The death of eleven-year-old Lyhanna in the department of Gers has shaken France. After it became known that there were already indications and complaints in the child’s environment, Justice Minister Gérald Darmanin responded with an extraordinary order: By July 14, around 70,000 complaints related to children nationwide are to be reviewed again. The measure is a clear signal to a public searching for answers — and to a judiciary once again being accused of failings.
The case touches on an especially sensitive area of state responsibility. When children are not sufficiently protected despite official warnings, not only the work of individual institutions is called into question, but the functionality of the entire protection system. Accordingly, the minister’s reaction was sharp. He spoke of possible “serious failures” and demanded a comprehensive inventory.
However, the announcement also raises practical questions. What does it concretely mean to review 70,000 files again within a few weeks? Prosecutors, judges, and investigative authorities already complain about a high workload, staff shortages, and increasing case numbers. For years, the French judiciary has been one of the public service sectors suffering from chronic underfunding. Numerous reform promises from various governments have so far only partially addressed these structural problems.
Critics therefore fear that the now-ordered review will demonstrate political willingness to act but will not eliminate the actual causes. A short-term mobilization of personnel can help identify especially critical cases faster. At the same time, there is the risk that other procedures will be neglected or that the review will be merely formal.
The Lyhanna case thus illustrates a fundamental dilemma of modern judicial policy. After tragic individual cases, there is regularly growing pressure on those responsible to act quickly and visibly. But sustainable child protection is not achieved by spectacular orders alone. It requires functioning reporting channels, sufficient personnel, close cooperation between youth welfare offices, police, and judiciary, as well as enough time for the careful processing of indications.
Whether the review ordered by Darmanin will actually lead to improved protection for endangered children will only become clear in the coming months. Already, however, the case has reignited a debate that goes far beyond the fate of a single child: How much security can a state promise when the institutions that are supposed to ensure it are permanently pushed to their limits?
Author: P. Tiko