Le harcèlement : évolution du droit français et problématiques de l’évaluation des victimes

Abstract

Medical doctors are often asked by patients victim of harassment, or even by the authorities, to establish medical certificate. Harassment is a complex phenomenon, covering a wide range of behaviours occurring in multiple situations. The writing of such a certificate can prove to be difficult, can be a cause of legal proceedings for clinicians, especially at a disciplinary level. Moreover, the evaluation is all the more complex since the qualification of harassment by the judge sometimes requires an evaluation of the impact on the victims under the form of a Total Work Incapacity (TWI) duration, but not under all the circumstances existing in French law. In this article, we first propose to address general consideration towards the writing of the certificate, before doing a systematic review of the successive evolutions of French penal and labour law regarding harassment in its most frequent forms. Finally, we propose to address the matter of victims evaluation, especially towards TWI duration evaluation, which does not seem to us an adapted tool regarding the fact that harassment is usually a chronical and durable phenomenon.