Defender of rights: last discussion at the Assembly

Defender of rights: last discussion at the Assembly

Wednesday, February 16, 2011, byErwan Manac'h



A bill must install a super médiateur de la République would recover the powers of the dump of the National Commission on ethics of security (NSDC) and advocate for children. Relevant organisations are concerned.

"Defender of rights", as a draft organic law draws, concentrate the prerogatives of four independent bodies: the high authority to fight against discrimination (Halde), the National Commission of ethics of security (NSDC) and advocate for children.

After a year and a half of discussions, between the National Assembly and the Senate, the concerns of the associations are confirmed.

The text converts three independent administrative authorities in "colleges" subordinate to the defender of rights will not be auto-saisir. "Super advocate" omnipotent would load to the large gap between its new prerogatives. It would encompass especially the powers of these three autonomous organizations.

"The idea was interesting à L'origine, Judge Patrick Delouvin, responsible for Amnesty International France, contacted by Politis.fr: enter the role of defender of the rights in the constitution is not a bad thing." But now it seems that will break what exists. "Successive amendments of the text were all in the sense of a strengthening of the powers of the public defender of rights, whereas the role of his assistants and colleges is diminished."

Dissolved, Haldedump sometimes proved critical to the Government, as debate on DNA testing for family reunification candidates.

Also dissolved the CNDSNSDC, which has repeatedly pointed difficult cases of police misconduct or custody conditions.

Finally, dissolved Défenseur des enfantsdefender of children function that e.g. objected to the placement of minors in centres of administrative detention or lowering below 13 years of age of incarceration for kids convicted of crime.

All in favor of a personality appointed by the President of the Republic, to replace the current médiateur de la République.

It is a recovery in hands of these authorities recognized by the French, which over time had dared to positions, gives Politis.fr Marie-George Buffet, MPP (PC) Seine Saint-Denis." Behind an attractive, as we see it's a sort of Tote areas which are not similar ».

Final stage of the debate

Yesterday and Wednesday 16 February, the Assembly is takes back in the debate for the second (and final) reading of the text. Voting must take place on March 1st, until a joint mixed Committee be convened to validate this "organic" Statute which will amend the constitution.

Photo: PATRICK KOVARIK / AFP

Elsewhere on the web:

Reactions of UnicefUnicef who "advocate for children is now seen as a mere collaborator of the public defender of rights, deprived of any independence and any room for manoeuvre.

Amnesty International Franceamnesty International France who believes that "certain provisions cannot always guarantee the independence and impartiality expected a real advocate."

The HaldeHalde, recalled that "EU and UN have already expressed their reservations about the effects of a dilution of the fight against discrimination in rights defender".

The law firm of Socialist study Terra NovaTerra Nova, regrets "grouping within the institution of a large number of independent administrative authorities, most are common to be displeased at the Prince".

Read le projet de loithe Bill.

Read le projet de loi organiquethe draft organic law, which would amend the French Constitution.