The year 2023 was marked by
“a trivialization of rights violations”
and a
“worrying”
weakening of the rule of law, worries the Defender of Rights, who publishes her annual report on Tuesday.
“We are observing a sort of trivialization of rights violations, this weakening is not new but it is part of an underlying trend with a form of acceleration
,” declared Claire Hédon to AFP.
The independent authority, which is responsible in particular for defending the rights of citizens against the administration, received more than 137,000 complaints in 2023, or 10% more than the previous year.
The complaints handled by the 600 delegates spread across the territory mainly concern relations with public services (more than 92,000 complaints, up 12% over one year).
“There is a gap that has been built between users and the public service
,” notes Claire Hédon.
“We are told: “It is improving”, but what I see is that we are having more and more referrals, which is not at all reassuring”
.
“Extremely worrying weakening of the authority of the judge”
The other complaints concern the fight against discrimination, children's rights, the ethics of security forces and the protection of whistleblowers.
In her report, the Defender of Rights points out several legislative or regulatory reforms having
“restricted the benefit of certain rights”
.
In its sights, the law
“for full employment”
, the Kasbarian law
“aimed at protecting housing against illegal occupation”
and the law on immigration.
“We are putting already very vulnerable populations in even more difficulty
,” believes Claire Hédon.
Added to this are
“words and acts by which court decisions have been called into question or criticized”
, phenomena which
“have nothing anecdotal”
and which reflect an
“eminently worrying weakening of authority of the judge and, beyond that, of the rule of law”,
we can read.
The independent authority cites as an example
“the instrumentalization of the Constitutional Council which was asked to sanction legislative provisions despite their manifest unconstitutionality”
within the framework of the law on immigration.
“Our democratic system is not based only on elections, it is based on a balance of powers, on the fact that public powers are subject to the law,”
insists Claire Hédon.
Restrictions on freedoms
In her report, the Defender of Rights also deplores
"the increasingly significant non-execution of court decisions, including those adopted by the highest courts"
, whether the Council of State or the European Court of Human Rights. man (ECHR).
Observed for years,
“the massive non-execution of court decisions in matters of enforceable right to housing (Dalo) or access of foreigners to prefectures”
is for its part
“in certain regions, a constant”
, denounces -She.
Restrictions on freedoms of expression, demonstration and association continued, according to the report.
In total, the institution says it has received
“nearly 170 complaints questioning the ethics of the security forces in maintaining order”
during demonstrations against pension reform.
These repeated referrals
“can dissuade people from going to demonstrate and thus restrict the possibility of using the demonstration as a vector for contesting public decisions”
, she is alarmed.
Other sources of concern are the restrictive measures observed in 2023 which have prevented
“certain people in precarious situations from accessing their rights”
.
The independent authority cites in particular as an example the prefectural decree taken in October 2023 banning all food distribution in a Parisian sector for one month.
Precarious people also have to deal with
“persistent discrimination”
, particularly in the area of access to care.
“There are still today discriminatory refusals of care to people who benefit from complementary solidarity health insurance
,” notes the report.