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Law No. 2007-293 March 5, 2007, Reforming The Child Protection

Original Language Title: LOI n° 2007-293 du 5 mars 2007 réformant la protection de l'enfance

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Summary

Title I: Missions for the protection of children. Title II: Hearing of the child and links between social protection and the judicial protection of children. Title III: Intervention provisions for the protection of children. Title IV: Provisions on education. Title V: Protection of children against sectarian tendencies Title VI: Recognition of professional qualifications Amendment of the code of social action and of families, of the code of education, of the Civil Code, Code of Criminal Procedure, Labour Code, Penal Code, Code of Social Security, Code of Public Health. Amendment of Law No. 87-588 of 30 July 1987 on various measures of social order: - Amendment: de Article 99.Amendment of Law No. 2000-196 of 6 March 2000 establishing a Defender of Children: - Amendment: of Article 1.Amendment of Act No. 2001-504 of 12 June 2001 to strengthen the prevention and suppression of movements Persons who violate human rights and fundamental freedoms: - Amendment: of Article 19.Amendment of the Law of 22 March 1924 on the realization of savings, the creation of new tax and other resources Financial measures: - Repeal of Article 44.

Keywords

SANTE , CODE OF SOCIAL ACTION AND FAMILIES , CASF , EDUCATION CODE , CIVIL CODE , PENAL PROCEDURE CODE , JOB CODE , PENAL CODE , CODE OF SOCIAL SECURITY , CSS , CODE FOR PUBLIC HEALTH , CSP , REFORM , CHILD PROTECTION , VIOLENCE , MALTREATMENT , PREVENTION , HEARING , CHILD , MINOR , SOCIAL PROTECTION , JUDICIAL PROTECTION OF CHILDREN NATIONAL FUND FOR THE PROTECTION OF CHILDREN , CREATING , DISCOVERY , PROFESSIONAL QUALIFICATION , PROTECTION FROM SECTS , BILL OF LAW

Legislative Folders




JORF No. 55 of 6 March 2007 Page 4215
Text #7



ACT No. 2007-293 of 5 March 2007 reforming the protection of children

NOR: SANX0600056L ELI: https://www.legifrance.gouv.fr/eli/loi/2007/3/5/SANX0600056L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2007/3/5/2007-293/jo/texte


The National Assembly and the Senate have adopted,
The President of the Republic enacts the following:

  • TITLE I: MISSIONS FOR CHILD PROTECTION Item 1


    I. -Chapter II of Title I of the book Code of social action and families is supplemented by two Articles L. 112-3 and L. 112-4 thus written:
    " Art. L. 112-3. -The aim of child protection is to prevent the difficulties faced by parents in the exercise of their educational responsibilities, to accompany their families and to ensure, where appropriate, that Their needs, partial or total care of minors. To this end, it includes a set of interventions in favour of them and their parents. These interventions may also be aimed at adults less than twenty-one years of age who are experiencing difficulties which could seriously compromise their balance. Child protection is also intended to prevent the difficulties experienced by minors temporarily or permanently in the protection of their families and to ensure their care.
    " Art. L. 112-4. -The child's interest, the taking into account of his or her basic, physical, intellectual, social and emotional needs and respect for his rights must guide all decisions concerning him. "
    II. -After 2 ° of Article L. 123-1 of the same code, it shall be inserted a 3 ° thus written:
    " 3 ° The maternal and child protection service referred to in Article L. 2112-1 of the Public Health Code. "
    III. -Article L. 2112-1 of the Public Health Code is thus amended:
    1 ° In the first subparagraph, after the words: The authority "shall be inserted the words:" And responsibility " ;
    2 ° In the first sentence of the last paragraph, the words: " Placed under the responsibility of a " Are replaced by the words: " ".
    IV. -Article L. 2112-2 of the same code is thus amended:
    1 ° The first paragraph reads as follows:
    " The Chairman of the General Council is responsible for organising: ;
    2 ° 2 ° is thus written:
    " 2 ° Consultations and actions of Medical and social prevention in favour of children under six years of age and the establishment of a health check for children aged between three and four years, especially in nursery school; "
    3 ° In 4 °, after the words:" Pregnant women ", the Word: " And " Is replaced by the words: " In particular accompanying actions if they appear necessary in a systematic psychosocial maintenance carried out during the fourth month of pregnancy, and for " ;
    4 ° After 4 °, it is Inserted a 4 ° bis as follows:
    " 4 ° bis Preventive and follow-up medico-social actions insured, at the request or with the agreement of the interested parties and in liaison with the attending physician or hospital services, for parents in time Post-natal, at maternity, at home, in particular in the days following the return to home or during consultations; "
    5 ° In the last paragraph, the word: Service " Is replaced by the words: " General Council ", and the words: Of Ill-treatment and care of maltreated minors " Are replaced by the words: " And taking care of, or at risk of, minors in danger " ;
    6 ° This paragraph is added as follows:
    " The service contributes Also, on the occasion of the consultations and preventive measures mentioned at 2 ° and 4 °, in the prevention and screening of physical, psychological, sensory and learning disorders. It directs, where appropriate, the child to health care professionals and specialized structures. "
    V. Article L. 541-1 of the Education Code reads as follows:
    " Art. L. 541-1. -During the sixth, ninth, twelfth and fifteenth years, all children are required to undergo a medical examination during which a physical and psychological health check is carried out. These visits do not give rise to financial contributions from families.
    " Parents or guardians are required, upon convocation, to present the children to such visits, unless they are able to provide a medical certificate Stating that the balance sheet referred to in the first subparagraph has been provided by a health professional of their choice.
    " On the occasion of the sixth year visit, a screening for specific disorders of language and learning is organised. National education physicians work in conjunction with the educational team, health care professionals and parents to ensure appropriate care and follow-up for each child as a result of these visits.
    " The Department For each of the mandatory visits, by regulation, determines the content of the medical examination for prevention and
    . Periodic medical examinations are also carried out throughout the course of education and The health monitoring of the pupils is carried out with the help of a social service and, in the secondary schools, the nurse assigned to
    . Compulsory visits of the ninth, twelfth and fifteenth years are guaranteed For at least half of the relevant age class within a period of three years and, for the whole age class concerned, within six years of the publication of Act No. 2007-293 of 5 March 2007 reforming the protection of children. "

    Item 2


    I. -In Article L. 542-2 of the Education Code, the words: The second " Are replaced by the words: " Of The penultimate ".
    II. -At the beginning of the first paragraph of Article L. 831-3 of the Code, the words: The second " Are replaced by the words: " The penultimate ".

    Item 3


    Title II of Book II of the Code of Social Action and Families is thus modified:
    1 ° Article L. 221-1 is thus amended:
    a) The 1 ° is thus written:
    " 1 ° Provide material support, education and To minors and their families or to any holder of the parental authority, faced with difficulties which may endanger the health, safety, morals or morals of such minors, or to seriously impair their education or Physical, emotional, intellectual and social development, as well as to the emancipated and major minors of less than twenty-one years who are confronted with family, social and educational difficulties which could seriously compromise their balance; "
    (b) In 5 °, the words: " "Ill-treatment" Are replaced by the words: " Danger situations ", and words:" Information relating to and participation in the protection of minors Are replaced by the words: " And The transmission, under the conditions laid down in Article L. 226-3, of information of concern relating to minors whose health, safety, morals are in danger or at risk of being endangered or whose education or development is compromised or May be, and participate in their protection " ;
    c) After 5 °, it is inserted a 6 ° so written:
    " 6 ° Ensure that the attachment relationships established by the child with other persons are maintained, or even Developed, in its best interests. " ;
    2 ° The heading of Chapter VI reads as follows: Protection of minors in danger and collection of information of concern " ;
    3 ° In the first paragraph of Article L. 226-2, the word " Maltreated " Is replaced by the words: " In danger Or at risk of being " ;
    4 ° Article L. 226-6 is amended as follows:
    (a) In the first subparagraph and the first sentence of the second subparagraph, the word " Maltreated " Is replaced by the words: " In danger " ;
    b) The last sentence of the Second paragraph deleted;
    (c) In the third paragraph, the words: " Child abuse "," "Maltreatment" And " , screening and taking care of medico-social and judicial treatment of abuse " Are replaced Respectively by the words: " Child protection "," The endangers of minors " And " As well as the screening and taking of medical and social care of minors in danger ".

    Article 4


    The second subparagraph of Article L. 132-6 of the Code of Social Action and Families reads as follows:
    " Children who have been removed from their environment Family by judicial decision during a period of at least thirty-six months accumulated during the first twelve years of their life shall, subject to a contrary decision of the family judge, exempt from the right to provide such assistance. "

    Article 5


    Article 367 of the Civil Code reads as follows:
    " Art. 367. -The adopted food must be adopted if it is in need and, conversely, the adopter must adopt food. The adoptive father and mother are only obliged to provide him with food if he or she cannot obtain food from the adopter. The obligation to provide food to his or her father and mother shall cease for adoption as soon as he has been admitted as wards of the State or taken care of within the time limits laid down in Article L. 132-6 of the Code of Social Action and Families. "

    Article 6


    Article 99 of Law No. 87-588 of 30 July 1987 on various social measures reads as follows:
    " Art. 99. The establishment, within two hundred metres of an educational institution, of an establishment whose activity is the sale or making available to the public of pornographic objects is prohibited. The offence under this Article shall be punishable by two years' imprisonment and a fine of EUR 30
    . Persons who favour or tolerate the access of a minor to an establishment where one of the activities in question are engaged are subject to the same penalties. In the first paragraph.
    " For this offence, the associations of parents of pupils, youth and child protection in danger, regularly declared for at least five years on the date of the facts, may exercise the rights recognised by the party Civil. "

    Article 7


    The last paragraph of Article 1 of Act No. 2000-196 of 6 March 2000 establishing a Child Advocate is Replaced by two paragraphs written:
    " Claims may be submitted by members of the family of minors, medical and social services, as well as recognized associations of public interest which defend the rights of the Children. In addition, the Child Advocate may refer cases to the child's interest when reported to him by persons or associations which do not fall into the above
    . Members of Parliament May refer to the Children's Advocate a question of his or her competence which seems to them to deserve his or her intervention. At the request of one of the six standing committees of their Assembly, the President of the Senate and the President of the National Assembly may also transmit to the Defender of Children any petition before them.

  • TITLE III INTERVENTION DEVICES IN A GOAL OF CHILD PROTECTION Article 19


    Article L. 223-1 of the Code of Social Action and Families is supplemented by four sub-paragraphs thus written:
    " The second paragraph shall also apply to the proceedings of the father, the mother, any other person exercising parental authority or the guardian, to Services and facilities for minors mentioned in the 1 ° and 3 ° of Article L. 222-5.
    " The award of one or more benefits provided for in this Title shall be preceded by an assessment of the situation taking into account the state of the Minor, the situation of the family and the aids to which it can call in its environment.
    " The departmental services and the holders of parental authority shall draw up a document entitled " Project for the child, which specifies the Actions that will be carried out with the child, the parents and the environment, the role of the parents, the objectives and the deadlines for their implementation. It refers to the institution and the person responsible for ensuring consistency and continuity of interventions. This document is co-signed by the President of the General Council and the legal representatives of the minor, as well as by an official of each of the bodies responsible for implementing the interventions. It shall be brought to the attention of the minor and, for the purposes of Article L. 223-3-1, transmitted to the
    . On the basis of the information available to it, the President of the General Council shall ensure the follow-up and, as far as possible, the Continuity of interventions for a child and his/her family for child protection. "

    Item 20
    I. -Chapter II of Title II of Book II of the Code of Social Action and Families is thus amended:
    1 ° After the second subparagraph of Article L. 222-3, it shall be inserted as
    : -a Accompanying social and family economy; "
    2 ° The second subparagraph of Article L. 222-4 reads as follows:
    " When a family benefits delegate has been appointed, he/she is entitled to the monthly home assistance allowance. "
    II. -After section 2 of Chapter I of Title IX of Book I of the Civil Code, a section 2-1 reads as follows:


    "Section 2-1



    " Judicial measure of assistance to Family budget management


    " Art. 375-9-1. -Where family benefits are not used for the purposes of housing, maintenance, health and education of children and the social and family economic support provided for in Article L. 222-3 of the Code of Social action and families does not appear to be sufficient, the judge of the children may order that they be, in whole or in part, paid to a qualified natural or legal person, known as the "family benefit delegate"
    This delegate takes All decisions, seeking to obtain the support of the beneficiaries of family benefits and to meet the needs relating to the maintenance, health and education of children; it shall exercise with the family an educational action aimed at Revert the conditions for stand-alone management of benefits.
    " The list of persons entitled to seize the judge for the purpose of ordering this aid measure shall be fixed by decree.
    " The decision sets the duration of the measure. This may not exceed two years. It can be renewed by reasoned decision.
    " The provisions laid down in this Article shall not apply to the flat-rate premium provided for in Article L. 511-1 of the Social Security Code. "
    III. -Articles L. 552-6 and L. 755-4 of the Social Security Code read as
    : Art. L. 552-6. -In the context of the judicial measure to aid the management of the family budget provided for in Article 375-9-1 of the Civil Code, the judge may decide that a qualified person, known as a " family benefit delegate, shall collect all or part of the benefits Family due to the measure's beneficiary.
    " The burden of the costs of the judicial measure in support of the management of the family budget is the responsibility of the debtor organisation for family benefits. "
    " Art. L. 755-4. -In the context of the judicial measure to aid the management of the family budget provided for in Article 375-9-1 of the Civil Code, the judge may decide that a qualified person, known as a " family benefit delegate, shall collect all or part of the benefits Family due to the measure's beneficiary.
    " The burden of the costs of the judicial measure in support of the management of the family budget is the responsibility of the debtor organisation for family benefits. "
    IV. -The 1 ° of Article L. 167-3 of the Code is repealed.

    Article 21
    In Article L. 222-4-1 of the Code of Social Action and Families, the reference: L. 552-6 of the Social Security Code " Is replaced by the reference: " 375-9-1 Civil Code ".

    Article 22


    I. -The code of social action and families is thus amended:
    1 ° After Article L. 222-4-1, it is inserted. Article L. 222-4-2 thus written:
    " Art. L. 222-4-2. -On the decision of the President of the General Council, the service of child welfare and the authorised services shall accommodate any minor, during all or part of the day, in a place, if possible, in the vicinity of his home, in order to provide him with a Educational support, as well as accompaniment to his family in the exercise of his parental function. " ;
    2 ° Article L. 222-5 is thus amended:
    a) 1 ° is thus written:
    " 1 ° Minors who cannot remain temporarily in their normal environment and whose situation requires a full or partial reception, Flexible according to their needs, especially affective stability, as well as minors encountering special difficulties requiring a specialised reception, family or in an establishment or in a service as provided for at 12 ° of the I Article L. 312-1; "
    (b) The 4 ° is supplemented by a sentence so worded:
    " These provisions do not prevent the institutions or services that host these women from organizing devices to preserve or restore Relations with the father of the child, where the child is in the best interest of the child. " ;
    3 ° The second subparagraph of Article L. 223-2 is replaced by four sub-paragraphs thus written:
    " In the event of an emergency and where the minor's legal representative is unable to agree, the child is provisionally collected By the service which immediately notifies the public
    of the Republic. If the legal representative is able to agree but refuses, the service shall refer the matter to the judicial authority for the purpose of applying Article 375-5 of the Code Civilian.
    " If, in the case provided for in the second paragraph of this Article, the child could not be returned to his family or the legal representative could not or refused to give his consent within five days, the service shall also The judicial authority for the application of Article 375-5 of the Civil
    . In the event of immediate danger or of immediate danger to a minor who has abandoned the family home, the service may, as part of the Prevention, for a maximum period of seventy-two hours, to receive the minor, provided that the parents, other persons exercising parental authority or the guardian are informed without delay, as well as the public prosecutor. If, at the end of the period, the return of the child to his or her family could not be arranged, a procedure for admission to child welfare or, failing agreement of the parents or the legal representative, a referral to the judicial authority is initiated. " ;
    4 ° After Article L. 223-3, an Article L. 223-3-1 reads as follows:
    " Art. L. 223-3-1. -If the child is entrusted to the departmental service of child welfare in accordance with Article 375 (3) of the Civil Code, the judge shall determine the nature and frequency of the rights of access and accommodation of the parents and may decide that their Conditions of exercise shall be determined jointly between the service and the parents in the context of the document provided for in Article L. 223-1 of this Code. This document is addressed to him. He is seized of any disagreement. "
    II. -The civil code is thus amended:
    1 ° After the second subparagraph of Article 373-2-1, it is inserted a paragraph so worded:
    " When the continuity and effectiveness of the child's relationship with that parent so requires, the Family Judge May organise the right of access in a designated meeting space for that purpose. " ;
    2 ° Article 373-2-9 is supplemented by a paragraph reading:
    " Where the residence of the child is fixed at the home of one of the parents, the family judge shall decide on the terms of the visiting rights of the other parent. This right of access, when the interest of the child orders, may be exercised in a meeting space designated by the judge. " ;
    3 ° After the first paragraph of Article 375-2, a paragraph shall be inserted as follows:
    " When entrusing a minor to a service referred to in the first subparagraph, he may authorize the minor to provide him with exceptional or periodic accommodation Provided that this service is specifically authorized for this purpose. Each time it hosts the minor under this authorisation, the service shall without delay inform its parents or legal representatives as well as the judge of the children and the President of the General Council. The judge shall hear any disagreement concerning the accommodation. " ;
    4 ° In the first sentence of the last paragraph of Article 375-3, after the words: " Judgment of divorce between the father and mother ", are inserted the words:" Or when a request for a determination of residence and visitation rights Relating to a child has been made or a decision made between the father and the mother, " ;
    5 ° In the first sentence of the second paragraph of Article 375-4, the word: " Second " Is replaced by the word: " Third " ;
    6 ° Second paragraph of Article 375-5 is supplemented by a sentence worded as follows:
    " If the situation of the child permits, the prosecutor of the Republic determines the nature and frequency of the right of correspondence, visits and accommodation of the parents, except to reserve them If the child's interest so requires. " ;
    7 ° Article 375-7 reads as follows:
    " Art. 375-7. -The father and mother of the child with a measure of educational assistance shall continue to exercise all the attributes of parental authority which are not irreconcilable with that measure. They shall not, for the duration of this measure, emancipate the child without the permission of the judge of the children
    Without prejudice to Article 373-4 and special provisions allowing a third party to perform an unconventional act without the agreement of the The child's judge may exceptionally, in all cases where the child's interests so warrant, authorize the person, service or institution to whom the child is entrusted to carry out an act falling within the scope of Parental authority in the case of undue or unjustified refusal or in the case of negligence on the part of the holders of parental authority, for the applicant to report proof of the need for such
    . The child's place of care must be Sought in the interest of the parent and in order to facilitate the exercise of the right of access and accommodation by the parent (s) and the maintenance of his or her relationship with his or her siblings under section 371-5.
    " If it was necessary to Entrust the child to a person or institution, his or her parents retain a right of correspondence and a right of access and accommodation. The judge shall determine the terms and may, if the interest of the child so requires, decide that the exercise of those rights, or of one of them, shall be provisionally suspended. It may also decide that the right of access to the parent (s) may be exercised only in the presence of a third party designated by the institution or service to whom the child is
    . If the situation of the child permits, the judge shall determine the nature and The frequency of access and accommodation rights and may decide that their conditions of exercise are jointly determined between the holders of the parental authority and the person, service or institution to whom the child is entrusted, in A document that is then forwarded to it. It is entered in case of disagreement.
    " The judge may decide on the arrangements for the reception of the child in consideration of the child's interest. If the child's interest requires it or in the event of danger, the judge decides on the anonymity of the place of reception. "

    Article 23


    After the second subparagraph of Article L. 312-1 of the Code of Social Action and Families, it shall be inserted Paragraph thus written:
    " The establishments and services referred to in 1 ° of the same I shall organise themselves in such a way as to ensure the safety of each of the minors or adults less than twenty-one years of age. "

    Item 24


    I. The title of Title VII of Book VII of the Labour Code reads as follows: Concierge and building employees at Use of housing, household employees, maternity assistants and family assistants, teachers and caregivers, occasional teaching staff of collective receptions of minors, permanent places of life ".
    II. -The heading of Chapter IV of the same Title VII shall be supplemented by the words: , permanent places of life ".
    III. -After Article L. 774-2 of the same Code, a Article L. 774-3 reads as follows: '
    ' Art. L. 774-3. -The places of life and reception, authorised in accordance with Article L. 313-1 of the Code of Social Action and Families, shall be managed by natural or legal
    . As part of their mission, the permanent members responsible for the Exercise, on the site of the place of life, a continuous and daily accompaniment of the persons allowed.
    " Permanent assistants, who may be employed by the natural or legal person managing the place of life, supplement or Replace the responsible permanent.
    " Permanent staff and permanent assistants shall not be subject to Chapters II and III of Title I of Book II of this Code, nor to Chapters II and III of Title II of this Code. Book.
    " Their working hours are two hundred and eight days a year.
    " The arrangements for monitoring the work organisation of the employees concerned are defined by decree.
    " The employer must keep at the disposal of the inspector Of the work, for a period of three years, the existing document (s) to record the number of working days carried out by permanent officials and permanent assistants. Where the number of days worked exceeds two hundred and fifty-eight days, after deduction, if any, of the number of days allocated to a savings-time account and leave carried over under the conditions laid down in Article L. 223-9, the employee shall Receive, in the first three months of the following year, a number of days equal to that exceedance. This number of days reduces the legal annual limit for the year in which they are taken. "

    Item 25 More about this Article ...


    I. Article L. 542-1 of the Education Code reads as follows: '
    ' Art. L. 542-1. -Doctors, all medical and paramedical personnel, social workers, magistrates, teaching staff, sports, cultural and leisure personnel and national police personnel, police And the national gendarmerie receive initial and continuing training, in part common to the various professions and institutions, in the field of child protection in danger. Such training shall be provided under conditions laid down by regulation. "
    II. Article L. 226-12 of the Code of Social Action and Families reads as
    : Art. L. 226-12. -The rules on child protection training are laid down in the provisions of Article L. 542-1 of the Education Code. "
    III. -After Article L. 226-12 of the same Code, a Article L. 226-12-1 reads as follows: '
    ' Art. L. 226-12-1. -Territorial frameworks which, by delegation of the President of the General Council, make decisions on the protection of children and set out the arrangements for their implementation must have undergone training adapted to the exercise of these Missions. This training, in part common to the various professions and institutions, is provided under conditions laid down by regulation. "

    Article 26


    Article L. 112-1 of the Code of Social Action and Families is supplemented by a paragraph worded as follows:
    " The Government shall submit to Parliament every three years the report provided for in Article 44 (b) of the Convention on the Rights of the Child signed in New York on 26 January 1990. "

    Article 27 Read more about this Article ...


    I. -A National Fund for the Financing of Child Welfare is established within the National Fund for Family Allowances. Its purpose is to compensate the resulting charges for the departments of the implementation of this Law according to national criteria and the arrangements laid down by decree and to favour actions falling within the scope of the protection reform Of children and defined by conventional means between the Fund and its
    . -The resources of the fund consist of:
    -a payment from the National Family Allowance Fund, the amount of which is laid down in the Social Security Financing Act;
    -an annual payment from the State, the amount of which is Order in Finance Law.
    III. -The Fund is administered by a Management Committee, which includes representatives of the National Family Allowance Fund, the representatives of the departments and the State, in accordance with the procedure laid down by decree. Through an annual deliberation, he decides whether or not to adjust the allocation criteria for the fund defined in I.
    IV. -With the exception of the II, the payment of the National Family Allowance Fund for the year 2007 is set at EUR 30 million.

    Article 28


    Book IV of the Code of Social Action and Families is completed by a Title VI so written:


    "TITLE VI



    " RECOGNITION OF PROFESSIONAL
    QUALIFICATIONS


    " Art. L. 461-1. -Conditions and arrangements for the recognition of professional qualifications of nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area wishing to access activities In the field covered by one of the collective agreements referred to in the first subparagraph of Article L. 314-6 which provide for the holding of a social work diploma created pursuant to Article L. 451-1 shall be laid down in Articles L. 461-2 To L. 461-4.
    " Art. L. 461-2. -In order to benefit from the recognition of their professional qualifications, the candidates referred to in Article L. 461-1 must
    : 1 ° of a diploma, certificate or title enabling similar professional activities to be carried out The subject-matter of a regulation in the Member State or other State Party of origin or provenance, and of equivalent or immediately lower level, in the light of Articles 11 and 13 of Directive 2005 /36/EC of the European Parliament and of the Council, of 7 September 2005, relating to the recognition of professional qualifications, to that provided for by the collective agreement, issued:
    " (a) either by the competent authority of that State and penalising a preponderant training in The European Community or the European Economic Area;
    " (b) by a third country, provided that the competent authority of the Member State or other State Party which has recognised the diploma, certificate or other title attests that its holder has a Professional experience of at least three years in this state;
    " 2 ° Or a diploma, certification or title and full time period of similar professional activities for at least two years in the preceding ten years in A Member State or other State Party of origin or source which does not regulate access or the exercise of similar
    . However, this requirement of two years' professional experience is not required when the Training held by applicants penalise training regulated by the home Member State.
    " Art. L. 461-3. -Where the training of the applicant is less than one year less than that provided for in the collective agreement or where such training covers substantially different materials, in terms of duration or content, of those which appear in the Programme of the French diploma and whose knowledge is essential to the exercise of the professional activities concerned, except in particular if the knowledge acquired in the course of his professional experience is such as to render this Unnecessary verification, the applicant chooses either to submit to an aptitude test or to perform an adaptation period of not more than three years.
    " Art. L. 461-4. -The decision to recognise the applicant's professional qualifications shall be reasoned. It must take place no later than four months from the date of receipt, which is issued upon receipt of the complete file. "

    Article 29


    The fifth paragraph of Article 227-23 of the Penal Code reads as follows:
    " Usually consultation with a Service of communication to the public online making available such an image or representation or holding such an image or representation by any means shall be punished by two years' imprisonment and a fine of EUR 30 000. "

    Item 30


    I. -The first paragraph of Article L. 122-26 of the Labour Code is thus amended:
    1 ° After the first sentence, Insert a passphrase:
    " The employee may reduce, at her request and subject to a favourable opinion from the health care professional following the pregnancy, the period of suspension of the contract of employment which begins before the deemed date Childbirth up to a maximum of three weeks, and the period after the presumed date of confinement is increased accordingly. " ;
    2 ° Before the last sentence, the following sentence is inserted:
    " The employee may reduce, at her request and subject to a favourable opinion from the health care professional following the pregnancy, the period of suspension of the contract of Which begins before the presumed date of confinement for a period of up to three weeks, and the period after the presumed date of confinement is increased accordingly. "
    II. -After the first paragraph of Article L. 122-26, a paragraph shall be inserted as follows: '
    ' Where the employee has made use of her right to postpone after the birth of the child a part of the leave to which she is entitled under the First paragraph and shall be prescribed a stoppage of work during the period prior to the presumed date of confinement for which the postponement is requested, the postponement shall be cancelled and the period of suspension of the employment contract shall be counted from the First day of the work stoppage. The period initially postponed is reduced accordingly. "
    III. -After Article L. 331-4 of the Social Security Code, Article L. 331-4-1 reads as follows: '
    ' Art. L. 331-4-1. -By way of derogation from Articles L. 331-3 and L. 331-4, the duration of the period of payment of the daily allowance to which the insured person is entitled before the presumed date of confinement may be reduced at his request, on medical prescription, in the Three-week limit. The duration of the postpartum period is increased by the same amount.
    " However, in the event of a prescription of a stoppage of work during the period prior to the presumed date of confinement for which the insured has requested the postponement, Shall be cancelled and the daily rest allowance shall be paid from the first day of the stoppage of work until the date of delivery. The period initially postponed is then reduced accordingly. "

    Article 31


    After words:" ", the end of the first paragraph of Article L. 211-7 of the Labour Code is thus Written: " Whose composition and mode of operation are determined by decree in the Council of State. "

  • TITLE IV: PROVISIONS ON EDUCATION Article 32


    The fourth paragraph of Article L. 131-10 of the Code of education is supplemented by a sentence so written:
    " In particular, it verifies that the instruction given at the same residence is for the children of a single family. "

    Article 33


    The first paragraph of Article L. 444-5 of the Education Code is supplemented by the following words: Defined by decree ".

    Article 34


    Article L. 444-6 of the Education Code is supplemented by one of the following:
    " (d) Those who were convicted A sentence of not less than two months' imprisonment for the offences set out in Article 223-15 -2 of the Criminal Code. "

    Article 35


    Title IV of Book IV of the code of education is supplemented by a chapter V thus written:


    "Chapter V



    " School Support Organizations


    " Art. L. 445-1. -Are unable to perform any function of direction or instruction in a school support organization:
    " (a) Those who have suffered a criminal conviction for crime or offence contrary to probity and morality;
    " (b) Have been deprived by judgment of all or part of the civil, civil and family rights referred to in article 131-26 of the Penal Code, or that have been deprived of parental authority;
    " (c) Those who have been subject to absolute prohibition of teaching ;
    " (d) Those who have been sentenced to at least two months' imprisonment for the offences set out in article 223-15 -2 of the Criminal Code.

  • TITLE V: PROTECTION OF CHILDREN AGAINST AREAS Article 36


    Before Article 433-19 of the Code Criminal, an article 433-18-1 reads as follows:
    " Art. 433-18-1. -The fact, for a person who has attended a birth, not to make the declaration prescribed by Article 56 of the Civil Code within the time limits laid down in Article 55 of the same Code shall be punished with six months' imprisonment and EUR 3 750 Fine. "

    Item 37


    I. -After the word: " Guardianship ", the end of Article L. 3116-4 of the Public Health Code reads as follows: To Vaccination obligations provided for in Articles L. 3111-2, L. 3111-3 and L. 3112-1 or the will to hinder their execution shall be punishable by six months' imprisonment and a fine of EUR 3 750. "
    II. -In the first sentence of the first paragraph of Article L. 3111-2 of the Code, after the words: Are mandatory ", are inserted the words:" , unless recognized medical contraindication ".

    Item 38


    After words:" ", the end of the first paragraph of Article 19 of Act No. 2001-504 of 12 June 2001 to strengthen the The prevention and suppression of sectarian movements affecting human rights and fundamental freedoms reads as follows: Where has been pronounced at least once, against the corporation itself or its officers of law or In fact, a final criminal conviction for any of the following offences: ".

    Article 39


    Article 44 of the Act of March 22, 1924 with the object of savings, the creation of new tax resources and various financial measures is repealed.

    Article 40 Read more about this article ...


    I. -The Government is entitled, under the conditions laid down in Article 38 of the Constitution, to adopt by order the measures necessary to adapt the Provisions of this Law in French Polynesia, in New Caledonia, in the Wallis and Futuna Islands and in Mayotte.
    The draft order is, as appropriate, submitted for opinion:
    -for French Polynesia or New Caledonia, The competent institutions provided for respectively by Organic Law n ° 2004-192 of 27 February 2004 on the autonomous status of French Polynesia and Organic Law No. 99-209 of 19 March 1999 on New Caledonia;
    -for the Wallis and Futuna Islands, to the territorial assembly of Wallis and Futuna Islands;
    -for Mayotte, to the General Council of Mayotte, under the conditions laid down in Article L. 3551-12 of the General Code of Local and Regional
    . -The order shall be made no later than the last day of the eighteenth month following the publication of this
    . -A bill of ratification shall be tabled before Parliament within 24 months after the publication of this Law.
    This Law shall be enforced as the law of the State


Done at Paris, March 5, 2007.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

The Minister of State,

Minister of the Interior

and Spatial Planning,

Nicolas Sarkozy

The Minister of Employment,

Social Cohesion and Housing,

Jean-Louis Borloo

The Minister of National Education,

of higher education

and search,

Gilles de Robien

The Seals Guard, Minister of Justice,

Pascal Clément

The Minister of Health and Solidarity,

Xavier Bertrand

The Minister for the Overseas,

François Baroin

The Minister for Employment, the

job, and the professional integration of young people,

Gérard Larcher

Associate Minister

with Territorial Communities,

Brice Hortefeux

The Minister responsible for Social Security,

for the Elderly,

for People with Disabilities

, and Family,

Philippe Bas


(1) Preparatory work: Act No. 2007-293.

Senate:

Bill 330 (2005-2006);

Report by André Lardeux, on behalf of the Social Affairs Committee, No. 393 (2005-2006) ;

Discussion on 20 June 2006 and adoption on 21 June 2006.

National Assembly:

Bill, adopted by the Senate, No. 3184;

Report by Mrs Valérie Pecresse, on behalf of the Committee on Cultural Affairs, No. 3256;

Discussion on 9 and 10 January 2007 and adoption on 10 January 2007.

Senate:

Bill No. 154 (2006-2007), as amended by the National Assembly;

Report by André Lardeux, on behalf of the Committee on Social Affairs, No. 205 (2006-2007);

Discussion and adoption on 12 February 2007.

National Assembly:

Bill, adopted with amendments by the Senate, at second reading, No. 3683;

Report by Mrs Valérie Pecresse, on behalf of the Committee on Cultural Affairs, No. 3687;

Discussion and adoption on 22 February 2007.


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