The Defender of Rights (DDD) estimated Wednesday, January 13 that the bill "
reinforcing the republican principles
" involved "
risks of infringement of freedoms
", including those of association and of teaching parents, and could therefore "
Weaken the republican principles themselves
".
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This text, presented to the Council of Ministers after the assassination of Samuel Paty in October, is intended to fight against radical Islam by repressing incitement to hatred and by strengthening the obligations imposed on Muslim worship.
It "
risks reinforcing a general trend (...) to the overall strengthening of the social order
", underlined the Defender, Claire Hédon, in an opinion, regretting that the public action folds "
once again in the facility apparent restriction of freedoms
"to"
achieve an objective of general interest
".
More than a third of the articles in the text "
aim to strengthen the control mechanisms and nearly a quarter define prison sentences
", she notes.
This bill does not mention the fight against "
community entryism (...) essentially of Islamist inspiration
", yet its main objective, but "
targets much broader categories
" - public service personnel, associations, cults ... - regrets Hédon.
Therefore, “
sometimes the project seems to indirectly target a very specific category of the population, which can pose a problem with regard to the principles of equality and non-discrimination, sometimes, for not doing so explicitly, it provides for prohibitions and sanctions. of application so vast that they are out of proportion to the difficulty he would like to deal with
”.
Submitting any request for a subsidy to the signing of a contract respecting the principles and values of the Republic, as the text wishes, puts “
associations in a position where they are no longer simply asked not to commit an offense. , but also to engage positively and explicitly (...) on the principles which are those of the public power,
”she explains.
The DDD also pinpoints the article penalizing certificates of virginity, a controversial and uncommon practice sometimes requested before a religious marriage.
"
This penalization would risk stigmatizing
" the doctors and caregivers anxious to protect patients from the pressure of their family environment, and "
would deprive them of the possibility of initiating a discussion of information and education
", notes the Defender of Rights. .
Finally, Hédon denounces the end of home schooling for all children from 3 years old, with exceptions, judging that the impact study does not support “
the risk of proselytism within family education
”.
The parents' freedom to teach, whose "
constitutional value has been recognized
", "
is greatly diminished
", she insists.
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