UFR / faculty (Communication and integration into society) at the University of Paris-Est-Créteil, Former international expert (Handicap) at the World Health Organization (Geneva, Former expert representing French research (Robotics and disability) at the European Communities, Former expert approved (physical medicine and rehabilitation) by the Court of Cassation, President of the COMED association (Communicate on Ehlers-Danlos)

Dr Gérard LOPEZ, Doctor, Psychiatrist, Honorary President of the Institute of Victimology of Paris, Director of the “Medicine and Society” collection at the Presses Universitaires de France, Vice-president of the National Professional Council of Legal Medicine

Dr Nicole DELÉPINE, Pediatrician, Oncologist, Senior Lecturer at the Paris Hospitals College of Medicine, former Head of the Pediatric Oncology Unit at Raymond Poincaré Garches University Hospital AP / HP, Silver Medal of the ‘Academy of Medicine in 1985 under the Hygiene and Childhood Service.

Dr Catherine BONNET, child psychiatrist, knight in the Order of the Legion of Honor, author of The Broken Child, Incest and Pedophilia (1999), L’Enfance muzzled, a doctor testifies (2007).

Karen SADLIER, Doctor in clinical psychology, Consultant for the Interministerial Mission (Miprof), former director of the children and adolescents department of the Psychotrauma Center of the Institute of Victimology in Paris, General Secretary of the European Stress Society and trauma.

Dr Jean-Philippe LABREZE. General practitioner

Dr Florence NÉMETH doctor Dr Salima LAZAR, psychiatrist

Dr Thierry DESMOULINS, Former attaché of the hospitals of Paris, Infectious diseases

Illel KIESER, Clinical Psychologist for Children, of the Network of Professionals for the Protection of Children and Adolescents

Bernadette PATEYRON, doctor in educational sciences, researcher, normalienne Amandine ROYER-SABATERIE, Clinical psychologist and victimologist

Jean-Luc MARTIN, psychologist, psychoanalyst, doctor in linguistics, expert with the Paris Court of Appeal

Aurélie COLLOMB- PATTON, Clinical psychologist

Valérie PORTHERET, Researcher

Yves MICHALON, Founding President of Editions MICHALON, Publisher of several books on child protection dysfunctions

Laurence BENEUX, Investigative journalist, author of the book “women’s rights, children’s rights, the unbearable indifference”

Jeanne LANDRY, Author of the book “placed children, sacrificed children, that’s enough! “

Sophie ROBERT, screenwriter, director, producer, knight of the Legion of Honor, author and director of the film “le phallus et le nant”

David ARTUR, press boss (Balthazar and soVenus magazines), producer and journalist.

Maryse LANGOT, Social worker, social worker

Lea ROURRE, Educator

Marie-Luce ARNOUX, ex Educator in MECS, Trainer in social work, Mayor of Cham- bost-Longessaigne and Deputy Vice-President for Active Solidarity Community of Communes of Monts du Lyonnais

Victor FORNITO, Responsible for health issues, President of Solidarity, Ecology, Citizenship in the West of Lyonnais

Florence PERRIN, Elected in Thurins, Vice-president of the Community of Communes of the Vallons du Lyonnais, ex-Vice-president of the Rhône Alpes region, ex-Advisor for reserved affairs Minister of city policy

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