Law debate begins in Senate

A law aimed at protecting children, expanded after the scandal involving school-related childcare and the death of young Lyhanna, will be debated in the Senate starting October 27. The law was initially meant to address a crisis in child protection services but has grown in scope due to recent events.

Key legal changes rejected

Senators in committee rejected the idea of making sexual crimes against minors imprescriptible, meaning they would not have a statute of limitations. This decision was made by rapporteurs Agnès Canayer and Dominique Vérien, who argued it would disrupt French legal traditions. The measure had been supported by the National Assembly but faced constitutional concerns.

Legal arguments against imprescriptibility

Agnès Canayer explained that the legal system cannot be destabilized by such a change. She highlighted the constitutional distinction between crimes against humanity and other offenses, noting that the latter are considered personal rather than societal. She also pointed out that the current system allows victims' voices to be heard even without statute of limitations.

Penalties revised for clarity

The Senate revised the penalty for serial rapes involving minors. The National Assembly had proposed life imprisonment, but senators found this inconsistent with existing penalties for other serious crimes. Instead, they proposed a thirty-year sentence for serial rapes with aggravating factors, aiming to maintain a coherent scale of punishments.

Preventing evasion of checks

Following the childcare scandal, the law includes measures to prevent individuals under investigation from moving between jobs or evading checks. A new system will track those under scrutiny in education and childcare, with 4,185 prohibitions issued in 2025 alone. This aims to ensure people working with minors are thoroughly vetted.

Creating a sanctions register

An amendment by Senator Agnès Evren creates a centralized register of sanctions for violence against minors. This aims to combat the "nomadism" of individuals who avoid accountability by moving between different sectors. The register is meant to ensure consistent enforcement of penalties.

Simplifying child protection processes

The law aims to reduce the need for judicial involvement in routine child protection matters. It reintroduces a mechanism allowing judges to quickly decide on a child's future if returning home is not possible. This measure was previously proposed by Senator Maryse Carrère and is now included in the updated text.

Removing unnecessary provisions

The Senate removed several provisions deemed unnecessary or inconsistent with the law's purpose. These included the "child project," a detailed document required for each child in care. The committee argued that overly detailed rules could create legal gaps and hinder effective investigations.

Concerns over legislative scope

The committee on social affairs expressed disappointment with the law, calling it a "simple tool text" rather than a major reform. It highlighted ongoing challenges in the child protection sector, including staffing shortages and rising cases of child violence. Over 160,000 minors are victims of sexual violence annually, according to recent data.

Government's stance on revisions

Government officials, including Gérald Darmanin, have indicated they may revise some aspects of the law adopted by the National Assembly. However, there is no major opposition from the executive, except on issues like the security order and the statute of limitations for sexual crimes. The senator warns against passing laws based purely on urgency or public reaction.