Protection of the child abuse and sexual abuse

Protection of the child abuse and sexual abuse


Protection of the child abuse and sexual abuse
Filed 12 2008 parAubert JosianeDate dépôt09.
Filed national Council
State of the délibérationsTransmis to the Federal Council text filed
The Federal Council is responsible for submitting to Parliament an amendment of the civil Code or any other Act that the reporting obligation of child protection authorities is widespread in the whole of the Swiss cantons and contributes, through a unified practiceto fight effectively against child abuse and sexual abuse which are still too many children.

Development
The many testimonies emerged during the campaign on the imprescriptibility of paedophile crimes show suffering that persist into adulthood when silence was the rule. To reduce the number of injured people to life in the next generations, must be done upstream, through early detection and prevention.

One of the means of struggle to put an end to the abuse suffered by a child and it support professionals is early detection by the mandatory reporting. Break the silence, is to avoid that these children bear their burden in their adult lives, without success to build.

The children are in contact with many adults, teachers, monitors sports, health professionals, ecclesiastical, educators, social workers, logopédistes, mediators, etc. To a child in situations of presumption of ill-treatment or sexual abuse, reporting from the child welfare service must prevail. It is not conceivable to leave the child alone to his situation, when you know the damage that such acts result in the long term. Medical secrecy can be treated separately.

Swiss CP implies - article 219 - a reporting obligation. But the cases were actually detected when specific cantonal laws were explicit. The Vaud Protection Minors Act entered into force on 1 January 2005, is explicit (art. 26 and 62). Its effect was immediate, the number of reports - often of old situations - increased: more children have received aid, the preventive effect to other potential victims is also. Professionals have a clear procedure, which simplifies their practice setting responsibilities. But the cantonal laws are disparate; respect of federalism can be practiced at the expense of optimal protection of children.

Response of the Federal Council of the 25.02.2009
The amendment of the Swiss civil Code (protection of adults, law of persons and right of filiation) has been adopted in the final vote on December 19, 2008. The new legislation provides a procedural provision concerning the rights and obligations to notify:

Article 443

Every person has the right to notify the authority for the protection of the adult as a person seems to need help. The provisions on professional secrecy are reserved.

Any person who, in the exercise of its official function, has knowledge of such a case is required to notify the authority. The cantons may provide for other obligations to notify the authority.

This provision applies also to the authorities for the protection of the child (art. 440 para. 3 in relation to s. 314 al. 1 nCC). The phrase "in the exercise of their official function" must be understood in a broad sense. It covers the activity of any person exercising public law skills, even if it is not a civil servant or employee in a public community (FF 2006 6708) function.

The motion requires a duty to notify more extended. The Federal Council includes this application driven by social concerns. He proposed to reject the motion only because it believes necessary to provide for certain exceptions, clearly delimited by the law, while he endorsed the idea of a general duty to notify the authorities for the protection of the child at the federal level.

He previously refused to introduce a "duty to declare to the physicians who care for the victims of violence" (Hutter 07.3598 motion) or even a "duty to announce any act of violence" (motion Allemann 07.3697). Then the reasons should be taken into account in this context: the General obligation to notify that request the author of the motion in the field of child abuse and sexual abuse against children is empty the professional secrecy of its substanceSince it was intended to establish a relationship of trust. It is the security offered by the existence of professional secrecy which often allows that child abuse is discussed. A general obligation to notify including have counterproductive effects in cases where a child could not turn to a trustworthy person or guarantee that there will be not communicated his statements.

For reasons stated, the Federal Council proposes to reject the motion. However, it is ready to accept a warrant for a slightly different content. Based on article 121 paragraph 4 of the Act on the Parliament, he proposes to the Council of States, upon acceptance of the motion by the national Council to amend it as follows: "the Federal Council is responsible for submitting to Parliament an amendment to the civil Code or any other Act that the reporting obligation" "to the authorities for the protection of children is widespread in the whole of the Swiss cantons, some clearly defined exceptions,..."

Statement of the Federal Council of the 25.02.2009
The Federal Council proposes to reject the motion.