UN experts urge France to protect children from incest and all forms of sexual abuse

GENEVA (19 January 2024) – France must urgently act to protect children from sexual abuse in the family and address discriminatory treatment and violence suffered by mothers who try to protect their children from sexual predation, UN experts* said today.

“Despite credible allegations of sexual abuse and incestuous violence against children by their fathers, France has shown little regard for the principles of precaution and the best interests of the child, and allowed the mistreatment of their mothers,” the experts said.

The statement followed a communication based on allegations of human rights violations against children and their mothers who sought to protect them from incestuous sexual abuse.

The experts found that, according to the allegations, the children are victims of sexual abuse or at high risk of sexual abuse at the hands of their fathers or alleged perpetrators against whom there is credible and disturbing evidence of incestuous sexual abuse.

“Despite these allegations, and in the absence of adequate investigation, these children are placed in the custody of fathers against whom the allegations are made, and the mothers are penalised for child abduction for trying to protect their children,” they said.

“While France has responded to these allegations, the children involved remain in the custody of the alleged perpetrators,” the experts said. “We are particularly concerned about the way in which the family court has allowed the alleged perpetrator to accuse the mother of parental alienation in order to undermine the allegations of sexual abuse of the children and divert attention from the alleged abuse to which they are subjecting their partners and children.

They urged authorities to respect the “precautionary principle” and the “due diligence principle” in child protection, particularly during legal proceedings, to allow for a preventive approach in cases of uncertainty and complexity.

The views of the child must be sought and respected, and the child’s best interests must be the primary consideration before custody decisions are made in favour of one parent, they said.

“It is crucial to raise awareness and build the capacity of law enforcement and justice officials to effectively monitor and address human rights abuses affecting these children and their mothers,” they said.

“Urgent steps must be taken to alleviate the distressing situation in which children and their mothers are being negatively affected by the lack of adequate consideration for their needs,” the experts said.

The experts have followed with interest the workings of the Independent Commission on Incest and Sexual Abuse of Children (CIVIISE), whose findings confirm the concerns expressed in their communication to France. They urged France to put in place an effective child-friendly complaint handling system and a well-functioning investigation mechanism to process victims’ complaints of all forms of abuse that would ensure lasting remedial solutions.

“These efforts, including in divorce and custody cases, are essential and should go hand in hand with effective coordination between law enforcement agencies and other service providers, keeping the best interests of the child at the centre of all proceedings or decisions affecting or concerning children,” they said.

The experts called for strengthened support and safe shelters for victims and survivors of abuse and violence, and comprehensive health, counselling and free, accessible and affordable legal services.

They recalled that France, as a party to the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and the Convention on the Elimination of All Forms of Discrimination against Women, must implement its obligations under these international human rights instruments.

“France must effectively investigate the criminal allegation of sexual abuse of the children named in the allegation and others, to ensure accountability and reparation for victims and survivors,” the experts said.

*The experts: Ms. Mama Fatima Singhateh, Special Rapporteur on the sale, sexual exploitation and sexual abuse of children; Ms. Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences; Ms. Dorothy Estrada Tanck (Chair), Ms. Claudia Flores, Ms. Ivana Krstić, Ms. Haina Lu, and Ms. Laura Nyirinkindi, Working Group on discrimination against women and girls.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

UN Human Rights, country page – France