At least one hundred and ten lawyers seized on Friday, June 4 the prosecutors of Nanterre, Versailles and Créteil – and are preparing to do it in Paris and Bobigny – for “incitement to discrimination and hatred”, after a leaflet from the National Rally on unaccompanied minors. Under the title, “Did you know? “, The far-right party ensures that“An unaccompanied foreign minor costs € 40,000 per year for the department. 60% are actually over 18. (Senate Report 2017) They are responsible for the explosion of insecurity. (Example: 2 misdemeanors / crimes per day in Bordeaux in 2020). Only our elected officials will put an end to this scandal! “ and further : “Rather than funding unaccompanied foreign minors or helping with the housing of illegally elected officials, we will invest more in the education of our children, the well-being of our elders and the integration of people with disabilities. »
The lawyers, often specialists in these unaccompanied minors, jumped up reading the leaflet. “We cannot admit that the political debate is demagogically limited to hate speech, protests Me Emmanuel Daoud. With figures which are a big rubbish, and to the detriment of a population as vulnerable as these children are. ” The lawyers dispute that the foreign minors taken in charge by the Social Assistance for Children (ASE) are in their majority delinquents or “Major at 60%”, the dozens of children wandering in the streets, particularly damaged and multi-drug addicts, are hardly taken care of by child protection. Unaccompanied minors represent less than 10% of children taken care of by ASE, for a daily price of up to 23 euros, or 8,395 euros per year – far from the 40,000 euros announced.
The report, written by Mit is Catherine Delanoë-Daoud and Emmanuel Daoud, is solidly argued in law. The Court of Cassation ruled, on March 17, 2015, that this offense was characterized when “The incriminated texts tend to arouse a feeling of rejection or hostility, hatred or violence, towards a group of people or a person because of a specific religion”, the European Court of Human Rights confirmed in 2008 that the 1881 law made it possible to punish comments intended to give “A negative image of the targeted communities” as soon as they “Were intended to provoke in readers a feeling of rejection and antagonism”. Case law requires, on the other hand, that the target group be targeted as such and as a whole, and not when the remarks target only certain people in the group. This is indeed the case here.
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