France condemned by ECHR to pay 55,000 euros to a former child placed for rape and attacks

France Loste, placed from the age of 5, was molested for thirteen years by the father of his host family between 1976 and 1988.

Le Monde With AFP

The European Court of Human Rights (ECHR) condemned, Thursday, November 3, France for rapes and sexual assaults suffered by a child placed in foster family by the social assistance services to the ‘Childhood (ASE).

The facts date back to the 1970s and 1980s. France Loste, placed from the age of 5 in a family of members of Jehovah’s Witnesses by ASE of Tarn-et-Garonne, undergoes rape and sexual assault Over a period of thirteen, between 1976 and 1988, committed by the father of the host family. This recognized part of the facts denounced.

In his decision, the Court considers that the French authorities “have not implemented preventive measures to detect the risk of ill -treatment provided for by the texts”. France is ordered to pay 55,000 euros to the applicant in repair of “moral damage”, a particularly high sum with regard to the ECHR case.

This decision was greeted as “a great relief” by France Loste. “It is the culmination of the fight of a lifetime,” she reacted, satisfied to see recognized the “injustices” of which she was “victim”, but saying to herself “still haunted” not the “abuses and rape suffered “. “Although no pecuniary repair can live up to the damage suffered, this decision has a strong and important moral value,” commented his lawyer, Fatou Babou.

“A manifest deficiency in the follow -up “

In its judgment, the ECHR reveals in particular that “only six visits have been made” with the family throughout the period, and that no document attests to follow -up to the schools frequented by The child. “There was a manifest deficiency in regular monitoring as provided for in the legal provisions then in force,” notes the court.

European judges also deplore that ASE officials have not “implemented the necessary measures” to enforce the “religious neutrality clause” that the foster family should observe. She made the child participate in his religious activities, even though the family of origin of the child was of Muslim confession. Informed of this situation, the ASE had then taken no measure.

Finally, they make French administrative jurisdictions wrong, which, by rejecting the recourse in compensation led by the child who became an adult, have shown “excessive formalism”. The administrative courts had notably considered that the limitation period was exceeded before the complainant could not access the “documents of her placement file”.

/Media reports.