FRANCE: Children's Ombudsperson at risk of being closed down

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Summary: As the world celebrates the 20th anniversary of the UNCRC, the French government decides to close down the Children's Ombudsperson.

[PARIS, 15 September 2009] - As the 20th anniversary of the United Nations Convention on the Rights of the Child (CRC) approaches, the French government has decided to close down the independent institution that is mandated to safeguard the Convention.

The new bill would effectively close down the institution by merging a number of independent institutions into one general ombudsman.

The current Ombudsperson, Dominique Versini, has denounced the process as arbitrary. She is asking the government for an explanation on how such an important decision could have been made behind closed doors with no consultation.

"This is a step backwards for the defence of children's rights," said Versini, "this is an institution that is recognised both in France and abroad, as having the mandate to promote and defend children's rights."

The decision would also go against the recommendations made by the UN Committee on the Rights of the Child in June 2009, when the French Government was asked to continue to reinforce the role of the children's ombudsperson by making "further progress in enhancing the role of the Children’s Ombudsperson, in particular with respect to its individual complaint mechanism and provide it with adequate financial and human resources to carry out its mandate effectively" (CRC/C/FRA/CO/4 June 2009).

Versini says the proposal for the new institution will weaken the protection of children's rights. Specifically:

  • The new bill makes no reference to the UN Convention on the Rights of the Child. Her current role mandates her to promote and safeguard all children's fundamental rights, including those enshrined in the UNCRC
  • The new bill would limit her interventions within public institutions, specifically in relation to children who are in circumstances that would be contrary to the best interests of the child under the UNCRC, but not under French law (for example children in administrative detention centres, treatment of immigrant children kept in isolation, access to health care for children from French Overseas Territories, etc.)
  • The Ombudsperson has dealt with individual complaints concerning 20,000 children. It is unlikely that children (or their advocates) would be as willing to approach someone who has no expertise in dealing with children's rights specifically
  • There are 34 Youth Ambassadors working voluntarily for the Ombudsperson across the country to promote children's rights and a network of 55 regional representatives who act for the ombudsperson for children in the different counties. The new Bill makes no provision for their roles.

In three years, Versini has made proposals for law reform on a number of issues including situations of divorce and conflict in the family, propositions to improve public policies such as adolescent health, and recommendations with regards to immigrant children, DNA testing and juvenile justice.

She has also made it a priority to get children's voices heard at the highest levels, most recently through national consultation with children on issues such as violence, disability, discrimination, justice, etc, outcomes of which are being presented to the Government on 20 November.

Next week, the French Ombudsperson will be taking over the presidency of the European Network of Ombudspersons for Children (ENOC) in Paris during their annual meeting. This meeting brings together over 35 children's ombudspersons from across Europe as well as a number of observers and representatives of the Council of Europe and the European Commission.

She is inviting the press, government and parliament to meet the network to find out about different modalities for different institutions from across the region, all of which clearly identify the specificities of the role of  children's ombudspersons.

For more information, contact:
French Ombudsperson/ Defenseure des Enfants
Tel: +33 (0)1 53 63 58 66 /+33 (0)6 32 47 63 93
Web: http://www.defenseuredesenfants.fr

Further information

Owner: Defenseure des Enfants

Country: 
France

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