Parliament adopted Thursday, after a final vote of the deputies, a bill carried by the presidential majority aimed at creating a new offense of school harassment, a phenomenon against which the public authorities want to strengthen their response.
The bill "brings a new stone to the building" implemented by the government, welcomed the Minister of National Education Jean-Michel Blanquer, while the executive has multiplied announcements on a subject that regularly upsets public opinion.
For the tenant of the rue de Grenelle, the text sends "a message to the entire Nation: no, harassment has no place in establishments".
Punishable by three years in prison
The flagship measure consists of the creation of a specific offense of bullying at school – this was hitherto punishable under other headings, including bullying.
School harassment 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 age of the author will be taken into account.
The measure will be 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 may be a student or an adult working in the establishment.
The bill also addresses issues of initial or continuing training for adults, as well as prevention.
It reinforces the obligations of digital platforms.
Far from a consensus
Adopted in final reading by the deputies by 86 votes for and two abstentions, the text is far from having achieved consensus during the parliamentary debate, the senators wishing to erase the creation of this new offense to replace it by the creation of aggravating circumstances of the moral harassment.
Members of the Luxembourg Palace also did not want the definition of bullying to include adults.
So many “red lines” for the majority, commented the deputy Agir, Pierre-Yves Bournazel.
These senatorial criticisms found an echo in the hemicycle on Thursday.
Maxime Minot for LR warning against the "permanent, real and dangerous risk of suspicion", Sabine Rubin (LFI) deploring a new offense without any "preventive" effect, even judicially ineffective.
Nearly one pupil in ten is affected each year by school harassment which can push the victim to end his life, as evidenced by several recent dramas such as the suicide of young Dinah in the Haut-Rhin in October.
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