Are parents in France and Italy liable for damage caused by student protesters?

As high school student protests began in France last month, footage soon spread on social media of angry parents dragging their children away from demonstrations.

They may have good reason for doing so as France considers plans to impose fines on those whose children vandalise or damage property following a similar measure introduced this week in Italy.

As young protesters across France were joined by others angry about the rising cost of living and proposed public spending cuts, similar youth-led demonstrations have begun in Italian cities. Many have turned violent with protesters burning barricades, and police accused of using excessive force.

Here’s what we know.

What are the protests in France and Italy about?

In late September, high school students in the northern Paris suburb of Seine-Saint-Denis began protesting about the state of their school buildings and teacher shortages. They were particularly angry about the proposed government budget which includes millions of euros in cuts to public spending.

Students in Paris, and later in other French cities, erected barricades around their schools and caused hundreds of closures during the first week of October.

Later, the protests spread nationwide as public sector workers joined demonstrations to oppose planned pay freezes. Now the protests have widened again, with those angry about the rising cost of living, petrol shortages and fuel prices joining demonstrations which have frequently descended into rioting, looting and arson.

French President Emmanuel Macron said last week that “nothing justifies” violence and that local officials could ban certain street gatherings if deemed necessary. French authorities also announced curfews.

But last Saturday, hundreds of thousands of protesters in France, Italy, Spain, Belgium and Portugal took part in largely uncoordinated demonstrations against rising living costs.

Initially peaceful weekend protests in Milan descended into riots, with groups of mainly young people looting shops, smashing windows and clashing with police. Masked protesters threw stones, paving blocks and other objects at riot police and set fire to barricades made from bar tables.

Riots were also reported in the Italian cities of Bologna and Turin.

Official figures on the expected costs of the damage in both France and Italy have yet to be established.

What has Italy announced?

On Tuesday, Italian Prime Minister Giorgia Meloni’s government approved a series of measures in response to the unrest, including sending 500 soldiers to Milan until the end of the year and increasing financial liability on parents whose children were involved in vandalism and looting.

Under new rules, anyone taking part in a group of at least five people and endangering public safety during protests faces up to five years in prison and a maximum fine of 20,000 euros ($22,460).

Protesters aged 14 to 18 can now be subject to administrative detention, even if they have not committed a crime, provided there is evidence that they pose a danger, extending powers that previously applied only to adults.

In part of the decree, which includes the phrase “You break it, you buy it”, Italy also strengthened the law holding parents responsible for criminal damage by their children.

Article 2048 of the civil code already states that parents and guardians are liable for damages caused by the “unlawful act of unemancipated minor children or persons subject to guardianship who live with them. The same provision applies to the foster parent”.

In Italy, authorities may enforce these laws through asset and wage attachments.

The new measure permits the state to directly fine parents or claim damages for any resulting loss against parents’ property or by deducting public subsidies the family receives.

What is the situation in France?

Under article 1242 of the French Civil Code, parents who live with their children and exercise parental authority also have a civil liability for damage that their children cause.

“Parents, in their capacity as holders of parental authority, are by right jointly and severally liable for damage caused by their minor children, except when the latter have been entrusted to a third party by an administrative or judicial decision,” the law states.

Last year, a new law amended article 1242 to strengthen parents’ role during youth justice proceedings. It removed the cohabitation requirement for parents for civil liability to apply.

In France, compensation from parents for damage caused by children can be enforced through civil proceedings, and can include the seizure of assets if not covered by civil liability insurance, which is often tied to housing insurance, subject to the terms of the policy agreement.

On Friday, French radio station RFI reported that a new bill known as “rioters pay” is now also being proposed by the government in response to the violent protests.

The government is scheduled to debate the draft bill on October 27.

If the law is passed, those found responsible for vandalism could be required to pay up to 10,000 euros ($11,200) in compensation. In the case of criminal damage by minors, parents could be held responsible.

A provision to the bill could also introduce collective civil liability, potentially requiring someone in a group responsible for damage to pay, even if they did not cause it themselves, on the same financial terms as those who caused the damage, RFI reported.

Prime Minister Sebastien Lecornu described the legislation as “absolutely essential” to ensure taxpayers do not pay for damage caused by protests.

Where else does this happen?

Several other countries also hold parents financially liable for damages their children cause.

For example, in Sweden, parents or legal guardians may be held financially liable, subject to statutory conditions and limits, for certain injuries or property damage caused by a child who commits a crime.

In the United States, subject to state-specific conditions and limits, laws addressing parental responsibility specify that if a minor intentionally destroys public property, businesses, or vehicles, victims or local government can sue the parents in civil court.