Fight against separatism: what the bill contains

Crime repressing hatred online, strengthened control of associations, better transparency of cults, national identifier for each child of school age… Here are the main measures of the law on separatism, renamed the bill “consolidating republican principles “.

  • Fight hate online

A “new offense of endangering the life of others by disseminating information relating to the private, family or professional life of a person making it possible to identify or locate him” is created. This provision was added after the beheading in the middle of the street of Professor Samuel Paty in October.

  • Consecrated public service neutrality

The public service is the “armed wing of the impartiality of the state”, says the bill. To “better protect the agents in charge of the public service”, threats, violence or intimidation aimed at them will be punished.

The bill also inscribes the principle of (religious) neutrality of private law agents charged with a public service mission (SNCF, Aéroports de Paris, for example). Until now, only case law has referred to this matter.

A “republican deficiency” procedure is created, allowing the prefect to suspend the decisions or actions of any community that seriously disregards the neutrality of the public service, under the control of the administrative judge.

  • File for “provocation and apology for terrorist acts”

The scope of the file of perpetrators of terrorist offenses (FIJAIT) has been modified to include “offenses relating to provocation and condoning terrorist acts”. Their authors will be prohibited “to exercise functions in contact with the public”.

  • Better supervision of associations

All grant requests are now subject to a “commitment by the association to respect the principles and values ​​of the Republic”. “The violation of this Republican contract of engagement results in the restitution of the subsidy”.

The grounds for dissolving an association in the Council of Ministers are broadened. It will also be possible to “charge an association […] acts committed by its members and directly linked to the activities of this association ”.

It is a question of “guaranteeing the transparency of the conditions of the exercise of the worship”. While Muslim places of worship are, for historical reasons, mostly under the association regime provided for by the 1901 law, the bill encourages them to register under the 1905 regime, which is more transparent from an accounting standpoint. and financial. In return, they will be able to have access to tax deductions or to draw income from buildings acquired free of charge.

Foreign donations exceeding 10,000 euros will be subject to a declaration of resources. In addition, “the certification of the annual accounts by an auditor is provided for when the association benefits from advantages or resources from abroad”.

An “anti-coup” provision is planned to prevent any takeover of a mosque by extremists. Another article provides that a “ban on appearing in places of worship may be pronounced by the judge […] in the event of conviction for incitement to acts of terrorism or incitement to discrimination, hatred or violence ”. Another provision: the right of opposition of the Tracfin service will be broadened, to counter “unwanted flows”, according to Minister Gerald Darmanin.

  • Education at school

The bill puts an end to home schooling for all children from 3 years old, except “for very limited reasons relating to the situation of the child or that of his family”. It strengthens the supervision of schools outside the contract, in particular by introducing “an administrative closure regime” in the event of “abuses”.

In addition, it plans to assign “to each child of school age a national identifier allowing the academic authorities to ensure that no child is deprived of his right to education”.

Sports federations recognized by the State are moving from a “supervisory regime” to a “control regime”. For approved federations, “respect for the principles and values ​​of the Republic” will be included in the approval.

  • Virginity certificates and forced marriages in the sights

One article intends to “prohibit all health professionals from drawing up certificates attesting to a person’s virginity”. The text also strengthens its arsenal on polygamy – prohibited in France – by generalizing the prohibition on issuing any residence permit to foreigners living in France in a state of polygamy.

To combat forced marriages, the registrar has an obligation to “speak separately with future spouses when there is doubt about the free nature of consent” and to “refer the matter to the public prosecutor. purposes of possible opposition to marriage if he retains his doubts ”.

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