The Defender of Rights created by Constitutional Law integrated the French High Authority against Discrimination and for Equality and exercises its functions. Among examples of the contribution to the equality there are: the Ministry of education program aiming to favor equal opportunities for French and immigrant students, obligation of public radios and TV channels introduced by law to contribute to the expression of regional languages.

Clear
  • Anti-discrimination Legislation & Implementation

    The French law forbids discrimination. The Constitutional Council decided that the list of grounds of discrimination was open. Under the Constitution, Treaties and International Conventions ratified by France are of superior value to national law, which therefore includes all criteria of discrimination enumerated therein. The Defender of Rights fights against discrimination and for equality. But there are still many barriers to effective implementation of such legislation in France.

    • Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?

      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.

       

       

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • On grounds of disability

      Key socio-economic / Institutional Areas

      • Anti-discrimination

      External Url http://www.defenseurdesdroits.fr

      See other countriesSee indicator history
    • Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?

      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.

       


       

      Groups affected/interested

      • Ethnic minorities

      Type (R/D)

      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Anti-racism
      See other countriesSee indicator history
    • Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?

      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
    • Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?

      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.



       
       

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?

      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".

       

       

       

      Groups affected/interested

      • Majority

      Type (R/D)

      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Daily life

      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
    • Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?

      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.

      Groups affected/interested

      • Majority

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

      See other countriesSee indicator history
    • Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?

      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.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      See other countriesSee indicator history
    • Is class action or actio popularis possible? (court claims or action in the name of a group)

      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

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Ethnic minorities
      • Religious minorities

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-discrimination
      See other countriesSee indicator history
    • Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?

      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.

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • On grounds of disability
      See other countriesSee indicator history
    • Are there any problems concerning the implementation of national legislation prohibiting discrimination?

      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.

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      See other countriesSee indicator history
    • Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?

      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

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Persons with disability

      Type (R/D)

      • Extremism - organised Racist Violence
      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • On grounds of disability

      Key socio-economic / Institutional Areas

      • Anti-discrimination

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

      See other countriesSee indicator history
  • Employment

    The unemployment rate for immigrants is particularly high for those from Algeria, Morocco, Tunisia and sub-Saharan Africa. Overall immigrants and their descendants receive an average hourly wage lower than the majority population. Public sector jobs are closed to foreign nationals from outside the European Union, with the minor exceptions. Generally, the migrants have to obtain a work permit.

    • Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions

      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.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market

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

      See other countriesSee indicator history
    • Legal obstacles to access employment in the public sector under equal conditions for migrants

      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.

       


       

      .

       

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Anti-discrimination

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

      See other countriesSee indicator history
    • Legal restrictions and/or effective practices of exclusion of minorities regarding membership of and participation in trade unions

      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.

      Groups affected/interested

      • Ethnic minorities

      Type (R/D)

      • Intra-ethnic

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Does the law provides for legalizing the situation of illegal immigrants in order to ensure their right to work and access to social protection and care?

      A new circular on the criteria for legalizing of illegal immigrants situation was signed on November 28, 2012 and comes into force on December 3, 2012. It defines conditions for the legalization of illegal employees, families, spouses of foreigners, unaccompanied minors and young adults.

      Qualitative Info

      A new circular on the criteria for legalizing of illegal immigrants situation was signed on November 28, 2012 and comes into force on December 3, 2012. It defines conditions for the legalization of illegal employees, families, spouses of foreigners, unaccompanied minors and young adults.

      The situation of the illegal employees can be legalized in 3 cases: they have to justify their presence in France during five years and eight months of work over the last two years or their presence in France during three years and two years of work or their presence in France during seven years and eight months of work. The temporary and part-time jobs will be accepted. But the employer of workers in irregular situation revealing these facts will be exposed to the recovery of taxes.

      The legalization will be also possible for families justifying their presence of at least five years on French territory and having at least one child enrolled to school since three years. Even if both parents are in irregular situation, they have now the right to file a case.

      The spouse of a foreigner in regular situation can be legalized if he/she justifies his/her presence in France during five years, 18 months of common life (against five years ago), and sufficient resources.

      Circular allows new possibilities for legalization of unaccompanied minors and young adults. A young adult has to arrive in France before the age of 16 unless all family members are in regular situation. Only the young adults who arrived in France before the age of 13 years were automatically legalized before.

      The Circular does not set any "quotas".

      According to the ministry of the Interior, approximately 350 000 illegal immigrants are currently living in France.

      Since 1981 there have been four waves of legalization: 1981 - legalization of 130 000 foreigners; in 1987 – legalization of 13 300 asylum seekers; 1992 - legalization of 80 000 spouses of foreigners in regular situation and foreign patients; 2006 – regularization of 7000 parents of children enrolled to school.


      Sources :

      1. Ministry of the Interior, 28.11.2012, Circular n°NOR INTK1229185C, http://circulaires.legifrance.gouv.fr/pdf/2012/11/cir_36120.pdf, Accessed on 28.11.2012
      2. Le Monde, 28.11.2012, Sans-papiers : Manuel Valls entrouvre la porte de la régularisation (Foreigners in irregular situation : Manuel Valls opens the door to the legalization), http://www.lemonde.fr/societe/article/2012/11/28/sans-papiers-m-valls-entrouvre-la-porte-de-la-regularisation_1796928_3224.html, Accessed on 28.11.2012
      3. Le Parisien, 28.11.2012, Sans-papiers : Valls publie ses nouveaux critères de régularisation (Foreigners in irregular situation : Valls publishes its new regulation criteria), http://www.leparisien.fr/politique/nouveaux-criteres-de-regularisation-pour-les-sans-papiers-28-11-2012-2362395.php, Accessed on 28.11.2012

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Integration - social cohesion
      See other countriesSee indicator history
    • Are there examples of good practices and positive initiatives against discrimination/racism at the workplace?

      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.

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Anti-discrimination

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

      See other countriesSee indicator history
  • Housing & Segregation

    Travellers and Roma are the highly segregated groups in France and face especially serious problems in accessing housing of an acceptable quality. 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. Their applications to rent an apartment are often refused.

  • Education

    Travellers and Roma continue to encounter many difficulties, and even refusals, when they seek to enroll their children in school.  In primary and secondary schools migrant newly arrived children can benefit from introductory classes to give students intensive courses in French tailored to their needs, or from integrated remedial course. The Ministry of education program aiming to improve the school climate and to favor equal opportunities is carried out.

    • Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?

      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 12th of September 2012 the Ministry of National Education signed the circular that recalls schools’ obligation to accept children from such families.



       

      Source:

      Groups affected/interested

      • Roma & Travelers

      Key socio-economic / Institutional Areas

      • Education

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

      See other countriesSee indicator history
    • Practical obstacles and evidence of problems and differential enrollment rates for migrants?

      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 16th 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 12th of September 2012 the Ministry of National Education signed the circular that recalls schools’ obligation to accept children from such families.



       

       

      Source:

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Education

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

      See other countriesSee indicator history
    • Poorer educational performance by certain groups?

      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)'.

       

      Key socio-economic / Institutional Areas

      • Education

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

      See other countriesSee indicator history
    • Problems with educational attainement by certain groups (drop out - fragmentation of educational experience)?

      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

       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia
      • Intra-ethnic

      Key socio-economic / Institutional Areas

      • Education

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

      See other countriesSee indicator history
    • Are there positive initiatives to improve/support poor educational provision for migrant and minority groups?

      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.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education

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

      See other countriesSee indicator history
    • Victimisation in schools (bullying/harassment/racist violence) ?

      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.


       

       

      Key socio-economic / Institutional Areas

      • Education
      • Anti-racism

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

      See other countriesSee indicator history
    • Provision of option to learn mother language other than the majority's

      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.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Evidence of modifying school curricula and teaching materials can be modified to reflect the diversity of the school population

      Yes

      Qualitative Info

       

      The themes: “Equality and fight against discrimination”, “European protection of the human rights” are proposed in the framework of the new school subject “Law and key issues of the contemporary world” introduced in the literary classes in 2012. 

      Groups affected/interested

      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Education

      External Url http://eduscol.education.fr/cid59321/droit-et-grands-enjeux-du-monde-contemporain.html

      See other countriesSee indicator history
    • Are there in schools good practices/positive initiatives and intercultural coexistence plans designed to solve problems of discrimination racism or xenophobia?

      Yes

      Qualitative Info

      From September 2010, the Ministry of education applies the special pilot program Clair (Collèges et Lycées pour l’Ambition, l’Innovation et la Réussite) in 105 secondary schools facing the  most difficult issues of school climate and violence. The program aims at improving the school climate and facilitate academic success; reinforcing the stability of teaching staff, and to favour equal opportunities. It contains several new measures regarding educational methods, school life management (including workshops for parents and the creation of a “Commission of school life” in charge of finding educative solutions for pupils not respecting the common rules), and human resources (with, among other measures, a special remuneration for teachers working in these schools).  

      On 5 July 2011, a convention of partnership was signed between the Ministry of Education and the International League Against Racism and Antisemitism (LICRA)  to improve the fight against racism and discrimination in schools. In addition to the renewal of previous partnership provisions (2007), the agreement provides that LICRA can intervene at the request of education officers, education authority inspectors or heads of schools and colleges faced with problems of racism, antisemitism and discrimination. LICRA may also participate in 'cultural or educational training solidarity activities' outside school hours. It will undertake to create a risk-prevention module associated with the internet and unwanted contact with sites inciting racial hatred.

       

      The themes: “Equality and fight against discrimination”, “European protection of the human rights” are proposed in the framework of the new school subject “Law and key issues of the contemporary world” introduced in the literary classes in 2012. The Action plan on fight against the bullying at school has been elaborated including measures against discrimination, racism and xenophobia online.


                  

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education

      External Url www.education.gouv.fr/cid52765/le-programme-clair-pour-les-colleges-et-lycees.html; http://media.eduscol.education.fr/file/Valeurs_republicaines/03/9/Convention_LICRA_2011_185039.pdf

      See other countriesSee indicator history
    • Is the teacher regular curricula/training dealing with specific reference to immigrants or ethnic minorities and respect/promotion of diversity?

      A pilot program is being implemented.

      Qualitative Info

      From September 2010, the Ministry of education program Clair (Collèges et Lycées pour l’Ambition, l’Innovation et la Réussite) is implemented on a pilot basis in 105 secondary schools facing the most difficulties regarding the school climate and violence. The program aims at improving the school climate and facilitate academic success of migrants and minorities; reinforcing the stability of teaching staff, and to favour equal opportunities. It contains several new measures regarding educational methods, school life management (including workshops for parents, and the creation of a “Commission of school life” in charge of finding educative solutions for pupils not respecting the common rules), and human resources (with, among other measures, a special remuneration for teachers working in these schools).  

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Intra-ethnic

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
  • Health And Social Protection

    The differences between the majority population and immigrants are mainly due to the latter’s less favorable social and living conditions. The health situation of Roma seems to have deteriorated. The Finance Act 2011 provides for a restriction on conditions for access for illegal aliens to State Medical Assistance. Foreigners or people of foreign origin constitute an important part among the beneficiaries of the Universal health care coverage which covers residents with low income.

    • Is there evidence of increased morbidity rates for minority and migrant groups?

      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.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection

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

      See other countriesSee indicator history
    • Specific health issues such as diseases specific to particular groups

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

      Qualitative Info

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

      Key socio-economic / Institutional Areas

      • Health and social protection

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

      See other countriesSee indicator history
    • Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?

      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.


       

       

       

       

       

      Groups affected/interested

      • Migrants
      • Roma & Travelers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Health and social protection

      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
    • Do migrants have a higher risk of poverty than the rest of the population?

      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.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Are there policies and/or good practices accomodating culture/ traditions' respect in health care

      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.

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
  • Political & Civic Participation

    Only French citizens have the right to vote in national elections. The EU citizens are entitled to vote in local elections. Foreign citizens from outside the EU legally residing in France cannot vote nor stand as candidates neither in national elections, nor in local elections. NGO and trade unions representing migrants can participate in the work of the French National Consultative Commission on Human Rights that advises the Government and can make suggestions to the Parliament.

    • Migrants' political rights - right to vote to national/local elections

      Limited to the right of EU citizens to vote in local elections

      Qualitative Info

      Only French citizens have the right to vote in national elections. EU citizens are entitled to vote in local elections. Actually third country nationals lawfully residing in France cannot vote or stand as candidates either in national elections or in local elections.

       

      Otherwise, the right to vote in local elections of foreigners residing legally in France for five years was one of François Holland’s presidential campaign commitments.



       

      Source:

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Political participation
      See other countriesSee indicator history
    • Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote

      No data available

      Qualitative Info

      No data available

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Political participation
      See other countriesSee indicator history
    • Migrants have the right to stand for elections at local/national level?

      Limited to the right of EU citizens to stand for elections at local level.

      Qualitative Info

      The EU citizens have the right to stand for elections only at local level. Third country nationals lawfully residing in France cannot stand as candidates either in national or in local elections.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Political participation
      See other countriesSee indicator history
    • Minority members have certain rights to self-government?

      No

      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.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Political participation
      See other countriesSee indicator history
    • Are migrants' representatives engaged in any formal consultation with public authorities?

      NGO and trade unions representing migrants can participate in the work of the French National Consultative Commission on Human Rights that advises and makes proposals to the Government in the field of human rights and humanitarian actions and can also submit recomendations to Parliament and the Government on measures that would further contribute to the promotion and protection of human rights.

      Qualitative Info

      The French National Consultative Commission on Human Rights, composed of representatives from human rights non-governmental organisations,  representatives from trade unions, including those that protect migrants' rights, and also qualified personalities and experts seating in international human rights organisations, from the Ombudsman office, from two members of Parliament and one member of Social and Economic Council, advises and submits recomendations to the Government in the field of human rights and humanitarian actions. It can also submit recomendations to the Parliament and the Government on measures that would further contribute to the promotion and protection of human rights.

      Migrants who are members of NGO and trade unions can be their representatives and defend their rights engaging in consultation with the authorities.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Political participation
      See other countriesSee indicator history
    • Are there migrants' consultative/advisory/representative bodies established by law?

      There are no migrant consultative/advisory/representative bodies established by law. The law establishes some bodies that can make non-binding recommendations in the field of immιgrants' rights

      Qualitative Info

      There are no migrant consultative/advisory/representative bodies established by law. The law establishes that some bodies that can make non-binding recommendations in the field of immigrants' rights:

       

      The High Council on Integration, an advisory body created by decree in 1989, issues recommendations at the Prime Minister’s request, as well as an annual report on matters pertaining to the integration of immigrants or persons of immigrant origin. The government is under no obligation to refer to the HCI nor to follow its recommendations.

      The role of the National Consultative Commission on Human Rights, a National Human Rights Institution consists, in advising and making (non-binding) proposals to the Government in the field of human rights and humanitarian actions, a scope that can include many issues concerning migrants. It can also make suggestions to the Parliament and the Government on measures that would further the promotion and protection of human rights. The CNCDH fulfills those roles by adopting opinions and studies, made either at the request of the Government or on the Commission’s own initiative, that are made public and sent to the Prime Minister and relevant ministries. Besides, it releases an annual report on the state of racism in France.

      The post of the Commissioner for Diversity and Equal Opportunities created in 2008 and empowered to make non-binding proposals concerning migrants at the Prime Minister’s request, was dismissed by the Decree on July 19, 2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Political participation

      External Url www.hci.gouv.fr; http://www.cncdh.fr/rubrique.php3?id_rubrique=132, http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000026206265&dateTexte=&categorieLien=id

      See other countriesSee indicator history
    • Public administration (including judiciary and executive) reflects the ethnic diversity of society?

      Yes/No

      Qualitative Info

      France does not recognise the existence on its territory of ethnic minorities. It is not possible to quantify the presence of ethnic minorities in the public service since they are not oficially recorded as such. EU nationals living in France are underrepresented in the public service since it is only 1,4% to 98,6% of French nationals working in the public sector. Non-EU citizens can be employed by the public sector as temporary and contract employees but they represent only 1,4% of public sector agents.

       

      Groups affected/interested

      • Migrants
      • Majority

      Type (R/D)

      • Inter-ethnic
      • Intra-ethnic

      Key socio-economic / Institutional Areas

      • Political participation

      External Url http://lesrapports.ladocumentationfrancaise.fr/BRP/094000490/0000.pdf

      See other countriesSee indicator history
    • Is there automatic citizenship acquisition by birth for migrant children born in the country?

      Migrant children born in France can acquire French nationality if several conditions are observed

      Qualitative Info

      Migrant children born in France acquire French nationality at the age of majority (18), if by that date they have been ordinarily resident in France for a continuous or non-continuous period of at least five years since the age of eleven.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Political participation
      • Integration - social cohesion

      External Url http://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA000006165743&cidTexte=LEGITEXT000006070721&dateTexte=20120109

      See other countriesSee indicator history
    • What is the general law provision for naturalisation?

      A foreigner may be granted French citizenship on his or her request if he or she has resided in France for at least 5 years on the basis of a residence permit.The grant of citizenship is discretionary even if all conditions are met

      Qualitative Info

      According to the French Civil Code, a foreigner may be granted French citizenship (discretion) on his or her request if he or she has resided in France for at least 5 years on the basis of a residence permit. The period of 5 years is reduced to two years for persons who have successfully completed two years of graduate studies and obtained  a French diploma; who have rendered or may render important services to France; who have carried out exceptional activities in the civic, scientific, economic, cultural or sports field. The period of 5 years is deleted for:
      - the Algerians born before 1 January 1963 and requesting reinstatement of French nationality;
      - nationals of french-speaking countries for whom French is the mother tongue;
      - refugees;

      - an alien who performed military service in the French army;
      - an alien who rendered outstanding service to France.

      A foreigner may acquire French citizenship also if he or she is married to a French citizen for at least 4 years and resides in France on the basis of a residence permit.

      The grant of citizenship is discretionary even if all conditions are met. French nationality may be conferred by decree upon the proposal of the Minister of Defense to any foreigner involved in the French army who was wounded during a mission or during an operational commitment. The conditions for granting French citizenship are facilitated for children adopted by French citizens.

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
  • Policies On Integration - Cohesion

    The integration strategy applies to foreign nationals newly arrived from non-member States of the European Union; to foreign nationals who have been living longer on the territory of France and who need to have professional insertion conditions facilitated; to beneficiaries of international protection. The social cohesion strategy applies to persons disadvantages for social reasons. Integration and cohesion are both mentioned in the Action Plan against racism in France.

    • Is there a formal national strategy on the integration of migrants/minorities?

      In France, there is no action plan for the integration of third-country nationals, but in the National Action Plan against Racism and Anti-Semitism, there is a chapter dedicated to integration.

      Qualitative Info

      In France, there is no action plan for the integration of third-country nationals, but in the National Action Plan against Racism and Anti-Semitism, there is a chapter dedicated to integration [1].

      Additionally, the General Secretariat to immigration and integration (Ministry of Interior) which was founded in 2007 is charged with supporting newcomers (third country nationals) for the first five years of their stay in France. For the implementation of this policy the Ministry of Interior relies on the French Office for Immigration and Integration. The central element of this policy is the reception and integration contract (CAEI – contrat d’accueil et d’intégration), which has been compulsory since 1 January 2007 [2].


      Sources:

      1. National Action Plan against Racism and Anti-Semitism (Plan national d’action contre le racisme et l’antisémitisme – PNACRA), 15 February 2012, http://www.interieur.gouv.fr/content/download/32062/239852/file/Plan%20National%20d'Action%20Contre%20le%20Racisme%20et%20l'Antisémitisme%20-%202012.pdf, Accessed on 10.12.2012.
      2. French Office for Immigration and Integration (OFII - Office français de l’immigration et de l’intégration), 2012, Activity report 2011, http://www.ofii.fr/IMG/pdf/rapport_ofii.pdf, Accessed on 10.12.2012

       

       

       

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
    • Is there a formal definition of integration

      The National Action Plan against Racism and Anti-Semitism defines some elements of integration.

      Qualitative Info

      According to the National Action Plan against Racism and Anti-Semitism, integration is not assimilation: it does not reduce all differences. Integration is not social insertion: it is not limited to helping individuals to achieve satisfactory socio-economic standards. Integration is not a simple moral or charitable process: it requires a mutual effort, an opening-up to diversity; it also requires adhesion and will power in order to secure and build a common democratic culture. The Republic is not intended to include foreign nationals present in France as a separate group, they have to integrate and the Republic has to give them the means necessary for lifting obstacles, including, specifically, fighting against the discrimination these people may be victims of.


      Source:

       

       

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
    • To which groups does the integration strategy apply?

      Foreign nationals newly arrived from third countries and beneficiaries of international protection

      Qualitative Info

      The integration strategy applies to foreign nationals newly arrived from third countries; to foreign nationals who have been living longer on the territory of France and who need to have better access to employment; to beneficiaries of international protection. Particular attention is paid to the conditions of integration of foreign women and children.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
    • Are there formal policies and practises associated with this integration strategy?

      Yes

      Qualitative Info

      From the 1st of January 2007, migrants wishing to settle in France must sign a one-year "contract of welcome and integration" (« contrat d’accueil et d’intégration ») with the state (it can be renewed). This contract is a true integration tool as it allows each new arrival to receive following   services for free: a civic education (principles and core values ​​of French society); language training; help in job search; general information about France. Organised by OFII, a work skills assessment gives foreigners a record and validation of their previous experience, work skills or abilities when looking for work.

      The regional prefect also establishes a program of integration of immigrant populations at a regional level.

      The temporary housing centres host and help integration of refugees and beneficiaries of subsidiary protection (access to social rights, employment and training, health care, etc.). There are 28 CPH in France, in 26 departments, with a total capacity of 1083 places. Given their limited capacity, the State is required to support two housing and help instruments: temporary accommodation centres for refugees implemented by France Terre d'Asile at the end of 2003 in Paris; reception centre for asylum seekers – integration of refugees experimentally established in Lyon in July 2004.

      Beyond housing, projects for the integration of refugees are funded by the Ministry of the Interior, sometimes with co-financing from the European Fund for Refugees (ERF). Conventions have been signed with six organizations, including 'France Terre d’Asile' and 'Forum des réfugiés', in order to promote integration and more specifically access to employment and housing.

      In 2008 the Government launched the operation "Lets open school for parents for the successful integration".

      On the 27th of December, 2007 the national framework agreement concerning immigrant women that aims at promoting the integration process, prevent and fight against discrimination was adopted.

      In 2007 a framework agreement that aims at promoting academic success and equality of opportunity for young immigrants was signed between the department of Immigration, Integration, National Identity and Cooperative Development and the Ministry of Education.


      Sources:

      1. Contract of welcome and integration, http://vosdroits.service-public.fr/N17046.xhtml, Accessed on 03.01.2013
      2. Program “Lets open school for parents for the successful integration”, http://eduscol.education.fr/pid23372-cid49489/ouvrir-l-ecole-aux-parents-pour-reussir-l-integration.html, Accessed on 03.01.2013
      3. National framework agreement concerning immigrant women, 27.12.2007, http://femmes.gouv.fr/wp-content/uploads/2012/10/FONDEMENT-JURIDIQUE-Accord-cadre_2007_femmes_immigrees.pdf, Accessed on 03.01.2013
      4. Framework agreement aiming at promoting academic success and equality of opportunity for young immigrants, 27.12.2007, http://i.ville.gouv.fr/index.php/reference/4004, Accessed on 03.01.2013

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
    • Is the integration strategy effective and, if so, what are the tangible results at a local, regional and national level?

      There is no such univocal evaluation available.

      Qualitative Info

      There is no such univocal evaluation available.

      According to the Activity report 2011 of the French Office for Immigration and Integration, in 2011, 102 254 people signed a reception and integration contract (up 0,9% compared to 2010). 7232 French language trainings and 4044 trainings on Republic values were provided to 8 158 people. 81,3% successfully passed tests on Republic values, 63,3% successfully passed French language tests.


      Source:


       

       

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
    • Is there a formal national strategy on social and/or community cohesion?

      The National Action Plan against racism presents different initiatives in the area of social cohesion and promoting equality of opportunity.

      Qualitative Info

       

      The National Action Plan against racism presents different initiatives in the area of social cohesion and promoting equality of opportunity aiming at enabling young people, particularly those from modest backgrounds, to find their place in society and progress there. The measures aim to promote their employability and to reduce social inequalities.


      Source:

      Plan national d’action contre le racisme et l’antisémitisme – PNACRA (National Action Plan against Racism and Anti-Semitism), 15.02.2012, http://www.interieur.gouv.fr/content/download/32062/239852/file/Plan%20National%20d'Action%20Contre%20le%20Racisme%20et%20l'Antisémitisme%20-%202012.pdf, Accessed on 10.12.2012.

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
    • Is there a clear definition of social/community cohesion?

       

      According to the National Action Plan against racism, the policy of social cohesion and equal opportunities aims at preventing discrimination, assisting the most disadvantaged people and alleviating the disadvantages of disparities.

      Qualitative Info

      According to the National Action Plan against racism, the policy of social cohesion and equal opportunities aims at preventing discrimination, assisting the most disadvantaged people and alleviating the disadvantages of disparities.


       

      Source:

       

       

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
    • Does the social cohesion strategy apply to all migrant/minority groups?

      The social cohesion strategy applies to persons disadvantages for social reasons. France does not recognise the existence on its territory of minorities as holders of collective rights enforceable under its legal system.

      Qualitative Info

      The social cohesion strategy applies to persons disadvantages for social reasons. France does not recognise the existence on its territory of minorities as holders of collective rights enforceable under its legal system.

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
    • Is/are social/community cohesion strategies effective and producing results?

      There is no such univocal evaluation available.

      Qualitative Info

      Social cohesion strategies include initiatives to promote the vocational integration, to reduce social inequalities and disparities in development between regions, stop the deterioration of living conditions of slum dwellers. But there is no univocal evaluation available.

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
    • If there is a national strategy covering both integration and cohesion? Are the two key elements of the strategy joined up formally?

      Yes. The National Action Plan against Racism and Anti-Semitism contains chapters dedicated to integration and cohesion reflecting the idea of an integrated and cohesive society.

       

      Qualitative Info

      The National Action Plan against Racism and Anti-Semitism contains chapters dedicated to integration and cohesion reflecting the idea of an integrated and cohesive society.


      Source:

      Key socio-economic / Institutional Areas

      • Integration - social cohesion
      See other countriesSee indicator history
  • Public Life, Culture, Sport & Media

    French legislation doesn’t contain any restrictions concerning the right of foreigners to form associations or participate in public meetings. But the law banning the wearing of full-face veil in public that targets Muslims as a religious minority, was recently adopted. According to the law, public radios and TV channels have to contribute to the expression of regional languages. Racist incidents are not often in most sports, except for football

    • Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?

      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.

       

       

       

      Groups affected/interested

      • Linguistic minorities

      Type (R/D)

      • Inter-ethnic
      • Intra-ethnic

      Key socio-economic / Institutional Areas

      • Culture

      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
    • Association: are there restrictions of the freedom of peaceful assembly, and freedom of association for migrants

      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.

       

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia
      See other countriesSee indicator history
    • Association: are there restrictions of the of the freedom of peaceful assembly, and freedom of association for minorities

      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.

      Groups affected/interested

      • Ethnic minorities
      See other countriesSee indicator history
    • Religion: Persons belonging to minorities face legal and practical obstacles in exercising or manifesting their religion or belief?

      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.



      70 % according to a Financial Times-Harris poll conducted in February 2010 (See J. Blitz, “Poll shows support in Europe for burka ban”, Financial Times, 1 March 2010, <www.ft.com/cms/s/0/e0c0e732-254d-11df-9cdb-00144feab49a.html?nclick_check=1>); 64% according to a poll conducted in April 2010 by the French polling institute Sofres (detailed results available at <http://www.tns-sofres.com/_assets/files/2010.04.24-burqua.pdf>).

       

       

      Groups affected/interested

      • Muslims

      Type (R/D)

      • Islamophobia

      Key socio-economic / Institutional Areas

      • Religion

      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
    • Media: Are there positive measures for promoting or restrictions for Migrant and minority media?

      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.

       

       

      Groups affected/interested

      • Migrants
      • Religious minorities
      • Linguistic minorities

      Key socio-economic / Institutional Areas

      • Media

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

      See other countriesSee indicator history
    • Media: Are there positive measures for promoting or restrictions for minority and lesser used language in the media?

      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.

       

       

      Groups affected/interested

      • Linguistic minorities

      Key socio-economic / Institutional Areas

      • Culture

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

      See other countriesSee indicator history
    • Media: Is there a visible presence (or absence) of members of target groups as media professionals?

      Measures promoting diversity in the media varies from one media to another but they can generally be termed as insufficient.

      Qualitative Info

       Measures promoting diversity in the media varies from one media to another but they can generally be termed as insufficient. The only visible presence of migrants in the media is in the form of being the members of a target group in TV programs.

      Groups affected/interested

      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Media

      External Url http://www.clubaverroes.com/; http://www.csa.fr/var/ezflow_site/storage/csa/rapport2010/summary/intro.htm

      See other countriesSee indicator history
    • Sport: Effective participation of migrants in sport

      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

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Sport

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

      See other countriesSee indicator history
    • Sport: Effective participation of minorities in sport

      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.

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Sport
      See other countriesSee indicator history