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Defense of the rights of the child
Marie Derain is the Children’s Advocate. She is deputy and vice-president of the college in charge of the defense of the rights of the child, with the Defender of Rights, Jacques Toubon.
Defense of children’s rights: missions
The Defender of Rights and, by his side, the Defender of Children, are responsible for to defend the rights of the child defined by law or by an international commitment of France, such as the International Convention on the Rights of the Child (CRC). Adopted unanimously by the United Nations General Assembly in 1989, this 54-article convention recognizes fundamental rights for all children in the world. France ratified it in August 1990.
The Defender of the Rights of the Child relies on the “defense and promotion” college which he chairs. The Children’s Advocate, Marie Derain, is the vice-president. The college is consulted on “new” questions but also on questions of principle or procedure, as well as on complaints. In particular, the college enabled advances in the best interests of the child, such as the intervention of home security forces, in the presence of the child.
Defense of children’s rights: areas of intervention
Adoption
To adopt a child abroad, it is necessary that the law of the child’s country and French law allow it. Not all countries do it the same way. For international adoption, the approval of the President of the French General Council must be obtained. The Defender of Rights can be contacted, for example, in the event that adopted children cannot leave their country of origin because they do not have exit visas.
Criminal field
The Defender of the Rights of the Child can bring to the attention of a judge his analysis in order to enlighten him to settle a dispute. The Defender must denounce to the public prosecutor any facts constituting a crime or an offense where the rights of the child would be endangered. In this case, he can intervene before the civil, administrative or criminal courts. In addition, the Defender can take up a case thanks to the “ex officio referral” (article 71-1 of the Constitution).
Foreign children
The Defender may have to contact the prefects if minors are placed in an administrative detention center. Recently, the placement of children in detention led France to a conviction by the European Court of Human Rights (reference to the Popov judgment against France, handed down on January 19, 2012). The Defender obtained from the Minister of the Interior that a circular be sent to all prefects, in July 2012, to define the placement measures for minors accompanying their parents in administrative detention.
Child protection
The Defender has the obligation to systematically seize the prosecution to justify the implementation of measures of educational assistants. It contacts the General Council when it becomes aware of information justifying the intervention of social assistance to children.
Health and Disability
The Defender can deal with situations that involve respect for the rights of the child, his safety and his protection. Gaps were noted in terms of child psychiatric care, particularly in the overseas departments.
Education and extracurricular
The Defender recalls that the learning conditions of young apprentices are subject to institutional protections. Likewise, it remains vigilant with regard to the working conditions of young people and attentive to the fight against harassment. The Defender is also competent to rule on the implementation of AVS (School Life Assistant) to support disabled children in school, as well as their registration in specialized establishments.