Domestic violence : an exception to the medical secret that is finally adopted - The Point

The Parliament made a step further to " protect the victims of domestic violence ". Tuesday, 21 July, it was finally adopted, by a final vote by the Senate, a

Domestic violence : an exception to the medical secret that is finally adopted - The Point

The Parliament made a step further to " protect the victims of domestic violence ". Tuesday, 21 July, it was finally adopted, by a final vote by the Senate, a bill designed to better " protect the victims of domestic violence ". This text, which introduces an exception to medical confidentiality in cases of " immediate danger ", is the second part of the legislative in a few months an arsenal that wants to be offensive against violence within families. As to the national Assembly last week, it has been unanimously adopted by the upper house.

Criticized in recent days for statements of position of the past, Éric Dupond-Moretti said, " his determination to lead a merciless fight against the scourge of violence within the couple ". "Far away from polemics [...], the man that I am and the minister I have just become are proud to provide a full support to a bill that I hold particularly at heart ", he assured. "I will continue the work undertaken by my department in the framework of the Grenelle of domestic violence, and I will open if necessary to new projects, has again promised the minister of Justice.

A "loss of self-esteem and autonomy of the woman"

The proposed law authorizes the physician or other health professional to deviate from the professional secret when he "considers in conscience" that the violence put the victim's life "in immediate danger" and that there is a situation of ascendancy. The drafting has been clarified by the senators on this disputed provision which is key to a pillar of the relationship between the physician and the patient. In a column published Tuesday by The World, the president of the national Council of the ordre des sages-femmes, Anne-Marie Curat, regrets that this measure, finding that it " contributes to the loss of self-esteem and autonomy of the woman, while this is the goal of the violent man ".

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" In 2019, what are 149 women who have lost their lives and so many families broken forever. We can not remain inert in the face of these human tragedies, " stressed in front of the deputies, the new minister responsible for Equality between women and men Elizabeth Moreno, containing figures of associations. Since the beginning of 2020, at least 39 women were killed by their spouse or ex-spouse, according to a count conducted by the Agency France-Presse, including two murders last week.

Better fight against the "cyberviolences marriage"

The text renders as the penalties in case of harassment within the couple, bringing them to 10 years imprisonment if the harassment has led the victim to commit suicide or to attempt suicide. It suppresses the geolocation of a person without that person's consent, and creates an aggravating circumstance in case of violation of the secrecy of correspondence by a spouse or ex-spouse, in order to better fight the " cyberviolences marriage ".

in Order to protect children, the proposed law opens the possibility to suspend the parental authority in a judicial review. It also strengthens the protection of minors concerning the exposure to pornography. At the initiative of its rapporteur Mary Mercier (LR), the Senate has imposed an age control to the publishers of porn sites, entrusting to the superior audiovisual Council (CSA), a new regulatory power.

Read also controlled Access to porn sites : a violation of the privacy for the French

The importance of "preventing the recurrence"

the first in A series of measures against violence within the family had already been adopted by the end of 2019, in a bill of the mp LR Aurélien Pradié, the generalization of which the strap strut tower against spouses and ex-spouses, violent.

"It has not finished with the texts on violence against women," said Laurence Rossignol (PS), to which the text adopted on Tuesday " is not going to the end ". "The fight against domestic violence can only happen only through an enforcement action, it also requires to conduct its work of education, work social support and psychological victims, but also perpetrators, to prevent recidivism ", emphasised, for his part, Marie Mercier.

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Updated Date: 21 July 2020, 12:33

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