In a recent call to attention, UN Special Rapporteurs Reem Alsalem and Ai Kihara-Hunt expressed deep concerns regarding the handling of child sexual abuse allegations in France’s custody cases. Reports have surfaced that children who claim sexual abuse by a parent are still compelled to maintain visitation rights with the accused during ongoing criminal investigations, while mothers who attempt to prevent these visitations face legal repercussions or constraints on their parental authority. These issues are rooted in the legal provision known as non-représentation d’enfant, which allows prosecution of a parent who fails to adhere to visitation orders during an investigation (JURIST).
Efforts to address these legal challenges have been noted, with France’s rights ombudsman reporting to a National Assembly inquiry that legislative changes have reduced such prosecutions and allowed for modifications in parental rights. Despite this progress, parents find themselves navigating a landscape fraught with what has been described as “profound legal insecurity.”
An important decision by the European Court of Human Rights in April 2025 criticized France for not adequately protecting three minors who reported rape, suggesting that their vulnerability and capacity to consent were insufficiently considered by the courts. This has prompted legislative reform, including a redefinition of rape and sexual assault centered on consent. These changes came in the wake of significant public discourse triggered by the controversial mass rape trial involving Dominique Pelicot and associates.
However, UN experts continue to highlight the absence of swift protective measures in certain circumstances involving alleged sexual violence. They emphasize the necessity for authorities to prioritize the child’s best interests in all judicial and administrative decisions. Procedural delays in filing complaints and safeguarding measures exacerbate these issues, raising further concerns about the effectiveness of current systems.
The legislative landscape may soon see further transformation. A bill, approved by the National Assembly, is under consideration in the Senate. It proposes granting prosecutors the ability to take action within 72 hours and allows judges to impose provisional protection orders barring an accused parent from contacting the child within a two-week timeframe. This proposed law marks a significant potential shift in providing immediate protective measures during investigations (Le Monde).
The debate surrounding these legislative and procedural inadequacies reflects broader challenges in balancing parental rights with the imperative to protect vulnerable children. As France navigates these complex legal and ethical terrains, the international community observes, urging reforms that align more closely with fundamental human rights and child protection principles.