Call for the French Authorities to Abide without Discrimination by International Conventions on the Rights of the Child: Cohen Case

EVERY YEAR IN FRANCE, SEVERAL THOUSANDS OF CHILDREN ARE ABDUCTED BY ONE OF THEIR PARENTS. AGAINST THEIR WILL AND INTEREST, THESE CHILDREN WILL BE DURABLY AND IN MANY INSTANCES PERMANENTLY DEPRIVED OF ANY CONTACT WITH THEIR OTHER PARENT.

EVERY CHILD POSSESSES FUNDAMENTAL RIGHTS THAT ARE ENSHRINED IN THE INTERNATIONAL CONVENTION THE RIGHTS OF THE CHILD, INCLUDING THE RIGHT TO MAINTAIN ON A REGULAR BASIS DIRECT CONTACTS WITH BOTH PARENTS (ARTICLE 10) AND THE RIGHT TO EXPRESS HIS OR HER VIEW FREELY (ARTICLE 12). THIS CONVENTION, ALBEIT RATIFIED BY FRANCE, WAS REPEATEDLY DECLARED INAPPLICABLE TO FRENCH JURISDICTIONS BY THE TWO SUPREME COURTS OF THE FRENCH REPUBLIC (COUR DE CASSATION AND CONSEIL DETAT).

AS REGARDS THE INTERNATIONAL ABDUCTION OF CHILDREN, THIS CONVENTION STIPULATES THAT STATE PARTIES SHALL TAKE MEASURES TO COMBAT THE ILLICIT TRANSFER OF CHILDREN ABROAD (ARTICLE 11). OTHER BILATERAL AND MULTILATERAL CONVENTIONS AIM AT COMPELLING CONTRACTING STATES TO SECURE THE PROMPT RETURN OF CHILDREN WRONGFULLY REMOVED TO OR RETAINED IN ANY CONTRACTING STATE. FRANCE IS A SIGNATORY TO MANY OF THESE CONVENTIONS, INCLUDING THE HAGUE CONVENTION ON THE CIVIL ASPECT OF INTERNATIONAL CHILD ABDUCTION.

YET, FRENCH JUDICIAL AND ADMINISTRATIVE AUTHORITIES CONTINUE TO TREAT CASES OF CHILD ABDUCTION AND PARENTAL ALIENATION WITH AN INTOLERABLE NEGLECT DESPITE NUMEROUS WARNINGS ON THE EXPANSION OF THESE PHENOMENA AND THE CONSIDERABLE SOCIAL COSTS INCURRED. THE ACTUAL DAMAGE IS NOT SOLELY MEASURED IN TERMS OF NUMBER OF ABUSED CHILDREN: RESEARCH ON CRIME FOR INSTANCE, UNAMBIGUOUSLY SHOWS THAT THE BULK OF JUVENILE DELINQUENCY STEMS FROM MINORS WHO WERE DEPRIVED OF THEIR FATHER.

IF NO ONE CAN BE PROTECTED AGAINST THE ABDUCTION OF HIS OR HER CHILDREN, EVERYONE IS ENTITLED TO EXPECT THE ADMINISTRATIVE AUTHORITIES OF HIS OR HER OWN COUNTRY TO ABIDE TO THE PROVISIONS OF INTERNATIONAL CONVENTIONS ON THE RIGHTS OF THE CHILD.

THE CASE OF JOHANNA AND LORIS COHEN, AMONG MANY OTHERS, PROVIDES AN APPALLING EXAMPLE OF THE DISCRIMINATORY TREATMENT OF INTERNATIONAL CHILD ABDUCTION BY FRENCH AUTHORITIES BREACHING INTERNATIONAL CONVENTIONS RATIFIED BY FRANCE.

JOHANNA AND LORIS COHEN WERE ILLEGALLY DISPLACED BY THEIR MOTHER FROM THEIR LEGAL PLACE OF RESIDENCE IN MANILA (PHILIPPINES) TO FRANCE. SINCE THEN, THEIR FATHER MARC COHEN, A FRENCH INTERNATIONAL CIVIL SERVANT RESIDING IN MANILA, HAS BEEN LEGITIMATELY REQUESTING THE RESPONSIBLE FRENCH AUTHORITIES TO SECURE THE PROMPT RETURN OF HIS CHILDREN TO THEIR HOME.

IN THIS CASE, THE RESPONSIBLE FRENCH AUTHORITIES HAVE NOT ONLY FAILED TO COMPLY WITH THEIR OBLIGATION TO SECURE THE RETURN OF THE CHILDREN : THEY HAVE ALSO SYSTEMATICALLY ACTED AGAINST THE FATHER AND CHILDREN, VICTIMS OF THE ABDUCTION.

IF LORIS, WITHOUT ANY ASSISTANCE FROM THE FRENCH AUTHORITIES, WAS ABLE TO RETURN TO HIS HOME AND LEGAL PLACE OF RESIDENCE, JOHANNA IS STILL ILLEGALLY MAINTAINED IN FRANCE. CONSIDERED IN DANGER, SHE WAS PLACED UNDER JUDICIAL PROTECTION RATHER THAN SENT BACK HOME. SHE HAS BEEN DEPRIVED OF ALL CONTACT WITH HER PATERNAL FAMILY ON THE GROUND OF ALLEGED CULTURAL AND RELIGIOUS DIFFERENCES.

UPON INSTRUCTION OF THE FRENCH MINISTRY OF FOREIGN AFFAIRS, THE FRENCH PASSPORTS OF MARC AND LORIS COHEN WERE REVOKED TOGETHER WITH THEIR CONSULAR REGISTRATION. INTERNATIONAL WARRANTS OF ARREST WERE REPORTEDLY ISSUED AGAINST THEM AND THE FRENCH GOVERNMENT ALSO REQUESTED THEIR EXTRADITION FROM THE PHILIPPINES. THESE MEASURES WERE TAKEN OUTSIDE ANY NORMAL LEGAL FRAMEWORK BY AUTHORITIES THAT REPRESENT A DEMOCRATIC STATE SUPPOSEDLY RESPECTING THE RULE OF LAW. FOLLOWING THESE DEVELOPMENTS, LORIS AND MARC COHEN HAD NO OTHER RECOURSE BUT TO SEEK POLITICAL ASYLUM IN THE PHILIPPINES, THEIR COUNTRY OF RESIDENCE.

WE THE UNDERSIGNED:

DEMAND CLARIFICATION ON THE ROLE OF THE RESPONSIBLE FRENCH AUTHORITIES IN THE TREATMENT OF THE CASE OF JOHANNA AND LORIS COHEN;

REMIND THE RESPONSIBLE FRENCH AUTHORITIES OF THEIR OBLIGATION TO COMPLY WITH INTERNATIONAL CONVENTIONS ON THE RIGHTS OF THE CHILD RATIFIED BY FRANCE;

DRAW THE ATTENTION OF THE FRENCH GOVERNMENT AND THE EUROPEAN PARLIAMENT ON THE HUMAN AND SOCIAL COSTS OF CHILD ABDUCTION.