A new offense to fight against a scourge that poisons the lives of students and families: the deputies seize Wednesday December 1 of a bill against school bullying, a phenomenon against which the public authorities intend to strengthen their response.
A little more than three weeks after a series of measures announced by Emmanuel Macron, the National Assembly will try to make its contribution to the fight against school bullying through a text co-signed by the three groups of the majority (LREM, Modem and To act).
Read alsoA law to penalize bullying at school
Almost one in ten students would be affected each year by school bullying that can push the victim to end his life, as evidenced by several recent dramas that have moved public opinion, such as the suicide of young Dinah, in the Haut-Rhin, in October.
This phenomenon is old but has been clearly aggravated by the development of new information and communication technologies, often passing under the radar of parents and adults.
While a number of initiatives have been carried out in recent years, including the creation of emergency assistance numbers, Emmanuel Macron announced the creation of an application to help victims of cyberstalking, strengthening control parenting or the multiplication of places where young people can listen.
The bill addresses the issues of prevention, initial or continuing training for adults to prevent and deal with cases of harassment.
We are not in favor of criminalizing minors and increasing repression.
"
Michèle Victory (PS)
But it is the penal aspect of the text that will hold attention with its flagship measure: the creation of a specific offense of school harassment - this was until then punishable under other counts including moral harassment. School bullying will be punishable by three years' imprisonment and a fine of 45,000 euros when it causes total incapacity for work (ITT) less than or equal to eight days, or even if it has not resulted in ITT. The measure is toughened if the ITT exceeds 8 days, and may even reach ten years' imprisonment and a fine of 150,000 euros when the facts have led the victim to commit suicide or to attempt to do so.
The author of the text, Erwan Balanant (MoDem), highlights the
“educational value”
of the new offense and denies
“doing anything repressive”
.
“The idea is to engage the whole of society,”
he explains.
The provision could however prevent a unanimous vote in the hemicycle, where 130 amendments are on the menu - the Breton deputy would have liked a consensus.
Alas, the Socialist Party in particular warned against a law of
"emotion"
.
"We are not in favor of the criminalization of minors and an increase in repression,"
lamented Michèle Victory (PS) during the examination in committee.
To read also School harassment: "I was deprived of my childhood"
“We could have created an aggravating circumstance”
for the offense of moral harassment, recognizes Erwan Balanant. But the new
"precise criminal qualification"
will also, according to him, force digital platforms to integrate the obligation to moderate the content of bullying. The deputy, who had already amended the bill on "school of confidence" in 2019 to include the problem of harassment, also broadens with his text the right to
"schooling without school harassment"
to private institutions and to higher education.
The bill recognizes
"the fact that bullying is not only between students"
but perhaps also - more rare - the fact of an adult, notes Erwan Balanant.
LR deputies applaud with both hands a bill which
“represents an expected development”
, according to Emmanuelle Anthoine.
Communist deputy Elsa Faucillon pleaded for the bill to reimburse the costs related to the medical and psychological support of victims and those responsible for harassment.