mercredi, septembre 25, 2019

25.09.19, contribution 33, grenelle, violence against women, state, prime minister, schiappa, housing, housing occupation, flight, emergency

blog: madic50.blogspot.com / Book: The Two forms, ed. Amazon

Paris, Wednesday 25 September 2019

CONTRIBUTION (33) TO THE NATIONAL DEBATE WISHED BY THE PRESIDENT OF THE REPUBLIC IN 2019.

ANALSYSIS OF THE POLICY OF THE STATE ON THE RIGHTS OF BOTH SEXES AS DEFINED ON 3 SEPTEMBER BY THE PRIME MINISTER IN THE GRENELLE OF VIOLENCE MADE TO WOMEN.
(Continuation of the contribution 16 of August 2019 and previous ones: see madic50.blogspot.com)


A REGRESSION OF THE PLACE OF WOMEN IN THE STATE


1. Preamble
On September 3, 2019, the Prime Minister of the French government made a speech for the opening of the Grenelle fight against violence against women.

It does not exclude marital maltreatment or any verification of it. However, for language convenience:
a- It is placed in the report of the abusive man and the abused woman. This concerns 90% of cases of family abuse. What is valid for one is valid for the others.
b- He considers that the abuse is established.

This Grenelle mobilizes from September 3 to November 25, the entire government. The Prime Minister quotes, the Secretary of State for Equality between women and men, Marlene Schiappa (which is the initiative), the Minister of Justice, Nicole Belloubet, the Minister in charge of housing, Julien Denormandie, the Minister of the Interior, Christophe Castaner, the Minister of Education, Jean-Michel Blanquer.

It associates by right to the action of this one a certain number of networks of Directions:
"The government is fully mobilized, but we need you, your association expertise, parliamentarian, local elected official or field professional, whether you are a police officer, policeman, magistrate, social worker, doctor, teacher, responsible for a shelter, mayor. Because our responsibility is collective, the work must be collective. "

This is not a request, it is an order: "It is at this price that this Grenelle can radically change things by specifying and developing the first emergency measures that I will announce right now. "

This Grenelle therefore aims to found new rules for the treatment of conjugal violence (heterosexual or homosexual). His decisions will be understood as "radical".

2) - The urgency
The Prime Minister places his speech on the ground of the recognition of an emergency and the obligation for the government to respond to the different figures of it.
When a woman can no longer bear the violence of her spouse, there is a breach of equality in the contract of union.

One spouse uses force to subordinate the other to his will alone. He wants to make him lose his personal rights and rob him.
A question arises then to the society: that of the enjoyment of the occupation of the places. Who will continue to occupy the premises?

The government responds "radically".

The "first emergency" is to help women leave the apartment. Consequently, it is therefore to guarantee men the right to remain there.

Indeed, the two questions do not receive the same answer.
a- The obligation of women to leave the premises is the subject of public decisions.
The guarantee given to men to maintain themselves is silently impressed upon the departure of women.
c- As the President of the Tribunal said in the Dreyfus case: "The question will not be asked".

With regard to the Prime Minister, we can not speak of misunderstanding.

3) - The right to escape
The prime minister defines the state's future policy as follows: "The first priority is to protect women victims of domestic violence by providing them with rapid shelter. "

The government, the state, are there to support the right of the abused to:
a- "leaving the marital home"
b- "Fleeing domestic violence"

By the authority of the government, what is a state of affairs is bound to become a legislative right that will constrain administrative law:
a- Massive creation of emergency accommodation places for single women.
b- Temporary places of six months for women with children.
c- Geolocation platform for professionals, including associations and law enforcement agencies,
d- Guarantee Visale, that is to say a free deposit from Action Logement.
e- By law, the government abolishes laws that prohibit or criminalize the use of escape.

On 19 September, Marlène Schiappa, Secretary of State for Equality between Women and Men, confirms this political line of the "first emergency":
"The state will vouch for women victims of domestic violence and seeking housing."

4) - The spoliation of rights
This right to escape forces the administrations, at least in promises. They can no longer send the woman home, take her children, insult him on all floors.


However, in silence, this recognition of a right to escape organizes it as the only right of the ill-treated person.

In addition, the occasion of this recognition of the right of women not to die by conjugal obligation, the government establishes that this right to flight places them in a silent exclusion of the right to stay in the place.


Abused persons have no particular right to claim to live in these places. They must do "their life" elsewhere, "redo it". The Prime Minister's directive is as follows: "The idea is that victims can rebuild their lives. "
It is only in flight that they can pretend to escape their executioner and "borrow a path of resilience" as after a natural disaster or civil aggression outside the couple.

Therefore :
1-The new device for fighting domestic violence bases the right of the abuser to dispose as he sees fit of the places where he exercises his violence
2- The abused person has only one recognized right, that of fleeing.
3- The urgency defined by the government codifies this legal duality;
a- The abuser retains the enjoyment of the apartment.
The abused are given the only right to flee.
It is a right, which means that they can not be criminally reproached for their flight. They are no longer at fault to leave the marital home.

The whole frame of the speech is a double consecration:
1- The occupation of places of law by the abuser.
2- The absence of enforceable right to this occupation by the mistreated.

The government thus recognizes the legal merit of the occupation of the premises by the abuser.

This right of escape and the renunciation of the right to occupy premises hollow out the right of the abuser to occupy the premises.

This right is clearly established by the fact that the abuser can forcibly force the abused to flee but that it can not use force to stay or return to the scene.

6) - The right of the abuser
If the victim has to leave the matrimonial home, we now know why.

It is because she has only a right of use to remain there, and her executioner fixes the rule of these usages.

He could be convicted for the similarity of these rules with the various types of public assaults and under the Medical Certificate.

It is none the less justified to define and apply the rules of use of the common life.

Admittedly, this will not erase the medical certificate but will renew the technique of reversing the burden of proof to the detriment of the mistreated.


What was merely a de facto judicial practice, a law of jurisprudence, now becomes a legislative right.

It is now officially that she must give ground for two reasons:
1- By his conduct, including his revolts and his refusal of the rules set by the legal representative of them, it is one of the causes of the marital disorder.
2- The abuser is by right occupying the premises.

Abusers may invoke the Grenelle to require maintenance in places.



7) - The legal duality of the couple
These situations of law are exclusively due to the place of the one and the other in the couple of the mistreatment.

The order to "radically change things" is to consecrate this legal duality of the protagonists.

In this legal exclusion from the right of return, there is something that escapes ordinary law.

Indeed, it is the abuser who broke the contract of cohabitation and not the mistreated.

However, it is officially deprived of its rights to the occupation of places, even of its property rights.

However, that is not right in law:
a- Can an owner lose the enjoyment of his property without the justice finding fault?
b- The same goes for the tenant. The abandonment of occupation is presented as a matter of course while the spouses are jointly holders of the lease.
c- Once the legality of the flight has been recognized, it is not self-evident to deny the fugitive the right to return to the apartment by excluding the spouse.

8) - The strong and the weak
The logic that seems to impose itself is the dialectic of the strong and the weak. The fort is right, the weak is wrong.

What was a simple statistical parameter (women are the majority of the abused) becomes a shift in meaning a legal principle.
a- Women are weak and men are strong.
b- The battered women are the revelation, the staging, of the being of the woman.
Women lose the right to occupy the premises because they are deemed to correspond to the term "weak sex".
The beaten men join them in this qualification. They know themselves as "chicks" or disqualified as "men" ..

Ordinarily, the appearance of the opposition of strength and weakness (the woman being the "weaker sex") is not enough to impress the representatives of the state.

If an alcoholic husband keeps the place, it is not because he subverts the constabulary.

9) - The "fundamental right"
In fact, what is acknowledged to men in this conflict with this so-called wife, spouse, concubine, is an unspoken constitutionality of the primacy of men's rights over women. It is a silent variant of the millennial legal domination of men over women.

To use the vocabulary of the Court of Cassation concerning the right to marriage between persons of the same sex; in the case of battered and fleeing women, men are recognized as having a "basic right" to stay in the place.

Women must adapt or flee and lose de facto their registration in the right of occupancy; whether it is the right to lease or the right of ownership.




10) - Legal cousin

This grabbing of a right to occupy the premises by trickery or violence is so far a factual jurisprudence, a practice of the courts.

It is based on the granting by them of an exclusive right to exercise violence by one party and the prohibition of this exercise for the other party.

Domestic violence and the spoliations that accompany them are only a cousin of this logic.

I mention here some sequences at point-blank.

A- Low-level ethnic cleansing
On April 22, 2018, 300 Jewish personalities denounced "a low-noise ethnic cleansing" in so-called "cities" or "suburbs".
a- This "low-level ethnic cleansing" concerns both Jews and European-type French.
b- The result is the identification of "cities" or "suburbs" or "neighborhoods" with Arab and African populations.

In order to achieve these purifying purposes the purifiers proceeded as well as the marital mistreators and benefited from the same logic of the right to the flight and the de facto loss of the right to return to the places that the conjugal mistresses.

B- The police
The police consider that all clashes do not belong to the public domain but to the private domain. In a pinch, the lessor or the trustee can say their word.
a- Either, they are called for nocturnal fuss.
They then refuse to move on the grounds that it does not concern the public road.
b- That is, they are called for intra-real estate violence.
They only move to show the end of the clashes and invite each other to turn to justice.
c- Either, they are called for a family strike.
They then come to see that the couple is reconciled, that he can do it, or that Madame asks to be accompanied to the police station in the search for a hypothetical emergency shelter, then in the street, to flee home.
d- Unless there is blood, this type of violent retains their ability to occupy the premises; including those they conquered.

C- Justice
Magistrates have established a jurisprudence on the civil eviction of a tenant or owner, including the principal residence, either by harassment and intimidation, or by cunning occupation of the premises, such as during the absence of the legal inhabitant for vacation reasons.
They always consider that the conqueror has equal rights to the titular occupant in those places.

They are :
a- Either commercial and free trade in the case of harassment.
b- Or due to a residence time for installation by penetration. If the absence of the occupant in title allows the illegal occupant to keep the time necessary for the validation of the occupation this one is recognized legal.

3- Balance sheet
This case law is based on a denial of the right of ownership or rental right in cases of conquest.

Magistrates recognize to third-party conquerors the right to compel an owner to sell or to give up the use of his principal residence.

They also allow a tenant to lose the use of his principal residence by a cunning occupation during his absence.

This jurisprudence is already the vector of the creation of large scale spoliation networks.

This logic of legal priority of the policy of conquest extends far beyond the cases cited. It is the foundation of the indictment of a growing number of police and gendarmes.

4- Domestic violence

Domestic violence, under the guise of married life, combines the harassment and trickery of the occupation.

Harassment, usually outside the apartment, and cunning occupation, usually permitted by the absence of the titular occupant, can be introduced into the ordinary management of the household.

The tenant or the landlord can be both the object of harassment and cunning occupation.
This court case law allows an abusive husband to take his abused wife out of the home she owns or roommates.
The device of the Grenelle will make it a legislative principle.
A man or, more rarely, a woman can dispose of the vital security of a woman, of a third, and strip him of his property, of his occupation rights of the place.
This type of despoiled person can not take the risk of opposing it, except to be deprived of the benefit of the Self-Defense.
The pretext is that the victim has recourse to justice.
But precisely, the action of this Grenelle legalizes the disqualification of this recourse by making this escape not the consequence of an aggression but an "emergency" to accompany and to socialize.

11) - The evacuation of the French
The policy of replacing the right of escape to the ordinary civil rights of the inhabitants amounts to a policy of evacuation of the French, or persons placed under French law, for the benefit of their aggressors.

One of the most well-known precedents of this policy of evacuation of French then called "nationals" is the repatriation of the French from Ivory Coast in 2004.

On November 11, 2004, the French Government requisitioned all French aviation companies, mobilized 5,000 French soldiers based there, for "a first emergency measure" that was the gradual evacuation of the 14,000 French living in Côte d'Ivoire. 'Ivory. The latter have in fact lost their right of rental and ownership over their untransportable property.

It was in Ivory Coast.

By this evacuation, the French government told the world that France no longer had the means to protect its nationals abroad in situations of cultural and demographic submersion.

On September 3, 2019, the French Government proposes the same administrative logic of evacuation of French. This time, it's in France.
By this policy of "evacuation" of battered women and others, such as the Jews of the Cities and Suburbs, the French government indicates to all the followers of policies of civil conquests that it no longer has the means to protect its nationals; in France.

This is linked to the magistrates' decision to legalize the rape of ten-year-olds on the ground of their possible consent and by the invalidation of their word as plaintiff. This rule puts French law in conformity with Sharia law.

12) - Conclusion
Under the guise of an aggregate of obsolete measures, this policy of the right of flight is a public capitulation in the defense of gender equality; one more.

The speech of the Prime Minister is the statement of the terms of this capitulation. She organizes
the fight.

Battered women have something to do with women since their martyrdom is an effect of the social inferiority of women.

The Right of escape legally codifies the renewal.

This Grenelle is a defeat of women and democracy; one more.

MARC SALOMONE

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