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According to data from the ministry, National Education received twice as many of these requests in 2023 as in 2021. This system allows reimbursement of lawyer’s fees, legal assistance and even medical care.
Four years after the assassination of Samuel Paty and one year after that of Dominique Bernard, middle and high schools are called to observe a minute of silence, Monday October 14, to pay tribute to these teachers killed in the course of their work. Since these tragedies, requests for functional protection sent by teachers and school heads to their superiors have soared, according to data from the Ministry of National Education.
This system allows any public service agent attacked or threatened to obtain support measures from their administration, such as medical care, legal assistance or reimbursement of their lawyer’s fees. For education unions, even if these requests are important, they should not make us forget that many teachers do not use them even though they could benefit from them.
An ancient right increasingly used
Since the Le Pors law of 1983, civil servants can benefit from functional protection by the community which employs them. In the case of teachers, this system can be triggered when there is a clear risk of serious harm to their physical integrity (such as threats or acts of intimidation), when they are victims of attacks (insults, defamation , violence, harassment, etc.) or in the event of criminal proceedings, when they are heard as an assisted witness, explains the Ministry of National Education (in PDF). The teacher must make a written request to his employer and provide proof that he has suffered attacks because of his profession.
In November 2020, the publication of a circular calling for better consideration and “systematic monitoring” threats or attacks has contributed to the development of the system just like the law of August 24, 2021 reinforcing respect for the principles of the Republic. But hasbefore the assassination of Samuel Paty, “it was a relatively little-known device. Very often our colleagues discovered it when they faced an attack”testifies Sophie Vénétitay, general secretary of Snes-FSU, the first union of middle and high schools. “It was not often used”confirms Guislaine David, general secretary of Snuipp-FSU, the first primary school union.
“Now whenever a teacher has a problem, we tell them to ask for it.”
Guislaine David, general secretary of Snuipp-FSUat franceinfo
Doubt should always benefit the teacher. The latter can make a request even if the facts occurred outside his establishment or his hours of service, recalls a senatorial report (in PDF) published in March on threats against teachers. The refusal to grant this protection may be pronounced if the situation is attributable to the teacher or if it goes against the general interest, defined as “motives likely to discredit the administration” Or “in the event of legal action which would clearly be devoid of any chance of success”, specifies the ministry.
A recent explosion of requests
After the assassination of Samuel Paty, killed after having alerted his superiors of the threats targeting him, the Ministry of National Education set up an annual survey on the assessment of functional protection. In four years, requests to obtain this device have more than doubled. They increased from 2,218 requests in 2020 to 4,948 in 2023, an increase of 123%.
Between 2020 and 2021, the number of requests from academies increased from 2,218 to 3,211 (+45%), according to figures from the Ministry of National Education. They concern almost equal parts of primary and secondary teachers. The main reason for these requests (85.7%) was intentional attacks on integrity. These requests were granted at 82.6%, all scopes combined.
The following year, the number of requests reached 3,733, a further increase of 16%, develops the 2022 report. Willful attacks on the integrity of the agent remained the main reason for granting (86.3%). The main action implemented was legal assistance at 41%.
In 2023, requests saw a further increase, with 4,948 requests (+33% in one year), according to that year’s report. “The number of protections granted continues to increase in net value”notes the administration. On the other hand, the amount allocated to these protections decreases, from 922,187 euros in total, compared to 1,095,535 euros in 2022.
A device with limits
Behind this increase in requests over the years, however, lie disparities in treatment, according to the unions. “The support is more or less well done depending on the locationestimates Guislaine David. Colleagues also need to be accompanied and supported. It all depends on individual wishes.” “There have been some improvements but we are very far from the mark”adds Sophie Vénétitay.
“We don’t have the impression that the institution wants this functional protection to be widely deployed, particularly because it is also the thermometer of something that is wrong.”
Sophie Vénétitay, general secretary of Snes-FSUat franceinfo
“The listening and support units of the rectorates are more or less equipped and more or less willing to do this work”observes Bruno Bobkiewicz, general secretary of SNPDEN-Unsa, the first union of heads of establishments, interviewed by AFP. According to the Senate report, the high number of requests for protection “must not lead to forgetting the part of teachers who do not make a request even though they could benefit from it”. These latter renounce “out of discouragement or belief that their request will be rejected” or else “that the grant will result in derisory measures, unsuitable or insufficient.
The parliamentary study also recalls that the average deadlines for granting functional protection, 29 days in 2022, are hardly compatible with “the often urgent need for effective protection”. In order to improve this situation, the new minister Anne Genetet intends to broaden the scope of State action. Sunday October 13, in La Tribune Sundayshe said she was in favor of change the law so that his department can file a complaint for a threatened agent. Questioned on franceinfo, the national secretary of the National Union of High Schools and Colleges, Sébastien Vieille, welcomed the proposal: “Everything that is done to protect colleagues will be in good faith.”