RED Network

Yes

Qualitative Info

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

 

 

External Url http://www.defenseurdesdroits.fr

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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.

 

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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".

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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.

 

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Yes

Qualitative Info

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

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

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

 

 

 

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

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

Qualitative Info

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

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

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

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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.

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Yes/No

Qualitative Info

Several victims can be represented in court by an association that must have been legally registered for over five years.

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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.

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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.

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Yes

Qualitative Info

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

---

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

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

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

Qualitative Info

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

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

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

Qualitative Info

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

 

 

 

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

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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.

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No

Qualitative Info

No

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Yes

Qualitative Info

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

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

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

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

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Yes

Qualitative Info

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

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

---

HALDE Report 2011

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

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Persons of North African or Turkish origin.

Qualitative Info

Persons of North African or Turkish origin.

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Yes

Qualitative Info

A local political initiative deserves to be mentioned, despite its geograhical limitations. The mayor of the town of Villeurbanne commissioned a test at the Center for Urban Development Observation and Research, in partnership with private landlords, as part of a local plan to fight discrimination in housing. Over 6 months, 4 testers responded to 100 housing advertisements, 50 through housing agencies and 50 through private owners. The survey showed clear discrimination based on origin: in 57% of cases, candidates of North African origin were disadvantaged compared to French-origin candidates, only 39% of cases show equal treatment. In some neighbourhoods, people of North African origin had their offers to rent housing rejected 9 times out of 10. The results of the test were presented to housing agencies, providing what the mayor of Villeurbanne hoped would be an "educational perspective".

A grouping of socialist parties of the National Assembly introduced a bill on 15 December 2010 to "bring an end to the unequal treatment of Travellers". The bill proposes abolishing the Law of 3 January 1969 which requires Travellers to hold a vehicle circulation permit which must be presented to the police each year (reduced to 3 months if it is of the type issued to those receiving no regular income). The law also stipulates that the number of persons holding such permits can not exceed 3% of the town population. This article reduces the possibility of travellers taking up a permanent residence. This bill to repeal the law was rejected in February 2011 by 289 votes to 207. Three months later, Didier Quentin MP (Presidential majority), presented an information report on Travellers to the National Assembly. The report states that Travellers tend to settle in one place. A  result of this finding has been 15 proposals to encourage mayors to built reception areas that the Law of 5 July 2000 made compulsory, in particular by including these structures in the social housing quotas that municipalities must meet.

External Url http://www.lyoncapitale.fr/journal/univers/Actualite/Social/Villeurbanne-lance-un-testing-immobilier; http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=6BD6497595CF80AADD7EF9F34AE1775C.tpdjo12v_2?cidTexte=LEGITEXT000005629609&dateTexte=20120104

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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 enrol Traveller 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.

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

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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 enrol their children in school. The NGOs Romeurope estimates that “between 5,000 and 7,000 Roma children being in France today will reach their 16^th birthday without having ever  attended school”. ECRI also reports refusals to enrol children of Roma migrants, primarily linked to the children’s ethnic origin and completely unlawful.

External Url www.romeurope.org/IMG/Rapport%20Romeurope%202009-2010(1).pdf

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Yes

Qualitative Info

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

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

 

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

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Yes

Qualitative Info

The NGOs Romeurope estimates that “between 5,000 and 7,000 Roma children being in France today will reach their 16^th birthday without having ever or so attended school”.

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.

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

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Yes

Qualitative Info

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

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

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

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

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There are few cases

Qualitative Info

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

 

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

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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.

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No

Qualitative Info

No data of modifying school curricula and teaching materials to reflect the diversity of the school population

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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.

 

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

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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).  

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Yes

Qualitative Info

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

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

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

Qualitative Info

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

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

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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 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 an 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.

On 29 December 2010, the Finance Act 2011 was adopted by the National Assembly. It provides for a restriction on conditions for access for illegal aliens to State Medical Assistance (AME - Aide Médicale de l’État). Firstly, it establishes a fixed price of €30 a year to be able to benefit, irrespective of the financial situation of the beneficiary. Secondly, the law reduces the reimbursements for care that is not directly related to a specifically named medical condition.

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

 

External Url http://teo_english.site.ined.fr/; http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000023314376&categorieLien=id;

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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.

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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.

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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. Third country nationals lawfully residing in France cannot vote or stand as candidates either in national elections or in local elections.

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No data available

Qualitative Info

No data available

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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.

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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.

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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.

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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 immugrants' 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:

he Commissioner for Diversity and Equal Opportunities can make non-binding proposals concerning migrants at the Prime Minister’s request. Not a member of the government nor a senior official, the Commissioner does not have any budget nor administrative staff and can be dismissed at anytime by a decree.

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 fulfils 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

External Url www.hci.gouv.fr; http://www.cncdh.fr/rubrique.php3?id_rubrique=132

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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.

 

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

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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.

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

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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.

 

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

Qualitative Info

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

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

 

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

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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.

 

 

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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.

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Yes

Qualitative Info

 

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

 

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

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

Qualitative Info

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

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

 

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

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

Qualitative Info

 

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

 

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

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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.

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

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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 )

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

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

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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.

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