RED Network

French law defines and prohibits discrimination on the ground of ethnic or racial origin.

Qualitative Info

French law defines and prohibits discrimination on the ground of ethnic or racial origin.  There is no definition of racial discrimination in specific Codes, but there is a general definition of discriminantion including racial discrimination in the Law of May 27, 2008 containing various provisions for adaptation to Community law. The first article of the French Constitution of 4 October 1958 establishes that : " France ensures the equality before the law of all citizens, without discrimination of origin, race or religion". The second reference to the concept of racial discrimination is contained in the Preamble of the Constitution of 27 October 1946 which itself constitutes the Preamble of the Constitution of 1958: "...the people of France proclaim anew that each human being, without distinction of race...possesses sacred and inalienable rights". The Criminal Code provide a general definition of discrimination (Art.225-1), which includes the discrimination on the basis of race and ethnic origin, and specifies the cases in which it is punishable (Art.225-2). The Labour Code, the Law on the freedom of the press also prohibit the discrimination on the basis of race.

External Url http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000018877783,http://www.legifrance.gouv.fr/affichCode.do;jsessionid=F6ED78C3A325D134875E0451BEDA7FF4.tpdjo02v_2?cidTexte=LEGITEXT000006070719&dateTexte=20111220

See other countriesSee indicator history

Yes

Qualitative Info

The definition of discriminantion on the grounds of race, ethnic origin and religion of  the Law containing various provisions for adaptation to Community law of May 27, 2008 is in conformity with the EU Directives.

External Url http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=1D1A664C9570025202C0E32C4918EF49.tpdjo07v_2?cidTexte=LEGITEXT000018880606&dateTexte=20121219

See other countriesSee indicator history

Yes

Qualitative Info

The national law covers all grounds of discrimination as in the International Conventions and EU law. The Constitutional Council decided that the list of grounds of discrimination was open. Article 55 of the Constitution of 1958 specifies that Treaties and International Conventions ratified by France are of superior value to national law, which therefore includes all criteria of discrimination enumerated therein. France has ratified all major anti-discrimination conventions except the Protocol 12 to the ECHR.

See other countriesSee indicator history

Yes

Qualitative Info

The principle of non discrimination bears no exception by reason of nationality. However, the public service and some professions and careers are not accessible by law to non nationals or non European nationals. Further to a report published by the GELD in March 2000, commenting on the extent and incoherence of the regime of legal discrimination in employment against non nationals, some of these professions have been made accessible to non nationals but the list is exhaustive and addressed piecemeal. De facto, the employment remaines the most important area of discrimination which is direct (job offers explicitly excluding candidates because of their origin or hiring process deliberatively excluding a candidate because of his or her origin) and indirect (refusal of taking into account foreign diplomas for example). Statistical surveys on employment showed that the unemployment rate of immigrants in 2008 (most recent available data) was almost twice the unemployment rate of non-immigrants. The last available surveys, conducted in 1999 and 2000, had shown that about 30% of jobs were partially or totally closed to non-citizens, i.e. about 7 million jobs, among which 5.2 million in the public sector.

There is a lack of updated statistics about incidents of discrimination and racism in the area of housing. In the most cases received by the HALDE, the claims arose from a refusal to rent accommodation as a main place of residence, either because of the applicant's origin or because of his or her guarantor's one. According to the Building and Housing Code, immigrants from outside the EU holding a 1-year residency permit must have been on the French territory for two years before being able to take a case of enforceable right to housing before the administrative court, even when they are in an emergency situation, in which no delay is required for immigrants from EU member states. The HALDE considered that this distinction established a discrimination based on nationality and was consequently contrary to national as well as international legal provisions. It recommended the repeal of this clause and decided to present its observations before the Council of State.

The report of the MDM Monitoring Centre for Access to Health Care provides an overview of the socio-demographic profile of the 24,685 patients who consulted the NGO’s 21 Centres of Health Care and Orientation.  89% of these patients are foreigners, the three most important nationalities being Romanian (15.45%), Algerian (12.2%) and Moroccan (5.4%). Foreign patients seen by the NGO staff experience acute difficulties to access their rights to health care: only 16% of those who could get a health care coverage actually do, 10% when it comes to asylum seekers, and only 5% when it comes to Romanian and Bulgarian patients (against 55% of the French patients)! These figures cannot be considered representing the situation of the general population regarding access to health care. Nevertheless,  they point out that migrants who come to the MDM Centres are in more and more difficult situations regarding access to their rights to health care.

Roma migrants continue to encounter many difficulties, and even refusals, when they seek to enrol their children in school.

 

 

See other countriesSee indicator history

There are some rectrictions in the area of economic and social rights of stateless persons.

Qualitative Info

The statelessness is not presumed.  In France an alien must apply to the Office for Refugees. If his status of stateless person is recognized, he is under the legal and administrative protection of the Office for Refugees. His personal status (marriage, divorce ..) and his administrative status are now governed by French law. He obtains a temporary residence permit that allows him to work (restrictions in the public sector). After three years of residence in France, he may be granted a permanent residence permit (Article L314-11 9).

 

See other countriesSee indicator history

Yes

Qualitative Info

Directive 2000/43 is correctly transposed in the national legislation.

See other countriesSee indicator history

Yes

Qualitative Info

Under the directive 2000/43/EC, the specialised body, the HALDE (French High Authority against Discrimination and for Equality), was created by Act n° 2004-1486 of 30 December 2004. The Constitutional Law n°2008-724 of 23 July 2008 created the institution of the Defender of Rights that integrated the HALDE and its function to fight against discrimination.

 

 

External Url http://www.defenseurdesdroits.fr

See other countriesSee indicator history

Partially

Qualitative Info

Not recognizing the existence within its territory of minorities with a legal status as such, France refuses to define general criteria for membership of a minority or even to compile registers of people from minorities, thus making it impossible to collect data on racial discrimination at the national level. The census does not include any ethnic data, in spite of the reiterated recommendations of the United Nations’ Committee on the Elimination of Racial Discrimination (Cerd) which, in its report issued in August 2010, asked France to proceed to its national census on the basis of an ethnic self-definition, “purely voluntary and anonymous”. The Council of Europe’s European Commission against Racism and Intolerance, whose last report on France was issued in June 2010, also recommended that the French authorities “envisage collecting data broken down according to categories such as ethnic or national origin, religion, language or nationality, so as to identify manifestations of discriminations ".  However, a step forward was taken in March 2009 when Yazid Sabeg, French Commissioner for Diversity and Equal Opportunities, launched a 30-member Committee for Measuring and Evaluating Diversity and Discriminations (Comedd) to “give France the means to understand the current state of discrimination”. The committee, chaired by the demographer François Héran, published its findings in a report issued in February 2010. The current French legal framework does not prevent surveys including questions based on name, geographic origin or nationality prior to French nationality, elements that may help to better know ethnic discriminations. Thus, in April 2010, the first general results of a survey entitled “Trajectories and Origins” conducted by INSEE and INED on 22,000 people born between 1948 and 1990 were published. Respondents were voluntary and the data collected anonymously. The published results show that 10% of individuals belonging to the mainstream population reported to have experienced discrimination over the last five years (whatever its grounds – origin, religion, health, gender, sexual orientation – and its area – employment, housing, education, public space), compared with 24% of second generations and 26% of immigrants. The most visible groups seem to be most frequently targeted, since almost half of immigrants and second generations from Sub-Saharan Africa report to have been discriminated over the last five years, ahead of North African minorities (39% of Algerian immigrants’ children, for instance) and, at a comparable level, persons from the French overseas départements and their children born in metropolitan France. They are followed by immigrants from Turkey and Southeast Asia (Vietnam, Laos, Cambodia), and their offspring. Data from this survey will be analyzed further by researchers, providing a better knowledge on ethnic discriminations in France.

 

See other countriesSee indicator history

No

Qualitative Info

In recognizing and addressing racism and discrimination, French policy must therefore work within the differential categories that are judged to be legally and philosophically acceptable. It is as poor, young, or old people, as women, as inhabitants of socially deprived areas, and so on, that the victims of racism and discrimination may benefit indirectly from programs that may, indeed, be defined with their specific  concerns in mind. What is both legally impossible and socially unacceptable is to design policies that explicitly target beneficiaries in terms of their "origin", their "identity" or their "ethnic group".

See other countriesSee indicator history

Yes

Qualitative Info

France does not recognise the existence on its territory of minorities as holders of collective rights enforceable under its legal system. That is why, most of the measures taken under the equal opportunities principle, for exemple,  in the area of education, such as priority education networks or “educational achievement” networks are not aimed directly at immigrant children or children of immigrant origin but concern those of them who come from disadvantaged backgrounds. Nonetheless, the rate of children whose parents do not speak French appears among the criteria taken into account to make a school benefit by one of those measures. Besides, with regard to the integration of children who are newcomers into the French school system, some special measures do exist. In primary schools, newly arrived children can benefit, during a variable period, from introductory classes, i.e. daily classes lasting several hours to give students (aged 7 to 12) intensive courses in French tailored to their needs, or from integrated remedial course, i.e. intensive courses in French provided by a part-time teacher who works at the school with small groups of students, as needed. In all cases, children are transfered back as full timeres into the class of their age group as soon as possible. A similar two-tier system exists in secondary schools.  Students from foreign origin can also benefit from classes called “Education in Languages and Cultures of Origin”, provided after school and on an optional basis by teachers posted and paid by the relevant countries, under bilateral agreements. So far, such agreements have been signed with Italy, Spain, Portugal, Algeria, Morocco, Tunisia, Turkey and former Yugoslavia. Students also have the opportunity to take an optional test in 47 regional and foreign languages for the baccalauréat exam. Of those languages, 22 may be offered for the compulsory examination.

 

See other countriesSee indicator history

Yes

Qualitative Info

The UN Committee on the Elimination of Discrimination expressed concern about discriminatory political speeches delivered in France in 2010. It expressed concern over measures in the area of citizenship referring to the government's project presented by the French President to legalise the remoal of French citizenship who are naturalized immigrants if they have been convicted of endangering the lives of policemen. This project raised fierce criticisms from the opposition and from  legal experts who questioned its compatibility with Article 1 of the Constitution (which guarantees the "equality of all citizens before the law, without distinction of origin, race or religion) and accused the government of inciting racist sentiment by connecting violent crime to immigration and creating two classes of citizenship.

External Url http://www.lepoint.fr/fil-info-reuters/le-parlement-vote-le-projet-de-loi-sur-l-immigration-12-05-2011-1329565_240.php; http://www.lepoint.fr/fil-info-reuters/le-parlement-vote-le-projet-de-loi-sur-l-immigration-12-05-2011-1329565_240.php

See other countriesSee indicator history

Yes

Qualitative Info

Chaired by the Minister of Justice, the National Council for Victims (Conseil National d’Aide aux Victimes, CNAV) is responsible for coordinating government action with other non-governmental bodies to ensure and strengthen the rights of victims in criminal proceedings. Locally, the County Councils for Crime Prevention (Conseils Départementaux de Prévention de la Délinquance, CDPD) are required to have a specific steering committee for victim support. The judge appointed to victims (juge délégué aux victimes, JUDEVI), created by a decree of 13 November 2007, is responsible for "correct dispersion of actions and responsibilities in guiding the victim through the maze of the judiciary" The judge for the enforcement of sentences (juge de l'application des peines, JAP) also plays an important role as the situation of victims is an important factor in the process of deprivation or restriction of individual freedom. Attorneys are the first point of contact for victims. One-stop offices (Guichets uniques de greffes, GUG) have been in place since 1998, and are responsible for allocating cases among different courts. Decree No. 2004-1364 of 13 December 2004 has set up, in each court, an Office for the enforcement of sentences (Bureau d’exécution des peines, BEX). Its role is to meet victims at the end of the trial to inform them on how to obtain payment of damages and on the procedure of the Commission for compensation of victims of crime. There are also quasi-judicial bodies such as the Commission for compensation of victims of crime (Commission d’indemnisation des victimes d’infraction, CIVI) which provides compensation to victims by a simple and rapid procedure (Article 706 of the CPP). If the conditions for referral to the Commission are not met, the guarantee fund for victims of terrorism and other offences (fonds de garantie des victimes d'actes de terrorisme et d'autres infractions, FGTI) is responsible for the amounts due to be paid directly to the victim. Another advance is the creation by the Law of 1 July 2008 on the support service for the recovery of damages for victims of crime (service d’aide au recouvrement des dommages et intérêts pour les victimes d’infractions, SARVI). There are also victim support administrative agencies, which are united by the National Institute for Victims and Mediation.  The service for victims of crime (le service d’aide aux victimes d’infractions, SAVI) is a national structure under the Ministry of Justice. Its role is to coordinate projects, develop best practices and monitor the services offered and the allocation of subsidies. A delegation of victims from the Ministry of the Interior, established in October 2005, has among its tasks to work on improving reception conditions of victims and the public by the police and gendarmerie units. Victims of discrimination can also seek legal support in the Defender of Rights office where they can obtain free legal advice.

Victims can benefit from legal aid. According to the Act of 10 July 199139, legal aid is awarded on the basis of the person’s financial means; the maximum resources to benefit from legal aid is 1367€ per month. In this case, the aid covers 15% of the expenses. The aid gradually increases as the resources decrease; persons earning less than 911€ per month are awarded full coverage of their legal expenses. This system allows people without any means or with low incomes to obtain from the State the payment of all or part of the costs of a trial.

The most important restriction on access to an effective remedy in relation to discrimination concerns the statute of limitations to facts. The common law provides a prescription in 30 years whereas it is limited to only 5 years in the field of discriminations. In parallel to this rule, the legislature has also discreetly introduced a significant change in the Labour Code by including a new Article L. 1134-5 which provides that "an action for damages resulting from discrimination is prescribed by five years after the disclosure of the acts of discrimination".

 

 

 

External Url http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=LEGITEXT000006077779&dateTexte=vig;http://fra.europa.eu/fraWebsite/attachments/access-to-justice-2011-country-FR.pdf, http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000019013696&fastP...

See other countriesSee indicator history

The law foresees the shift of the burden of proof in civil / administrative procedures.

Qualitative Info

The shift in the burden of proof has expressly been transposed firstly in labour law, in matters of harassment and housing. The plaintiff must present elements of fact leading to a presumption of direct or indirect discrimination. Upon having satisfied this burden, the defendant must establish that his or her decision was justified by objective elements which have nothing to do with discrimination.The juge forms his inner conviction after having ordered, if necessary, all enquiry order it considers useful. This shift in the burden of proof is thus applicable in all non penal recourses except in case of discrimination initiated by an employee of the public sector. In such a case, the administrative procedure is inquisitive and is covered by the derogation provided in the article 8 par 5 of Directive 2000/43 and the article 10 par 5 of Directive 2000/78. The Code of administrative justice provides that the procedure alleges the facts, arguments and conslusions submitted to the judge. Thus, the plaintiff is deemed not to have the burden of proof.

In 2008 the shift in the burden of proof was extended by Article 4 of Act n° 2008-496 of 27 May 2008 to all non-criminal fields.

External Url http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000018877783

See other countriesSee indicator history

Yes

Qualitative Info

The Law of November 16, 2001 gives the possibility to representative unions and NGOs existing for over 5 years to intervene in the action of any apprentice, trainee, employment candidate or employee who alleges to have been a victim of discrimination. When the discrimination is perpetrated against individual persons, the NGO or the trade union will be able to pursue the action only if it secures the written consent of these persons when the action arises from the application of article L123-1 LC, of article 6 of the Law n°83-634 of July 13, 1983 on the rights and obligations of civil servants. If the victim is a minor, a written consent of his or her responsible parent or tutor is required.

In case of discrimination in housing, the Law of January, 17, 2002 extends the right of action of NGOs to collective and individual recourses.

The Law on the Press of July 29, 1881 provides for the action of NGOs defending the rights of victims of racial discrimination that can establish an existence of five years, in matters of provocation to discrimination, incitement to hatred and violence, and defamation.

The Penal Code foresees the possibility of NGOs combating discrimination on the ground of origin, race, religion, sex, mores, health, disability to become a civil party to penal actions. In all cases the organisation must have been regularly declared for over five years and must obtain the consent of the victim which it represents.

See other countriesSee indicator history

Several victims can be represented in court by an association and/or by a trade union. "Class actions" will be the key measure of "consumption Bill" that must be presented to Parliament in spring 2013.

Qualitative Info

Several victims can be represented in court by an association and/or by a trade union. "Class actions" will be the key measure of "consumption Bill" that must be presented to Parliament in spring 2013.

 

---

Source:

Le Monde, 10.09.2012, "French" class actions in spring 2013 ("Des class actions "à la française" au printemps 2013"), http://www.lemonde.fr/vous/article/2012/09/10/des-class-actions-a-la-francaise-au-printemps-2013_1758233_3238.html, Accessed on 15.01.2013

See other countriesSee indicator history

Yes

Qualitative Info

The legislator has foreseen in the Labour Code the possibility to request the annulment of the discriminatory measure, allowing for reinstatement in case of dismissal, retroactive indemnity (financial compensation of the loss of wages for the entire period of discrimination) and legal modification of the employee's status in his/her working environment. The Court of Cassation has repeatedly ordered the reinstatement of the career of the employee with retroactive indemnification, the ensuing cost to the employer being substantial. However, other recourses in matters of housing or non salaried employees do not benefit from this possibility and the remedy is still limited to damages.

The Law Perben II for the Adaptation of Justice to the Evolutions of Criminality was adopted on March 16, 2004. Sanctions incurred in relation to the offence of discrimination are increased to a maximum of three years' imprisonment and a fine of €45,000. The law creates an aggravating factor in relation to discriminatory refusal to sell or give access to a public place, sanctioned by a maximum of 5 years imprisonment and a fine of €75,000. The Penal Code allows accessory sanctions: posting or publication of the judgement, closing down of a public place, exclusion from procurement contracts, confiscation of a business, suspension of civil rights, and a list of further penalties which are seldom ordered. The same sentence is applicable to discrimination by public service providers. Physical as well as legal persons can be prosecuted for this offence. Since 2000, the level of penal fines and the number of prison sentences has evolved from insignificant amounts of €3,000 to €15,000 and suspended prison sentences. In addition, publication of sentences in local papers was ordered in a number of cases.

Before the administrative tribunal, two recourses are available: one for excess of power to annul the decision challenged or the full jurisdiction recourse, in order to obtain not only annulment of the decision but damages as well.

In addition to penal and administrative recourses, a civil servant can also be prosecuted for disciplinary offences.

See other countriesSee indicator history

Yes

Qualitative Info

The general principle in French civil law is to remedy the harm inflicted by the award of compensatory pecuniary damages, indemnifying the financial and moral damage, without further pecuniary sanction or punitive damages. The Labour Code allows the retroactive indemnity (financial compensation of the loss in wages for the entire period of discrimination). The Court of Cassation has many times ordered the reinstatement of the carreer of the employee with retroactive indemnification, the ensuing cost to the employer being substantial. However, other recourses in matters of housing or non salaried employees do not benefit from this possibility and the remedy is still limited to damages. There is no statutary upper limit but the French legal practice is still very conservative in calculating pecuniary loss, and amounts awarded remain rather low.

Before the administrative tribunal, two recourses are available: one for excess of power to annul the decision challenged or the full jurisdiction recourse, in order to obtain not only annulment of the decision but damages as well.

See other countriesSee indicator history

Yes

Qualitative Info

There are many barriers to effective implementation in France. Legal action is not considered as a mean of advocacy. Anti-discrimination law is perceived by legal actors as foreign and undermining traditional civil law. Judicial actors in civil matters do not perceive rules of evidence as a central aspect of the civil judicial process and there is lack experience in making a systemic use of them. Meanwhile, the traditional formal theory of equality remains the ultimate reference and there is significant resistance to the concept of indirect discrimination. Finally, very few NGOs are knowledgeable in the management of judicial recourses.

See other countriesSee indicator history

Yes

Qualitative Info

According to the French country report on measures to combat discrimination drafted for the European Network of Legal experts in the non-discrimination field, directive 2000/43/EC was fully implemented by French laws n°2001-1066 of November 16, 2001; n°2002-73 of January 17, 2002, respecting social modernisation; and n°2004-1486 of December 30, 2004, which created the HALDE, the specialised body. On September, 3, 2007 the French Government answered to the formal request of the European Commission to fully implement EU rules banning discrimination on the grounds of race and ethnic origin. Directive 2000/78/CE was transposed with respect to employees covered by the labour code, civil servants and access to housing. The legislation transposing this directive does not cover the professions and unsalaried workers. They are considered to be covered by general principles of contractual and civil liability. With respect to the status of the army, France prevailed itself of the exception of article 3 (4) of the directive 2000/78/CE allowing derogation concerning criteria based on age and handicap.

---

French country report on measures to combat discrimination drafted for the European Network of Legal experts in the non-discrimination field, Sophie Latraverse, 2004

External Url http://legifrance.gouv.fr/affichTexte.do;jsessionid=8DEB29061C9CD7834D505F9B05713CB4.tpdjo06v_2?cidTexte=LEGITEXT000005631676&dateTexte=20111220

See other countriesSee indicator history

Yes

Qualitative Info

According to the testomiony of many minorities, they are often checked by the police: for example, 42% of North Africans, 38% of sub-Saharan Africans (compared to 22% of majority).

However, respondents do not always consider these checks as ethnic profiling: among 42% of North Africans checked, 18% considers that the police engaged in ethnic profiling, but the majority (24%) of sub-Saharan feel discriminated against.

---

Trajectories and Origins. Survey on Population Diversity in France, October 2010

External Url http://www.ined.fr/fichier/t_telechargement/45661/telechargement_fichier_fr_dt_teo_168_english.pdf

See other countriesSee indicator history

There is no data available concerning racist incidents and crimes.

 

Qualitative Info

There is no data available concerning racist incidents and crimes. But there is evidence of disparities between the number of  incidents and crimes reported and the number of incidents and crimes recorded by police authorities in general.

According to statistics of the Department of Justice, only 24% of incidents and crimes would be reported to the police authorities, and only 16% would be recorded as a complaint. For example, only 8% of insults that represent the majority of offences would be reported to the police authorities, and ​​only 3% would be recorded as a complaint by the police authorities.

External Url http://www.justice.gouv.fr/art_pix/1_stat_infostat110_se_dclarer_vict_20101129.pdf

See other countriesSee indicator history

Yes

Qualitative Info

The areas containing significant numbers of migrants and minorities are policed more often then others. Two main reasons: the police act under a number of circulars and orders (for example,  the circular of August 5, 2010 directing the police to target illegal Roma settlements, repressive measures against illegal aliens, etc); according to the police, the condition of effectiveness of their work is the degree of screening that they operate within the population, that is why they focus primarily on offenders or troublemakers, neglecting that they are equally the product of their actions.

---

Source: Report on the fight against racism, antisemitism and xenophobia, French National Consultative Commission on Human Rights

External Url http://www.ladocumentationfrancaise.fr/rapports-publics/114000197/

See other countriesSee indicator history

Yes

Qualitative Info

Migrants face  problems in accessing justice, but there is no statistics available

See other countriesSee indicator history

There is evidence of differential sentencing of French citizens and foreigners

Qualitative Info

In 2010 the research concerning the differential sentencing of French citizens and foreigners was published. According to this research, 67% of French citizens were condemned to prison sentences against 77% of foreigners in Lille and Lyon. In smaller towns (Avesnes-sur-Helpe, Villefranche-sur-Saône) the respective proportions are 86% and 90%. The research notes that employees are less often condemned to prison sentence.  However, foreigners without a job or prior conviction are condemned to prison sentence more frequently that French citizens with identical profile (80% vs. 54%). The judge is much more likely to find it necessary to condemn unemployed foreigners to imprisonment, especially if they have illegal status. If the judge doesn’t have any information on the strength of foreigner’s social ties in France, he finds this punishment reasonable as otherwise a foreigner would be likely to leave France and never serve his sentence.

---

Source: Léonard, T., 2010. Ces papiers qui font le jugement. Champ pénal / Penal field, nouvelle revue internationale de criminologie, (Vol. VII). Available at: http://champpenal.revues.org/7879 [Accédé Septembre 27, 2010].

External Url http://champpenal.revues.org/7879

See other countriesSee indicator history

The unemployment rate for immigrants is particularly high for those from Algeria, Morocco, Tunisia and sub-Saharan Africa

Qualitative Info

According to the Origins and Trajectories (TeO) study 'the unemployment rate for immigrants is particularly high for those from Algeria (16%), Morocco and Tunisia (12%) and sub-Saharan Africa (17%)', and notably, 'even more so among the descendants of people of these origins (20%, 22% and 21% accordingly)'. Age can partially explain this discrepancy, but an analysis that controls for this variable shows that there is a higher risk of unemployment compared to the majority population in some of these groups (particularly immigrants from Algeria and descendants and immigrants from Morocco, Tunisia and sub-Saharan Africa).

The study conducted by the National Institute of Demographic Studies (INED) confirms that the descendants of immigrants (both men and women) are at greater risk unemployment than people descended from French parents. Thus, 20.5% of the descendants of North African immigrants are unemployed, as against 7% of men descended from French parents, and 19.7% of women and daughters of immigrants are unemployed, against just 9.7% of  'native' Frenchwomen.

The INSEE published the results of another survey on the employment rate according to the origin of parents, investigating the effects of age and qualifications. The survey provides evidence of great disparity: over the period 2005-2009, 86% of men aged 16 to 65 whose parents are French by birth are in employment, against only 65% when one parent is an immigrant originating from a North African country. To understand this difference, the researchers analysed the variables of age and qualification further and showed that they accounted for 7 out of the 21 percentage points separating the two categories. The remaining 14% difference is interpreted as evidence of discrimination.

 

 

External Url http://teo.site.ined.fr/; http://insee.fr/fr/ffc/docs_ffc/ES431H.pdf; http://insee.fr/fr/themes/document.asp?reg_id=0&ref_id=FPORSOC10F

See other countriesSee indicator history

The unemployment rate of minorities (here-descendants of immigrants as France doesn't recognize minorities) is high.

Qualitative Info

According to the Origins and Trajectories (TeO) study 'the unemployment rate for immigrants is particularly high for those from Algeria (16%), Morocco and Tunisia (12%) and sub-Saharan Africa (17%)', and notably, 'even more so among the descendants of people of these origins (20%, 22% and 21% accordingly)'. Age can partially explain this discrepancy, but an analysis that controls for this variable shows that there is a higher risk of unemployment compared to the majority population in some of these groups (particularly immigrants from Algeria and descendants and immigrants from Morocco, Tunisia and sub-Saharan Africa).

The study conducted by the National Institute of Demographic Studies (INED) confirms that the descendants of immigrants (both men and women) are at greater risk unemployment than people descended from French parents. Thus, 20.5% of the descendants of North African immigrants are unemployed, as against 7% of men descended from French parents, and 19.7% of women and daughters of immigrants are unemployed, against just 9.7% of  'native' Frenchwomen.

The INSEE published the results of another survey on the employment rate according to the origin of parents, investigating the effects of age and qualifications. The survey provides evidence of great disparity: over the period 2005-2009, 86% of men aged 16 to 65 whose parents are French by birth are in employment, against only 65% when one parent is an immigrant originating from a North African country. To understand this difference, the researchers analysed the variables of age and qualification further and showed that they accounted for 7 out of the 21 percentage points separating the two categories. The remaining 14% difference is interpreted as evidence of discrimination.

External Url http://teo_english.site.ined.fr/; insee.fr/fr/ffc/docs_ffc/ES431H.pdf; insee.fr/fr/ffc/docs_ffc/ref/FPORSOC10F.pdf

See other countriesSee indicator history

Overall immigrants and their descendants receive an average hourly wage lower than the majority population

Qualitative Info

The Origins and Trajectories (TeO) study shows that overall immigrants and their descendants receive an average hourly wage lower than the majority population (18%,15%, 14%, 13% less, for example, for immigrants and descendants of immigrants from Turkey, sub-Saharan Africa,  other countries of the EU27, Algeria accordingly). This inequality can be explained by both individual characteristics (age, qualifications, place of residence, family composition), characteristics of employment, the characteristics specific to immigrants (use of language, nationality, length of time in France) and, finally, by occupational category. However, when monitoring structural effects associated with individual characteristics and employment, although 'the differences in earnings of immigrants with the majority disappear among women', they persist 'for men from sub-Saharan Africa and South-east Asia and are wider than for the descendants of immigrants'.

External Url http://teo_english.site.ined.fr/

See other countriesSee indicator history

There are no legal restrictions of exclusion of migrants regarding membership and participation in trade unions. Some local or sectorial unions are ethnic.

Qualitative Info

There are no legal restrictions of exclusion of migrants regarding membership and participation in trade unions: Labour Code allows foreigners to be members and managers of trade unions. De facto, some local or sectorial unions are ethnic (building trade, cleaning) as there is the ethnicisation of some tasks or activities.

External Url http://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA000006177912&cidTexte=LEGITEXT000006072050&dateTexte=20120101

See other countriesSee indicator history

Public sector jobs are closed to foreign nationals from outside the European Union, with the minor exceptions.

Qualitative Info

On 15 December 2010, the Observatory for Inequalities (Observatoire des inégalités) proposed a data mining project using the National Institute of Statistics and Economic Studies (INSEE) data collected in 2007 to produce a profile of socio-economic categories for foreigner workers. The Observatory for Inequalities found that 5.3 million jobs in France were closed to foreign workers. While most of these are jobs in the public sector, nearly 800,000 of them are in the private sector. Public sector jobs are closed to foreign nationals from outside the European Union, with the exception of certain university posts and hospital doctor posts. In the private sector, bodies governing the professions do not recognize, for the most part, foreign qualifications, reducing the opportunity for foreigners to exercise their profession in France. The Observatory for Inequalities considers that the partial closure of the labour market to foreigners is one of the explanations for high unemployment among foreign populations in France, including young immigrants, and recalls that the HALDE had issued a recommendation in 2009 judging these practices discriminatory.

 

 

 

External Url http://inegalites.fr/spip.php?article1480&id_mot=112

See other countriesSee indicator history

France does not recognise the existence on its territory of minorities as holders of collective rights enforceable under its legal system.

Qualitative Info

France does not recognise the existence on its territory of minorities as holders of collective rights enforceable under its legal system.

See other countriesSee indicator history

Yes

Qualitative Info

For four years, the HALDE has been developing a dialogue with major French companies through an annual survey which offers an overview of the fight against discrimination. In 2009, 174 out of the 280 contacted companies have sent a reply. The results of this survey have been published in 2010 and allow to locate some good practices put in place by these companies (especially in the hiring process, where more than 25% of the companies which have participated in this survey concerning discrimination  and responded to questions). However, it has to be noted that only 10% of the reported actions concern the fight against origin-based discrimination.

For three years, the HALDE has been developing the same process with employment intermediaries (agencies, proposing temporary jobs, recruitment agencies, employment public service). In 2009, 143 out of the 200 contacted intermediaries have sent a reply. The results of this survey have been published in 2010 and let see significant advance in the fight against discrimination within these employment intermediary structures (for exemple, 82% of them, against 70% in 2007, put the non-discrimination principle on their communication media, and 62%, against 48% in 2007, insert information about discrimination into their contracts).

For the first time in 2009, the Halde has polled the local authorities (regional councils, departmental councils, large city councils) on their practices as employers. 104 out of the contacted authorities have replied. The results published in 2010 show that  31% of them implement specific actions to raise the antidiscrimination awareness of employees in charge of the hiring process.

External Url http://halde.defenseurdesdroits.fr/-Guides-.html

See other countriesSee indicator history

Yes

Qualitative Info

Immigrants and their descendants, especially from North Africa, Turkey and sub-Saharan Africa are less likely to own a home, and more likely to occupy social housing, than the majority population. Roma migrants are today particular vulnerable group amongst French society, exposed to the danger of suffering violations of their rights in the housing area.

External Url http://teo.site.ined.fr/

See other countriesSee indicator history

Roma migrants

 

Qualitative Info

Roma migrants are today a particularly vulnerable group amongst French society, exposed to the danger of violation of their most fundamental rights, primarily in the housing field.

On the 28th of July 2010 French authorities announced the dismantling of 300 illegal encampments.  Following this plan 441 illegal encampments (most of them were Roma encampments) had been dismantled since the beginning of August 2010. After elections in 2012 dismantling camps and offering free flights and financial incentives for Roma to return to their countries of origin continue. Though, at the end of August 2012, the government published a circular on “evacuation of illegal camps: anticipation and attendant measures”. The circular stipulates that clearances would only be carried out on the basis of court orders and ideally with a plan for alternative accommodation having been established first.

---

 

Source:

• Circulaire interministérielle relative à l’anticipation et à l’accompagnement des opérations d’évacuation des campements illicites (Interministerial circular on evacuation of illegal camps: anticipation and attendant measures), 26.08.2012, http://www.gisti.org/IMG/pdf/norintk1233053c.pdf, Accessed on 19.12.2012

 

See other countriesSee indicator history

Yes

Qualitative Info

There is a significant level of segregation between French Travelers' minority group and the majority population.

Two legislative texts from 31 May 1990 for the implementation of the right to housing and from 5 July 2000 on the reception and housing of Travellers, known as ‘Besson Laws 1 and 2’ create an obligation for towns and cities with more than 5,000 inhabitants (following an evaluation of the needs) to make halting sites available. In return, such towns and cities may forbid Travellers to park on the rest of the council territory. It appears that, almost 20 years after their coming into force, the effectiveness of these laws remains in fact very relative: Travellers are faced with a great lack of spaces on halting sites and evictions have been made easier since the home security law of 13 March 2003. As a result, a high proportion of Travellers are forced to travel and settle on unregulated encampments. Spaces to park in halting sites which have been found for Travellers are most often located in segregated areas, meeting only very partially the minimum living standards (e.g. access to water, electricity, sanitation). These are sometimes built like enclosures with high walls and managed very differently depending on location, which implies differences in daily costs, leading to a discriminatory situation particularly detrimental for such poor populations. Due to difficulties in parking on regulated halting sites, a high number of Travellers live in unregulated encampments with no access to the minimum basic services for leading a decent life. For Travellers who settle permanently on their own sites, access to water and electricity is only ever granted temporarily, and there is a constant risk of having this access suspended. Travellers live in a permanently insecure environment due to the threat of eviction. Travellers are excluded from social inclusion processes, and are marginalised in society with an increasingly high number of other social outcasts.

External Url http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000159413&fastPos=1&fastReqId=1026378303&categorieLien=cid&oldAction=rechTexte; http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000583573&fastPos=1&fastReqId=1064480752&c...

See other countriesSee indicator history

Travellers

Group Travellers

Qualitative Info

Travellers is the highly segregated minority group. Most of them are French citizens but identify themselves historically or through family as Gypsies, Roma, Manouche, Sinti, Kalé or Yéniche. France designates the "Traveller" community by its mode of living and does not recognise the existence on its territory of minorities as holders of collective rights that are enforceable under its legal system.

 

 

 

 

 

See other countriesSee indicator history

No data available in 2011

Qualitative Info

No data available in 2011

See other countriesSee indicator history

Yes

Qualitative Info

 

In 2012 dismantling camps and offering free flights and financial incentives for Roma to return to their countries of origin continue. Though, at the end of August 2012, the government published a circular on “evacuation of illegal camps: anticipation and attendant measures”. The circular stipulates that clearances would only be carried out on the basis of court orders and ideally with a plan for alternative accommodation having been established first.

---

 

Source:

• Circulaire interministérielle relative à l’anticipation et à l’accompagnement des opérations d’évacuation des campements illicites (Interministerial circular on evacuation of illegal camps: anticipation and attendant measures), 26.08.2012, http://www.gisti.org/IMG/pdf/norintk1233053c.pdf, Accessed on 19.12.2012

 

External Url http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/France/FRA-CbC-IV-2010-016-ENG.pdf

See other countriesSee indicator history

Yes

Qualitative Info

According to the decision of the Council of Europe's European Committee of Social Rights on 19 October 2009, European Roma Rights Center v. France, France was violating housing rights as defined in the Charter, in particular, on the ground of the poor living conditions of Romani migrants.

External Url http://hudoc.esc.coe.int/esc2008/query.asp?action=query&timestamp=58523.79

See other countriesSee indicator history

Roma migrants and Travelers

Qualitative Info

Roma migrants and Travelers face especially serious problems in accessing housing of an acceptable quality.

See other countriesSee indicator history

Yes

Qualitative Info

Halde notes that the application of an immigrant, or of a person of immigrant origin, to rent an appartment is often refused although coming with all the required financial guarantees. Generally, the applicant is told that the appartment is not to rent anymore or has already been rented to someone else.

In 2010 the mayor of Pont-de-Chéruy (Isère) was found guilty of racial discrimination and sentenced by the Grenoble Court of Appeal to a 5-year deprivation of his civil rights (implying his ineligibility), as well as to pay for compensation 13000 euros to one of the claimants, 3000 euros to the other, and 1500 to the NGO "SOS Racisme" that supported the claimants. The mayor was convicted of having "wrongfully used his pre-emptive right to a discriminatory end" in order to "prevent potential buyers - with a North African-sounding name - of real estate to settle in the city". A police investigation had previously shown that, between 1998 and 2003, 1,5% of buyers from European origin were faced with a pre-emption of the mayor in this city, whereas it was the case for 53% of buyers from North African or Turkish origin.

---

HALDE Report 2011

External Url http://www.leprogres.fr/faits-divers/2011/06/22/discrimination-raciale-le-maire-de-pont-de-cheruy-sera-rejuge-en-appel; http://halde.defenseurdesdroits.fr/IMG/pdf/RA_Halde_2010.pdf

See other countriesSee indicator history

Persons of North African or Turkish origin.

Qualitative Info

Persons of North African or Turkish origin.

See other countriesSee indicator history

Travellers continue to encounter many difficulties, and even refusals, when they seek to enrol their children in school.

Qualitative Info

 

Notwithstanding the fact that schooling is compulsory, some municipalities continue to refuse to enroll Travelers’ children in primary schools, on the ground that they will not be there long enough, that an eviction procedure is under way as their residence status is irregular or that the classes are full. On the 12^th of September 2012 the Ministry of National Education signed the circular that recalls schools’ obligation to accept children from such families.

---

 

Source:

• Ministry of National Education, 12.09.2012, Circular, http://francaislangueseconde.awardspace.com/wp-content/uploads/2009/04/2012a-nouvelle-circulaire.pdf, Accessed on 19.12.2012

External Url http://halde.defenseurdesdroits.fr/-Rapports-annuels-.html

See other countriesSee indicator history

Roma migrants continue to encounter many difficulties, and even refusals, when they seek to enrol their children in school.

Qualitative Info

 

Roma migrants continue to encounter many difficulties, and even refusals, when they seek to enroll their children in school. The NGOs Romeurope estimates that “between 5,000 and 7,000 Roma children being in France today will reach their 16^th birthday without having ever attended school”. ECRI also reports refusals to enroll children of Roma migrants, primarily linked to the children’s ethnic origin and completely unlawful. On the 12^th of September 2012 the Ministry of National Education signed the circular that recalls schools’ obligation to accept children from such families.

---

 

 

Source:

• Ministry of National Education, 12.09.2012, Circular, http://francaislangueseconde.awardspace.com/wp-content/uploads/2009/04/2012a-nouvelle-circulaire.pdf, Accessed on 19.12.2012

External Url http://www.romeurope.org/IMG/Rapport%20Romeurope%202009-2010.pdf

See other countriesSee indicator history

Yes

Qualitative Info

The Trajectories and Origins survey was devoted to the educational level of immigrants and their descendants. It shows that there are wide differences in education levels according to origin, which can be attributed to the time of migration, to the different modes of admission, and to achievements in formal education in the country of origin. The differences between the majority and the immigrant population diminish when comparing the majority population and the population of descendants of immigrants: to quote the authors, 'the level of immigrants rises'. The fact remains that 'among the descendants of immigrants whose parents are from Algeria, Morocco, Tunisia and Turkey, the proportion of men with no, or low level,  qualifications is almost twice as high as in the majority population'. The fact that girls do better than boys is confirmed for the daughters of immigrants 'regardless of their origins, with the exception of the descendants of immigrants from Turkey'.

The rate of pupils leaving education with no formal qualifications varies greatly according to the parents' country of birth. It is very high for the children of immigrants from Turkey (27%), and remains significant for the descendants of immigrants from Africa (18% for those from Algeria, Morocco, 15% for Tunisia, and 16% for the rest of Africa and central Guinea). These are followed by the descendants of immigrants from Portugal, Southeast Asia, Spain and Italy. The difference between the immigrant population and the majority population is also evident in the type of qualification, 'many descendants of immigrants born in Turkey and Portugal (over 38%) have acquired a professional qualification (CAP-BEP), against one quarter of the majority population (and 31% and 27% of descendants from Sahelian Africa and Algeria)'.

 

External Url http://www.ined.fr/fichier/t_telechargement/42995/telechargement_fichier_fr_dt168.13janvier11.pdf

See other countriesSee indicator history

Yes

Qualitative Info

 

 

 

The expulsion of Roma families from their living places, their precarious situation, living conditions that are not compatible with the completion of homework and the fear of deportation or arrest on the way to school, prevent the schooling of children and lead to the fragmentation of educational experience.  

The shortage of places on halting sites and the refusal of some families to park on those sites inevitably lead to illegal halting on “unauthorized” sites and incessant evictions, which hinder any possibility of enrolling Travellers' children in schools.

On 12 September 2012 three circulars relating to the education of newly arrived children and children of homeless families and travellers were published by the Ministry of Education. The first text "aims to encourage regular attendance at school to improve the education of pupils from homeless families and travellers" [1]. The second refers to the obligation for municipalities to cater for children in schools [2]. The third circular "aims to define the missions and organisation of Casnav" (academic centers for the education of newcomers and Travellers’ children created in 2002) [3]. The new circulars not only recall the right to education for children and the continuity of schooling, they also provide the creation of "national education referents” in education authority districts and departments to report cases of non-schooling or non-enrollment.

---

 

 

 

Sources:

1.  Ministry of National Education, 12.09.2012, Circulaire relative à l’organisation de la scolarité des élèves allophones nouvellement arrives (Circular on the organization of schooling of newly arrived allophone students), http://francaislangueseconde.awardspace.com/wp-content/uploads/2009/04/2012a-nouvelle-circulaire.pdf, Accessed on 19.12.2012
2.  Ministry of National Education, 12.09.2012, Circulaire relative à la scolarisation et scolarité des enfants issus de familles itinérantes et de voyageurs (Circular on the education and schooling of children from migrant and Travellers’ families), http://www.education.gouv.fr/pid25535/bulletin_officiel.html?cid_bo=61529, Accessed on 19.12.2012
3. Ministry of National Education, 12.09.2012, Circulaire relative à l’Organisation des Casnav (Circular on CASNAV organization), http://www.education.gouv.fr/pid25535/bulletin_officiel.html?cid_bo=61527, Accessed on 19.12.2012

 

External Url http://www.ldh-france.org/Rapport-Romeurope-2009-2010-sur-la

See other countriesSee indicator history

Yes

Qualitative Info

The Report of the High Council for Integration (HCI) is devoted to the 'challenges of integration in schools'. It makes 50 recommendations to facilitate the integration of young immigrants. Of these, some include compulsory education for 3 years, the creation of reception classes in city centres for children arriving from overseas, the establishing of a longitudinal study of young immigrants, the  abolishing of teaching schemes for languages and cultures of origin, awareness-raising among parents, and, a proposal that has caused some indignation, a reminder of the link between the right to receive family benefits and obligations with respect to compulsory education. Reception of the report was  reserved, especially from certain education unions.

In primary schools, migrant newly arrived children can already benefit, during a variable period, from introductory classes (Classe d’initiation, CLIN), i.e. daily classes lasting several hours to give students (aged 7 to 12) intensive courses in French tailored to their needs, or from integrated remedial course (Cours de rattrapage intégré, CRI), i.e. intensive courses in French provided by a part-time teacher who works at the school with small groups of students, as needed. A similar system exists in secondary school. But in all cases, children are returned full time to the class of their age group as soon as  possible.

The fight against racism and antisemitism in national education is growing with the strengthened partnership signed between the Ministry and LICRA on 5 July 2011.

External Url http://www.ladocumentationfrancaise.fr/rapports-publics/114000053/index.shtml

See other countriesSee indicator history

There are few cases

Qualitative Info

According to the 'Information and Vigilance System for School Safety' (SIVIS) survey that collects data on serious incidents in schools, acts of racism, antisemitism and xenophobia constitute only about 0.6 incidents per 1,000 students (the proportion of such acts being slightly higher in colleges). The report of the National Consultative Commission of Human Rights (CNCDH), which summarizes the results of the survey, estimates that the number of incidents has not increased significantly in recent years, and noted that physical violence decreased while verbal abuse is increasing. The perpetrators are overwhelmingly students (90%), and students are the victims in 64% of cases. The reporting rate by student victims of violence also appears slightly higher.

 

External Url http://www.ladocumentationfrancaise.fr/rapports-publics/114000197/

See other countriesSee indicator history

Students from foreign origin can benefit from classes called “Education in Languages and Cultures of Origin".

Qualitative Info

Students from foreign origin can benefit from classes called “Education in Languages and Cultures of Origin” (Enseignement des langues et cultures d’origine, ELCO), provided after school and on an optional basis by teachers posted and paid by the relevant countries, under bilateral agreements. So far, such agreements have been signed with Italy, Spain, Portugal, Algeria, Morocco, Tunisia, Turkey and former Yugoslavia. Students also have the opportunity to take an optional test in 47 regional and foreign languages for the baccalauréat exam. Of those languages, 22 may be offered for the compulsory examination.

See other countriesSee indicator history

No

Qualitative Info

In primary schools, migrant newly arrived children can benefit, during a variable period, from introductory classes (Classe d’initiation, CLIN), i.e. daily classes lasting several hours to give students (aged 7 to 12) intensive courses in French tailored to their needs, or from integrated remedial course (Cours de rattrapage intégré, CRI), i.e. intensive courses in French provided by a peripatetic teacher who works at the school with small groups of students, as needed. A similar system exists in secondary school. But in all cases, children are returned full time to the class of their age group as soon as  possible.

See other countriesSee indicator history

No

Qualitative Info

There is no evidence of school segregation or policies of separate/distinct schooling of minorities

See other countriesSee indicator history

Yes

Qualitative Info

According to the the survey “Trajectories and Origins”, immigrant men and women are 30% and 80% respectively more likely to suffer from impaired health than men and women of the majority population – a gap almost disappearing when the comparison is made between persons with the same socioeconomic status. It means that, as far as health is concerned, the differences between the majority population and immigrants are mainly due to the latter’s “social characteristics and living conditions in France, less favourable than those of the majority population”. The immigrants from Turkey, North Africa and Portugal describe themselves most often in poor health.

External Url http://teo_english.site.ined.fr/

See other countriesSee indicator history

Life expectancy of Roma people is ten years lower than the majority’s one.

Qualitative Info

 

According to the 2012 Report of Ile-de-France Regional Health Observatory, life expectancy of Roma people is ten years lower than the majority’s one.

---

 

Source:

• Ile-de-France Regional Health Observatory, 2012, Rapport « Situation sanitaire et sociale des « Rroms migrants » en Île-de-France (Report “Health and social situation of Roma migrants in Ile-de-France”), http://www.ors-idf.org/dmdocuments/ORS_Rapport_Rroms.pdf, Accessed on 26.12.2012

See other countriesSee indicator history

There is no evidence of forced heatlhcare/intervention practices (e.g. sterilisation) to minorities.

Qualitative Info

There is no evidence of forced heatlhcare/intervention practices (e.g. sterilisation) to minorities.

See other countriesSee indicator history

Respiratory, digestive and musculoskeletal disorders were found more often among immigrants

Qualitative Info

Respiratory, digestive and musculoskeletal disorders were found more often among immigrants

External Url http://www.medecinsdumonde.org/En-France/Observatoire-de-l-acces-aux-soins

See other countriesSee indicator history

Yes

Qualitative Info

Some groups declare more than the others to have been refused health care services over the last twelve months: 13% of men from Tunisia and Morocco as well as from Sahelian Africa (to be compared to 9% of men of the majority population); 15% of women from Algeria, Sahelian Africa, and Guinean and Central Africa (to be compared to 12% of women of the majority population). These slight differences are not exclusively due to financial reasons, which are, for example, put forward by more than 6 out of 10 immigrant men from Sahelian Africa who have declared such a refusal, but by only 2 out of 10 immigrant men from Southeast Asia in the same situation.

The health situation of Roma seems to have deteriorated. The increased police pressure (that does not necessarily lead to expulsions or voluntary returns) worries the associations that work with Roma, since they feel it has a damaging impact on health. As such, an investigation by Médicins du Monde (Doctors of the World) of 281 people from the Roma community shows that though the majority of the population has been previously vaccinated, vaccination schedules seem to be up-to-date for only 8% of the community.

In July 2012, the National Assembly and the Senate voted to remove the €30 participation fee for undocumented migrants to access State Medical Care (Aide médicale d'État - AME), that was imposed in 2011.

The new Law No. 2011-672 of 16 June 2011 amends Article L. 313-11 of the Code for the entry and residence of foreigners, and the right to asylum relative to the right of residence for foreign patients. It replaces the condition 'the lack of practicable care in the country of origin', as grounds for residence rights, by 'the absence of appropriate treatment', adding, however, the possibility to remain in 'exceptional humanitarian circumstances'. A foreigner living in France and suffering from a serious illness could now be denied the renewal of a residence permit on health grounds if treatment is available in their country of origin, regardless of the accessibility of this treatment. The Law increases the gravity of the consequences when a residence permit is refused, in that it allows the administration to tie the refusal to a ban on returning to the whole of the Schengen area.

 

External Url http://teo_english.site.ined.fr/; http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000024191380&fastPos=1&fastReqId=1550750498&categorieLien=id&oldAction=rechTexte;

See other countriesSee indicator history

Yes

Qualitative Info

Statistical surveys on employment show that the unemployment rate of immigrants is almost twice the unemployment rate of non-immigrants. Foreigners or people of foreign origin constitute a large part of the group of beneficiaries of the Universal health care coverage (CMU) which covers residents not protected by any other health insurance with low income.

See other countriesSee indicator history

Yes

Qualitative Info

According to the the survey “Trajectories and Origins”, immigrant men and women are respectively 30% and 80% more likely to declare an impaired health than men and women of the majority population – a gap almost disappearing when the comparison is made between persons with the same socioeconomic status.

In February 2010, the French section of Médecins du Monde organized a forum entitled Roma Health in France: A Sanitary Emergency?, whose published synthesis report mentions that only 1 out of 10 Roma pregnant women receives medical checks during her pregnancy.

External Url www.medecinsdumonde.org/fr/content/download/15895/168142/file/FORUM%20ROMS%20mars10_Synthese.pdf

See other countriesSee indicator history

Yes

Qualitative Info

Each public hospital establishes a list of the languages spoken by the members of its staff, whether they belong to the medical, administrative or technical staff. These persons are called as and when needed to speak a minority language with patients. This system entails local disparities, since not all minorities are equally spread over the national territory, but no exemplary incidents or cases have been made public.

See other countriesSee indicator history

No data available

Qualitative Info

No data available

See other countriesSee indicator history

It isn't a criterion but some linguistic rights are respected

Qualitative Info

France does not recognise the existence on its territory of minorities as holders of collective rights enforceable under its legal system, and does not participate in international agreements for the protection and promotion of minority rights.

Regional languages (defined as “languages that have been spoken in some parts of the country longer than French”) or dialects spoken on the French territory are not recognised as minority languages. In this respect, it has to be noted that France has still not ratified the European Charter for Regional or Minority Languages that it signed in 1999. However, the reform of 21 July 2008 has introduced a new article in the Constitution, stating that “regional languages are part of France’s heritage”. As far as schools are concerned, the last available data show that, in 2005-2006, over 400,000 students received instruction in regional languages through special classes or bilingual curricula (70% of them at the primary level, 30% at the secondary). Bilingual curricula are also provided by private associative schools such as Diwan for Breton, Seaska for Basque, Calandretas for Occitan and Bressola for Catalan. The law of 5 March 2009 stipulates that public radios and TV channels have to contribute to the expression of regional languages. Compliance is very uneven, with the use of regional languages ranging from a few minutes to several hours a day, depending on the language, the broadcaster and on whether programmes are on radio or TV. Overall, every day, several hundred programmes in a dozen regional languages are broadcast in France, particularly in the overseas départements. The French Ministry for the Arts also recognizes and supports (mainly through financial support to cultural organizations and events) the maintenance of “non-territorial languages”, i.e. “languages associated with immigration, but long in use by a significant number of French people” and not having “any official status in any other country”. They include dialects of Arabic, western Armenian, Berber, Judeo-Spanish, Romani and Yiddish.

 

External Url www.assemblee-nationale.fr/english/8ab.asp#XII;www.dglf.culture.gouv.fr/publications/Reference09_Langues_de_France.pdf; www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000020352071;

See other countriesSee indicator history

No

Qualitative Info

According to the Law relating to the contract of association of July 1, 1901, association is the convention by which two or several people share, in a permanent way, their knowledge or their activity with a different aim than to share benefit. It doesn't contain any restrictions concerning migrants, but points out that any association founded on a cause or for an illicit, contrary object with the laws, the moralities, or the purpose of which would be to attack the integrity of the national territory and to the republican shape of the government, is null and of no effect.

Neither Law of June 30, 1881 on freedom of assembly, nor Law of March 28, 1907 on public meetings contain any restrictions concerning migrants.

 

 

See other countriesSee indicator history

France does not recognise the existence on its territory of minorities as holders of collective rights enforceable under its legal system.

Qualitative Info

France does not recognise the existence on its territory of minorities as holders of collective rights enforceable under its legal system.

See other countriesSee indicator history

Yes

Qualitative Info

 

The recent law banning the wearing of full-face veil in public, adopted on 14 September 2010, applies to “any person wearing in public space clothes aimed at hiding his or her face”. But in practice it targets Muslims as a religious minority. In spite of the opinions delivered by the French National Consultative Commission on Human Rights (CNCDH) and by the Parliamentary Assembly of the Council of Europe (PACE), both of which reminded that the wearing of the full veil was a very minor phenomenon in France (about 2,000 women would be affected) and both of which were against a general ban, the adopted law defines public space very broadly, including not just government buildings and public transport, but all streets, markets and thoroughfares, as well as all places open to the public such as entertainment venues. Any person defying the ban will be fined with €150 and/or follow a course of citizenship lessons, and any person forcing another to go veiled would be fined €30,000 and serve up to 1-year jail term (€60,000 and 2-year if the veiled person is a minor). The law was reviewed by the Constitutional Council, which confirmed its legality and specified that "prohibiting the concealing of the face in public cannot, without adversely affecting Article 10 of the Declaration, result in restricting the exercising of religious freedom in places of worship open to the public". The law provides for a six-month period of "education" to explain to women already wearing a full veil that they face a fine if they continue to do so in any public space. Even though human rights organizations, as well as the above-mentioned institutions, brought to the attention the risk that this law unfairly stigmatised a vulnerable group, the ban enjoys a broad popular support, some 65-70 per cent of respondents in France positioning themselves in favour.

 

External Url http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=132A9CA5965B29065B41A967A3685AA6.tpdjo14v_2?cidTexte=LEGITEXT000022912210&dateTexte=20120110; http://www.conseil-constitutionnel.fr/conseil-constitutionnel/root/bank/download/2010613DCen2010_613dc...

See other countriesSee indicator history

The representatives of the written press signed the Diversity Charter in 2011. There are also some positive measures for promoting media in regional languages

Qualitative Info

The representatives of the written press signed the Diversity Charter in 2011. They are invited to respond to the questionnaire each year and descibe implemented actions.

According to the law of 5 March 2009, public radios and TV channels have to contribute to the expression of regional languages. The use of regional languages could range from a few minutes to several hours a day, depending on the language, the broadcaster and on whether programmes are on radio or TV. Overall, every day, several hundred programmes in a dozen regional languages are broadcast in France, particularly in the overseas departments.

 

External Url www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000020352071

See other countriesSee indicator history

There are positive measures for promoting for minority and lesser used language in the media.

Qualitative Info

 

Regional languages (defined as “languages that have been spoken in some parts of the country longer than French”) or dialects spoken on the French territory are not recognised as minority languages. However, the reform of 21 July 2008 has introduced a new article in the Constitution, stating that “regional languages are part of France’s heritage". Publications in regional languages enjoy the same advantages as those in French, including reduced tax and postal charges, targeted assistance for regional weeklies, etc. Concerning radio and television, the law of 5 March 2009 also stipulated that public radios and TV channels have to contribute to the expression of regional languages. Compliance is very uneven, with the use of regional languages ranging from a few minutes to several hours a day, depending on the language, the broadcaster and on whether programmes are on radio or TV. Overall, every day, several hundreds of programmes in a dozen regional languages are broadcasted in France, particularly in the overseas départements.

 

External Url www.dglf.culture.gouv.fr/publications/Reference09_Langues_de_France.pdf;

See other countriesSee indicator history

Yes, migrants participate effectively in sport

Qualitative Info

Yes, migrants participate effectively in sport. But the number of racist incidents is rather high (in men's professional football - 70 for the period 2003-2008; in men's organized amateur football - 38 for the period 2003-2008 )

---

FRA Racism, ethnic discrimination and exclusion of migrants and minorities in sport, 2010

External Url http://fra.europa.eu/fraWebsite/attachments/Report-racism-sport_EN.pdf

See other countriesSee indicator history

France does not recognise the existence on its territory of minorities as holders of collective rights enforceable under its legal system, that is why there is no data confirming that their participation in sports activities differs from what is typical of the remaining part of the society. An exception to that principle are the Roma.

Qualitative Info

France does not recognise the existence on its territory of minorities as holders of collective rights enforceable under its legal system, that is why there is no data confirming that their participation in sports activities differs from what is typical of the remaining part of the society. An exception to that principle are the Roma who, due to a lower standard of living, have more limited access to sports.

See other countriesSee indicator history