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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF FRANCE
30 April 2008
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Committee on Economic, Social
and Cultural Rights
30 April 2008
The Committee on Economic, Social and Cultural Rights has considered the third periodic report of France on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Jean-Baptiste Mattei, Permanent Representative of France to the United Nations Office at Geneva, introducing the report, said France’s commitment to the improvement of human rights could be seen in 15 sectoral agreements adopted in the reporting period. Issues concerning gender equality, part-time employment, and that parents should have full freedom to decide if they want to continue working or to stay at home and raise their children, were addressed. Regarding gender equality and the elimination of wage discrimination, a priority issue in France, the law of March 2006 should strengthen the obligation to eliminate the difference between wages for men and women within 5 years, by at least one third. Concerning housing, different fiscal support schemes had been adopted, and the goal for production of social housing for people in economic and social trouble had been taken up. Housing grants for the most vulnerable had been created. The right to housing equaled the right to health and education.
Maria Virginia Bras Gomez, the Committee Expert acting as the Rapporteur for the report, said the report covered the issues of precariousness, exclusion and unemployment in great detail. It lacked the rights based approach and thus did not give the Committee the chance to consider the implementation of the Covenant. The Committee was disappointed that the French delegation had told them that they were not able to reply to the list of issues, because the greater part of the statistical tools was not adequate or not available.
During the discussion, which was held over three meetings, many Committee Experts regretted that France had not taken a rights based approach to the issues at stake, in particular the combat against poverty. An Expert welcomed the remarks of the Permanent Representative about the commitment of France to support the Optional Protocol to the Covenant and that economic, social and cultural rights should be treated on the same footing as civil and political rights. He asked the delegation to clarify the direct applicability of economic, social and cultural rights in French national courts and the lack of court decisions concerning these rights. It appeared there was an abundance of laws regarding the implementation of economic, social and cultural rights, but a lack of effective remedies for those who wanted to assert them. Experts asked questions about housing rights, the unemployment rate, minorities, the Roma, school dropouts and family reunification.
The French delegation included representatives of the Ministry of Education/Ministry of Research, Ministry of Housing; Ministry of the Interior, Overseas and the Collective Territories; the Ministry of Labour, Social Relations, Family and Solidarity; the Ministry of Immigration and the Ministry of Justice.
The Committee will adopt its final observations and recommendations on the report of France toward the end of the session on Friday, 16 May.
When the Committee resumes its work in public at 10 a.m. on Monday, 5 May, it will start its consideration of the second periodic report of Benin (E.C12.BEN/2)
Report of France
The third periodic report of France (E/C.12/FRA/3) covers France’s response regarding the observations and recommendations of the Committee relating to the second report (section E-30 November 2001) as well as activities and developments in combating precariousness and exclusion in France, with special reference to the specific difficulties of young people and the homeless.
In order to improve many of the issues addressed by the Committee. the Government has launched several research studies and comprehensive plans of action, as well as amended some of its laws and regulations. The ratification of several ILO Conventions is in process, though the Government does not consider it appropriate to ratify Convention No. 117 on Social Policy ( Basic Aims and Standards), as it considers it outdated and inadequate.
Since the 1970s, France has experienced a rise in precariousness and exclusion. The Government has identified seven aspects to this phenomenon: growing inequalities, the number and profile of those receiving basic social benefits, the growing phenomenon of the working poor, the large number of unemployed persons among certain at-risk categories, particularly young people, women and recent foreign immigrants from certain countries, the problems of access to housing and the growing phenomenon of the homeless. In an explanation for this rise, the report discusses general national and international causes such as the effects of globalization, the decline of States` economic and social power, the structural weakness of growth, the urban segregation as an exclusion factor and the inadeaquacy of schooling for a more diverse society. Explanatory factors specific to particular population groups include unemployment among young adults, the malaise among young people, discrimination and the reasons for becoming homeless. Summarizing, the report concludes that the economic globalization has produced undeniable social effect, both positive and negative, which warrant examination in the French case. In this context, the French social model and the education system encountered certain difficulties in reacting and adapting.
The Government has been trying to reduce the existing problems through implementing a variety of government policies and plans to combat unemployment, precariousness and exclusion in France. These include measures on dealing with the structural causes of inequality, such as government policies offering employment incentives, particularly for young people, and policies to combat territorial discrimination. They also include Government measures to combat precariousness and exclusion for the most vulnerable sectors of the population. The main difficulties involved include the unattractiveness of peripheral urban areas, difficulties of adaptation in the French republican school system and new standards of employability among the workforce. The report also points out that the strong correlation between employment and GDP growth rate is one of the factors restricting the action the authorities can take.
Statement by the Committee’s Vice Chairperson
ROCIO BARAHONA RIERA, Vice Chairperson of the Committee on Economic, Social and Cultural Rights, said that unemployment, precariousness and exclusion were the main issues of the report. She therefore reminded the Committee Experts to focus their questions on these issues as a main thrust of the report, as due to the new way of reporting this would ensure a more constructive discussion with the delegation.
Introduction of the Report
JEAN-BAPTISTE MATTEI, Ambassador and Permanent Representative of France to the United Nations Office at Geneva, said that he was convinced that the Committee on Economic, Social and Cultural Rights was an important body in this field. For the Committee to make a good judgment, this could not be done without an opening presentation on the issues at stake. The report was set out in two parts. The new reporting method meant that the report looked at length at the status of economic, social and cultural rights in France, and the reasons for it, then set out measures to address the situation, including in-depth assessment of issues concerning exclusion and precariousness. He regretted the absence of a translation of the French answers to the written questions sent by France to the Committee.
Regarding the involvement of specific groups such as the young, the old and people living in specific areas, a range of measures had been taken by the Government, including better training and employment, public service, orientation, student help, specific action for the young, in social life and the opening up of careers throughout the nation. The activities of the Government should lead to an increase of employment by 50 per cent in 2010. The commitment of France to the improvement of human rights could be seen in 15 sectoral agreements adopted in the reporting period. Issues concerning gender equality, part-time employment, and that parents should have full freedom to decide if they want to continue working or to stay at home and raise their children, were also addressed. Regarding gender equality and the elimination of wage discrimination, a priority issue in France, the law of March 2006 should strengthen the obligation to eliminate the difference between wages for men and women within 5 years, by at least one third. According to the law, companies with more than 50 employees have to develop plans to eradicate discriminatory wages by 2009. In addition, the national interprofessional law 2004 and other measures were seen as important tools for improvement.
Transfer of minimum social benefits and unemployment benefits as well as measures for the simplification of contracts, and activity in the field of education had been implemented to fight poverty. The situation of recipients of minimum benefits had been addressed by an active solidarity income based on four objectives set out in the report. The reform of the criteria of trade union activities was another issue addressed. It led to the adoption of draft legislation during this year. The draft should put the criteria of election as a main point. As a result, the trade unions would be able to exercise their role as requested.
In housing, different fiscal support schemes had been adopted, leading to growth in recent years. The goal for production of social housing for people in economic and social trouble had been taken up. Housing grants for the most vulnerable had been created. The right to housing equaled the right to health and education. Mr. Mattei stressed the need to continue to care for the homeless. The historical school system was the key stone of social care. Early school drop out must be decreased rapidly. Several measures had been taken. More equality and opportunities to enter universities had also been initiated around the country.
Regarding public development assistance in 2007, recent figures equaled 0.39 percent of GDP. This meant that France was the third most generous donor among countries of the Organization for Economic Cooperation and Development. The European commitment to reach 0.7 percent of GDP to be reached by 2015 was recently reaffirmed by France. France had adopted policies and had shown its commitment to further the implementation of economic, social and cultural rights. The treaty bodies were an ever more important instrument in the field of human rights. This year, the sixtieth anniversary of the Universal Declaration of Human Rights, was seen by France as a chance to draw up the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, so that 2008 would be a milestone for the indivisible nature of human rights. Mr. Mattei also mentioned the fight against poverty and stressed the importance of independent experts on human rights issues. The Committee should adopt guiding principles on those who lived in extreme poverty.
Questions by the Experts
MARIA VIRGINIA BRAS GOMEZ, the Committee Expert acting as the Rapporteur for the report, said that the French delegation was impressive in number, and that would ensure a good dialogue. The new way of reporting would enable the Committee to effectively assess the implementation or non-implementation of measures taken to ensure economic, social and cultural rights. The report in part two covered the issues of precariousness, exclusion and unemployment in great detail. It lacked the rights based approach and thus did not give the Committee the chance to consider the implementation. This led to the list of issues. The Committee was disappointed that the French delegation had told them that they were not able to reply to the list of issues, because the greater part of the statistic tools were not adequate or not available. For most judgments the Committee therefore had to use statistics coming from other sources. She asked how a State party with such a vast array of legislation, plans of action and targeted measures could check the impact and implementation of its measures without statistics.
Other Experts raised a number of questions and issues. Concerning international development aid, an Expert expressed his surprise that the delegation had not answered this question in their responses. In addition, he did not find the argument of France plausible and asked for clarification regarding the major actions developed in order to combat poverty, in particular in least developed countries, and with regard to the current food crisis. An Expert welcomed the closing remarks of the Permanent Representative about the commitment of France to support the Optional Protocol to the Covenant and that economic, social and cultural rights should be treated on the same footing as civil and political rights. He asked the delegation to clarify the direct applicability of economic, social and cultural rights in French national courts and the lack of court decisions concerning these rights. It appeared there was an abundance of laws regarding the implementation of economic, social and cultural rights, but a lack of effective remedies for those who wanted to assert them. It also seemed there was no effort made to consider assessing whether with those laws, the objectives had been attained. Another issue was the ignorance of the French people regarding their economic, social and cultural rights, in particular, the high number of immigrant girls entering into forced marriages showed this issue.
There was a need for more training for the judiciary on economic, social and cultural rights. Though the measures taken by France, such as the promotion of the Optional Protocol, were very laudable, the question remained what had really been done in terms of training and efforts to raise awareness among the judiciary and other legal professionals. Clarification was asked on the implementation status of the law on guidance against exclusion.
An Expert asked if the recent change in government changed the commitment of France to the Covenant in any way. He also asked if human rights and especially consideration of economic, social and cultural rights were taken into account in France’s international aid programmes. The unusual position of France regarding minority rights and immigration policy were also addressed. An Expert complimented France on the clarity and preciseness of the report, which he regarded as one of the best reports he had read. He requested more information on the issues of homelessness and domestic violence against women and asked what had been done in this regard.
Response by Delegation
Regarding the method of the report, the delegation replied that the method followed did not make it possible to deal with all the rights dealt with by the Covenant in such details as requested by the Committee. This was decided and discussed together with the Committee during the preparation of the report. However, arguments by the Committee members were valid and should therefore lead to new considerations in linkage with the Committee. The delegation stressed the importance of being able to evaluate later how the report was produced and on what basis.
Regarding the amount and development of international development assistance and its linkage of human rights, France had statistics, published by the Organization for Economic Cooperation and Development, which showed that France was the third largest donor country worldwide. The decline of aid in numbers could be explained by debt cancellation. However, if debt cancellation was left out of the calculation there was an increase of the French aid by 4.3 per cent, and more importantly, the numbers showed the commitment of France, also with regard to the affirmation of the 0.7 per cent commitment recently by the President of the Republic. Aid herewith went to a large extent to least developed countries; in particular focus was put on Africa as the continent with the biggest needs. In addition France was actively developing financial sources for development funds along with other countries. These sources should be additional to budgetary sources, thus, not replacing but adding to them. The President has announced a doubling of France’s food aid, and France was working with several UN organizations. Trade negotiations were also taken into account. Strong emphasis was placed on the question of human rights and good governance when providing aid.
Concerning the role of the Commission on Human Rights, it was fully independent from the Government. It had very active and motivated support from civil society and was quite critical of the French Government.
On the position of France regarding economic, social and cultural rights, the delegation assured the Committee that the commitment of France to these rights was unaffected by the change of Government. This was shown in the debates of the Human Rights Council on economic, social and cultural rights, where France strongly supported initiatives combating poverty, and also in its support for the Optional Protocol.
Concerning minorities, individual rights were recognized in the legal system of France, not the rights of collective groups and minorities. Problems encountered by certain populations were addressed by the Government, such as easier access to universities for young people in low income environments. Many of the measures implemented since Mr. Sarkozy came to power included measures given to parts of the population living in difficult situations.
Regarding sufficiency of statistical data for follow up of programmes for the poor, the delegation said that there was a statistical section in each body of the government, which allowed in-depth analysis of statistical information. Regarding people in difficulty, observatories had been established to have a closer look at these people and thus there was a plethora of data. Young school dropouts were questioned several times in the years after their drop out. Statistics on ethnicity related to France’s position vis-à-vis minorities. France’s position was sometimes considered to be special. France did not have the constitutional means to identify integration statistics. However, numerous studies had been undertaken.
The law against exclusion of 1998 was based on the idea that exclusion and precariousness were a deprivation of rights. The aim was to ensure all members of society had access to rights, covering all aspects of economic, social and cultural rights. The public sector had created thousands of jobs.
With regard to public knowledge of these rights, in the wake of the law, a national survey had been carried out to determine the number of homeless. In the report, specific criticisms were set out, regarding the case of the homeless.
Regarding the question of people with disablities, many of them could not work and received financial aid. For those who wanted to work, they could but the unemployment level for persons with disabilities was twice the national unemployment level. There were indeed cases where companies refused to employ disabled people, which was a violation of their human rights. There was need for a law regarding the employment of people with disabilities.
Concerning the High Authority to Combat Discrimination and in Favour of Equality and how to appeal to it, it had been established in 2004 and had its own budget and means of acting to deal with complaints. Any citizen may see the inspectorate who may follow up and present the case before a court. The number of complaints rose constantly. Complaints were free and were either handed in by letter or could be made through a free telephone number. The High Authority in 2006 dealt with more than 2,000 claims, also including mediation and transfer of claims to the justice system. It had direct access to the courts. The number of claims was increasing as the High Authority became more known and used.
Regarding forced marriages and domestic violence, the delegation said forced marriages were addressed in recent government action, aiming to raise awareness of the public, and also strengthening the legal basis to fight it. In the law of 4 April 2006 regarding provisions of the civil code, the age for marriage rose to 18 years of age. This was intended to fight against forced marriages of minors. Forced marriage was an infraction of the penal code, and was punished with up to 7 years of prison and a fine. On domestic violence, the plan against violence covered in particular domestic violence against women. The plan was being observed by the inspectorates. Victims could dial a free telephone number for support for women in such situations.
Questions by Experts
An Expert said that the responses of the Government showed that a lot of measures were being undertaken now in connection with gender equality and violence against women, but they lacked a coordinated legal framework to deal with these issues. The Equal Wages Act did not deal with the cross cutting nature of wages between men and women. Had there been any results from implementing this act? How was France combating discrimination in general? The delegation had mentioned the number of complaints to the High Authority to Combat Discrimination and in Favour of Equality and the resources available to it, but what power and functions did the High Authority have? Could it levy any sanctions on non-complying companies?
Despite impressive measures by the Government to fight unemployment, the level of unemployment was still one of the highest in Europe, an Expert said. What measures had been taken by the Government to address the structural reasons behind this unemployment. Clarifications were requested on part-time work for women and youth unemployment. Some of the measures taken regarding youth unemployment could make the situation for young people even more difficult. Regarding minority rights, the Roma population still encountered difficulties regarding their rights. The Expert asked for an assessment of the informal economy. Also, the number of fatal accidents in the work place remained high and what was the explanation for this.
Concerning the problems of families headed by women, who suffered from multiple discrimination, especially those from a migrant background, was there a way that the social security system could address these issues?
An Expert said that to her knowledge, quotas in companies to hire persons with disabilities were not effective, and companies often seemed to rather pay a fine than employ a person with disabilities.
With regard to youth unemployment, this phenomenon led to further problems. What assistance was provided to young people under the employment for youth programmes? The report said it was difficult to stabilize employment after the five-year period of employment contracts for young people.
On the economic exploitation of young foreigners, what criminal law provisions, sanctions and punishments were carried out against private individuals to protect young foreigners?
An Expert said measures to combat wage discrimination were note-worthy and he extended congratulations to France. Were wage gaps affecting the public and private sector alike?
Response by Delegation
The delegation of France said that there was a legal framework, which was getting strengthened further through activities and programmes under the Ministry of Labor. One of the existing instruments within the framework was a Charter for Social Equality concerning rights of women mentioned by the Experts. France was working on ways to respond to gender inequality. All the Ministries would be involved in the implementation of measures to ensure gender equality, and as such ensure the effective measurement and monitoring of the activities. There was a follow-up on wage equality carried out by a follow-up committee which was developing a report on these issues. Also, France was considering fines for companies in non-compliance with those laws. There would be a round table discussion regarding wage gaps and ways to narrow these gaps, which were caused by part-time work. The wage differentials had been analyzed in the public sector, however, it was assumed that the private sector had a higher wage differential than the public sector.
The unemployment rate had been going down in recent years, the delegation said, and the trend was towards further reductions according to the observations in the first months of 2008. The decrease was particularly significant for young people and people in long-term unemployment. The reasons for this drop were aspects of economic policy and growth. Also important was the net creation of jobs, 60 per cent of which were full- time and permanent contracts. The quality of the employment service was supported by the adoption of new laws. Measures to further strengthen the economic growth which ensured better employment rates would have to be developed. As regards youth unemployment and mainstreaming youth in careers, France had a high percentage, more than twice the unemployment rate in general. However, the actual numbers of young people showed that the percentage is actually the same as the general one, due to long-term studies and stressed programmes to employ young people. These programmes offered State aid to companies and associations which employed young people. The system had worked very well, and the data for these young people after five years was excellent. Other efforts included the improvement and strengthening of training and orientation. Lack of jobs for young people in certain suburbs had been addressed by a specific programme for these areas, including autonomy contracts and other specific support.
Regarding young second generation migrants, who were experiencing the greatest difficulties to find jobs, the delegation said that an analysis of the riots events had shown that in the preceding two years before the riots, the unemployment rate had been increasing for this specific group. In particular, young women from the migrant area were the strongest effected. Part of the reason for this was that their qualification and education standards were extremely low. This, plus poor orientation regarding their studies after school and problems in the labour market based on their origin, worsened the situation. They also could not have access to many public and private sector jobs if they did not have French nationality. A lack of connection and network increased the difficulties. In addition, discrimination practices were an important reason.
Measures taken and appearing to be effective did not make a distinction between migrant and non-migrant youth. Three different measures could be taken, at school level, for low qualification youth and for qualified youth. Information about jobs, establishing first contacts with enterprises, assistance for training, employment, getting the first job, motivation, and jobs in suburbs and access to universities were among measures taken.
Some 18,000 youth had been sponsored by the Government a year, many of them coming from poor suburbs, the delegation said. Measures had been taken addressing problems of those young people to find their first jobs. On the question of the informal sector, France did not use this term. It was called illegal activity. The evaluation of this phenomenon proved to be difficult as it was not declared. The value of dissimilated or illegal labour amounted to billions of Euros. In France the fight against dissimilated or illegal labor aimed to move people out of these jobs, and aimed to show that employers had to take responsibility for their workers. Employment of the disabled was addressed in France by the quota system, encouraging companies to take on persons with disabilities, and fining them if they did not.
On social protection and the level of the statutory minimum wage, the delegation stated that regarding minimum income allowance, the last level in the social net, there was a consensus in the country that this should not apply to those between 18 to 25 years. However, the 18 to 25 years group received other assistance. In addition, the minimum income allowance was given to this group in cases of a young person raising a child, and assistance was provided through a special youth fund. With regards to statutory minimum wage, the question to be asked was the length of employment and the salary. Stepping over the poverty threshold was possible due to all the aid given. However, the delegation stated that reform of the assistance schemes was necessary. The Act of Solidarity, which went back to 2001, and was widely distributed, was an encouragement to get into a job. It became really active in 2006, permitting someone benefiting from minimum social benefits to receive 100 per cent of the allocation within the first 3 months when finding a new job, plus further payments afterwards. The system of incitement tool thus encouraged return to employment, one of the most important issues. The major reform in the utopian conditions was that the system should ensure that anyone with minimum revenue could obtain additional earnings.
Regarding occupational health and safety and work related accidents, the Government had launched a plan in 2005, to conclude in 2009. Effective control was provided through an increase in numbers of labour inspectors by 50 per cent. In order to strengthen controls in small- and middle-sized enterprises, a large number of controls had been undertaken aimed at certain activities known to be particularly accident prone. Campaigns addressing safety issues were also conducted. In risk related sectors, a convention was signed to reduce and prevent professional risks.
Regarding housing, in 2005 the Government adopted a law on new housing. In the private sector, the development and improvement of housing required rents to be adjusted and housing to be put on the market. The number of social housing had risen sharply between 2000 and 2007. France was developing a new plan to increase housing.
Follow-up questions were raised regarding domestic workers working under slavery like conditions and tools to help such workers. The Committee also asked for more statistics and information about the decline in structural unemployment, as well as the informal work market and the human rights of people involved. The issue of 7 million jobs closed to migrant youth, as well as the testing by the International Labour Organization, were also raised.
The delegation answered that domestic working conditions under slavery like conditions were prosecuted. Steps had been undertaken to protect the victims by the police, as well as their social rights and a ten-year-residence permit in case of criminal conviction was provided for. Regarding informal work, employers faced criminal offences, which led to fines and jail sentences. However, if it involved workers themselves in an irregular situation, in terms of their residence but in a formal job, this was another case. Regarding the 7 million jobs, negotiations with the enterprises had started, the extent and success of which would have to be seen. In order to ensure access to public jobs being ensured, training had been taken up.
Questions by Experts
In further questions and comments, Committee Experts asked for more information on the impact of measures undertaken to implement the provisions of the Covenant, especially measures undertaken by the Government to implement the law to combat poverty, precariousness and exclusion, which did not seem to have led to a significant reduction of poverty. Housing problems were addressed by a range of laws and measures, however, in practice no effective improvement had been seen. There was a lack of measures to provide alternative accommodation for evicted families, in breach of the guidelines of the Committee. Also, a high number of evictions, notwithstanding an unknown number of forced evictions, had been noted. Concern was expressed about the number of homeless and the measures taken against this phenomenon. There had been no reduction in the number of homeless, no collection of data, and a shortage of places and shelters. There was a huge deficit of social housing units as well as a problem of allocation of those units. Substandard housing lacking basic amenities, which affected about one million people, was also raised as a big area of concern, as well as the discrimination in access to housing affecting in particular minority groups. It was not enough to have the right to bring the right to housing to courts, but the financial means for housing needed to be provided.
An Expert asked for more information regarding actual measures and activities addressing the increasing number of suicides. An Expert expressed concern about the fact that in France a person could only access the national health system if he or she was not eligible for another health care system and that he or she lived in France for more than 3 months. Suicide as the second cause of death in France was a very alarming issue. In the light of the current food crisis, and a decrease in agriculture in France, would France consider evaluating agriculture higher in national politics? With regard to cultural rights, the question of support for national dialects and languages irrespective of the status of the people speaking them was raised. An Expert expressed the view of the Committee that regarding minority rights, these could only be effectively protected with a double view on collective and individual rights, including the rights of minorities to have their cultural rights accepted.
Other questions were raised about the rate of school dropouts and measures being taken to fight this; could the effects of the new education system be measured and were there any results; what were the chances of regional languages becoming national languages, if not official languages, in accordance with the teaching of those languages; and in the case of a considerable request by a group of people speaking a minority language, could France consider allowing teaching at least some topics at school in this language. There had recently been a considerable decrease of asylum seekers and refugees, and an Expert wondered if this was based on increasing difficulties for immigration. Also, the improved measures at airports and in shelters had so far not solved problems such as family reunification, and the Expert wondered if there were any measures planned to speed up this process. Other Experts asked what was the percentage of the poverty threshold; for more information on the Roma population; and the penalization of vagrancy and delinquency through a number of new laws and measures to address this phenomenon was another issue raised.
Response by Delegation
Regarding protection of children from violence the delegation stated that in the case of dysfunctional families, the social services got involved, which could lead to protective measures regarding the child, or, if this did not work, a judge could get involved and bring the child into legal care. This had been implemented in a lot of cases in France, which meant a significant expenditure from the Government budget. If the problem was purely economic, the family could obtain financial government support.
Regarding the question of corporal punishment, there was no criminal law expressively punishing corporal punishment, but the law had enough provisions to punish violence to a minor. Mistreatment of children under 15 meant aggravated punishment, as well as punishment conducted by a state employee, meaning teacher. Any mistreatment of children which could have long-lasting physical or mental damages was criminalized. Regarding children and women trafficking and pornography, a law adopted on trafficking and a law on child pornography provided for specific provisions to fight these crimes.
Measures in the fight against domestic violence and eviction resulted in condemnations of male violence and in some cases of female violence, the delegation said. The Government was attempting to adopt measures, one of the efforts being the creation of housing for women to escape domestic violence situations. On the questions on eviction and housing, the prevention of expulsion from housing had proven to be difficult. However, the amount of sub-standard housing had gone down, with the numbers following a fairly strict and straightforward definition. In this regard, the delegation pointed out that it was forbidden by law to rent out sub-standard housing.
The laws regarding eviction provided for a period of time in which mediation and other negotiation measures could be conducted. Measures that could be taken to prevent eviction were discussed. However, even if the number of eviction orders increased, the proportion of eviction cases was stabilized. This was not seen as satisfactory in this area.
Regarding minimum social benefits, the delegation referred to a methodology, called local fora, bringing together specialists in a specific area. The fora decided upon issues such as shelter and access to job markets. They applied the empowerment or association approach, meeting nationally or regionally. The active solidarity income programme addressed those who were less poor, in comparison to the very poor ones. The purpose of the programme was to simplify and bring together a whole lot of scattered systems. It took in the minimum income as a basis for the active solidarity income. The maximum that could be achieved would be the equivalent to today’s minimum insertion income. Budgetary restrictions however restricted the work. The delegation stressed that next to the programme, there was a whole range of other projects and support systems. People in severe difficulties received different types of assistance. People with the minimum social benefit group often found themselves in better situations than some people at work, thanks to the assistance they received.
Concerning the Roma, the delegation explained that there had been Roma people living and travelling in France for centuries, and they were called the people of the road. The communes were obliged to set up a camping site equipped with minimum facilities for the people of the road to settle down as long as they wished. Also, adapted residencies were offered for people who did not wish to travel longer but wished to live in a caravan. This policy met resistance; the communes had the obligation, but the policies were only implemented very slowly. At the same time, there were the Roma, who came from Eastern European countries, and brought about certain problems. They often lived in slum camping sites in certain counties of France, and these campsites were cleared by the authorities for health and safety reasons. The assistance given to these people was of humanitarian nature, for example by the Medecins du Monde. If they were excluded, they were given the possibility to make use of emergency shelters for a certain time. However, this population group seemed to disappear from the radar when offered assistance.
As regards the homeless, in France, the street people were visible, even if hard figures were difficult to find. In 2001, a national survey on street people was conducted by the National Institute, which resulted in some 100,000 people counted. Homeless people also included people living in hostels or shelters of different kinds, not just people living on the street. There were approximately 100,000 beds, one third of which were available for asylum seekers. Some 35,000 beds were reserved for women with children. On average, it took 18 months to find new housing. Emergency shelters were counting up to 30,000 beds in lower category hotels, as a tradition of asylum in the medieval sense. Protests of people had led to the adoption of a new policy by the government. It was seen as a revolving door policy, which turned out to be destabilizing for the individual, as they had to leave after a certain time. Thus, dormitories, with individual rooms, were considered. 250 million Euros were spent last winter on this policy.
Some substandard private housing had been addressed by a policy, however, this policy had been disappointing. The policy had therefore been strengthened recently, in order to ensure private housing standards. The State would step in to take over private housing where private landlords failed, and aimed to render this housing decent and livable. The clear goal was to bring down if not eradicate sub-standard housing in France. Two interim programmes aiming to provide half way housing, essentially a family system through social workers assistance to move into decent housing, had been created. NGOs and social workers were involved in these programmes.
The delegation said that the suicide rates were very high in France. Attempts to go on the offensive in this area were made by the Government through a 1994 suicide law, which resulted in a drop of the suicide rate. However, in 2008, the authorities had realized that a new plan was needed with more pragmatic goals. The most vulnerable members of society most likely to take their own lives were at the focus of systematic training courses and a national awareness campaign for health care workers. Potential teenage suicides as well as job related suicides were in particular addressed in specific courses and measures, as well as studies that were undertaken. In order to address moral harassment and bullying, new ways to bring these cases to court were created.
The French Government was also aware of the importance of the mental health of detainees and their right to health care. A study had therefore been undertaken, which led to activities to address these problems. Treatment of dangerous detainees included special care and attention, however, a shortage of psychiatrists in France rendered the situation difficult. The medical associations were encouraged to help to address this problem, but results had been slim.
Overseas territories were seen as part of mainland France, with the result that their inhabitants qualified for the same heath care system. Autonomy of these areas according to the wish of the people living there meant that they had their own governments, and often, such as in case of New Caledonia and Polynesia, these areas had their own health care system. The delegation stressed that the French State did provide financial aid where necessary to these areas, even when they had independent health care systems. Unique problems existed, such as specific diseases related to climate and geographical location. The State worked together with experts to find solutions against these diseases that did not exist on the mainland and provide care in the affected areas. Another specific problem was the shortage of hospitals in overseas areas, with the existing hospitals ageing very quickly due to the climate and the lack of personnel. A major shortage of psychiatrists in general was another main issue which the State was trying to deal with.
The share of agriculture in the French economy was falling, though it was still a major part. The delegation agreed on the importance of the agricultural sector, especially in light of the current food crisis and thus also agreed that it should receive more focus.
Regarding family reunification, the delegation reiterated France’s commitment to provide for asylum. According to the latest asylum rates, France was the country accepting the second largest asylum seekers. The delegation was aware that measures still needed to be made, especially to make the system more flexible, and to reduce the time of investigation of requests.
By definition, the assessment of those who were irregularly in the country was difficult. France’s detention time period was the shortest in the European Union. Bilateral contacts regarding migrant flows, as part of the general approach, were established. The concerned Ministry had requested the prefects in France to examine more closely the individual situation of each case, and address problems that were identified. Socio-linguistic workshops for migrant women on the territory for some time had been set up, hand in hand with a social activity to make the course more attractive.
As regards reunification of families, it was related to the time the person had been in France, with a minimum requirement of 18 months. Certain conditions such as resources and housing available to bring and sustain the family had also to be satisfied. A simplified waiver system was applied. The family members staying back in their country may visit the family in France, and may stay. However, the delegation agreed that this process should be sped up.
French judges tried to eliminate any disadvantages regarding divorces involving migrant women. Monogamy was a principle in France. The judge had to check all details, in order to avoid the inequality of the foreign rule. However, seamless legal protection had to be ensured.
Regarding the right to education, dropouts had dropped off significantly over the past 30 years. Over one generation, the early dropouts went from 25 per cent to 6 per cent. There was a hard core of people likely to drop out. Thus, a large number of 17 year olds did not have a certificate of second cycle. The first cycle also showed a slight drop off. As such, the delegation stressed that France was in a good position in comparison with the European Union average. However, the problem of good education had to be admitted. Measures to deal with the hard core included to set up priority education, and to give more to those who needed more. The system had gradually expanded, now covering one student out of five. So far, no meaningful improvement of the gaps had been identified, but at least the gaps had not widened. In 2006 the Government had agreed to give rewards for best efforts. New topics, such as the teaching of Mandarin, support for teams working in difficult situations, vocational training for children, tutorials, access to make up classes, and other measures were introduced.
The fact that France did not recognize collective rights did not mean that there were no or less rights. People belonging to specific groups, such as the Corsicans, may not want to be called a minority. Regarding the teaching of minority languages, the teaching of such languages had been encouraged for the past 50 years. More than 20 regional languages were at present taught in the national system. The number of learners had also been growing in recent years. The teaching was done in the public school system, as bilingual instruction on hourly basis in the regional language. Public funding was available for such teaching. One thousand five hundred teachers were involved in this. Thirdly, together with the associations, a programme was created which established regional language teaching in schools. A declaration to the competent authorities by an individual could be made, which resulted in the set up of such language trainings in the school. However, no certificates could be given about those courses.
Further Questions from Experts
Committee Experts asked about France’s position with regard to criminalizing domestic violence, so-called voluntary DNA tests for visa issuance in cases of family reunification, and if France intended to amend its Constitution to include regional languages.
Response by Delegation
In response, the delegation answered that France had no intention of amending the Constitution, but that that did not prevent the fostering of regional languages and diversity. France had criminal rules against people destroying property and against aggressive begging, which qualified as harassment. Since 1992 begging and vagrancy were no longer criminal offences in France. Roma were generally not recognized as minorities in France. DNA tests in visa application procedures were in fact voluntary, and the authorities would ensure that families were not otherwise affected by this. However, the procedure was still only starting, and effects and results would be monitored.
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For use of the information media; not an official record
and Cultural Rights
30 April 2008
The Committee on Economic, Social and Cultural Rights has considered the third periodic report of France on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Jean-Baptiste Mattei, Permanent Representative of France to the United Nations Office at Geneva, introducing the report, said France’s commitment to the improvement of human rights could be seen in 15 sectoral agreements adopted in the reporting period. Issues concerning gender equality, part-time employment, and that parents should have full freedom to decide if they want to continue working or to stay at home and raise their children, were addressed. Regarding gender equality and the elimination of wage discrimination, a priority issue in France, the law of March 2006 should strengthen the obligation to eliminate the difference between wages for men and women within 5 years, by at least one third. Concerning housing, different fiscal support schemes had been adopted, and the goal for production of social housing for people in economic and social trouble had been taken up. Housing grants for the most vulnerable had been created. The right to housing equaled the right to health and education.
Maria Virginia Bras Gomez, the Committee Expert acting as the Rapporteur for the report, said the report covered the issues of precariousness, exclusion and unemployment in great detail. It lacked the rights based approach and thus did not give the Committee the chance to consider the implementation of the Covenant. The Committee was disappointed that the French delegation had told them that they were not able to reply to the list of issues, because the greater part of the statistical tools was not adequate or not available.
During the discussion, which was held over three meetings, many Committee Experts regretted that France had not taken a rights based approach to the issues at stake, in particular the combat against poverty. An Expert welcomed the remarks of the Permanent Representative about the commitment of France to support the Optional Protocol to the Covenant and that economic, social and cultural rights should be treated on the same footing as civil and political rights. He asked the delegation to clarify the direct applicability of economic, social and cultural rights in French national courts and the lack of court decisions concerning these rights. It appeared there was an abundance of laws regarding the implementation of economic, social and cultural rights, but a lack of effective remedies for those who wanted to assert them. Experts asked questions about housing rights, the unemployment rate, minorities, the Roma, school dropouts and family reunification.
The French delegation included representatives of the Ministry of Education/Ministry of Research, Ministry of Housing; Ministry of the Interior, Overseas and the Collective Territories; the Ministry of Labour, Social Relations, Family and Solidarity; the Ministry of Immigration and the Ministry of Justice.
The Committee will adopt its final observations and recommendations on the report of France toward the end of the session on Friday, 16 May.
When the Committee resumes its work in public at 10 a.m. on Monday, 5 May, it will start its consideration of the second periodic report of Benin (E.C12.BEN/2)
Report of France
The third periodic report of France (E/C.12/FRA/3) covers France’s response regarding the observations and recommendations of the Committee relating to the second report (section E-30 November 2001) as well as activities and developments in combating precariousness and exclusion in France, with special reference to the specific difficulties of young people and the homeless.
In order to improve many of the issues addressed by the Committee. the Government has launched several research studies and comprehensive plans of action, as well as amended some of its laws and regulations. The ratification of several ILO Conventions is in process, though the Government does not consider it appropriate to ratify Convention No. 117 on Social Policy ( Basic Aims and Standards), as it considers it outdated and inadequate.
Since the 1970s, France has experienced a rise in precariousness and exclusion. The Government has identified seven aspects to this phenomenon: growing inequalities, the number and profile of those receiving basic social benefits, the growing phenomenon of the working poor, the large number of unemployed persons among certain at-risk categories, particularly young people, women and recent foreign immigrants from certain countries, the problems of access to housing and the growing phenomenon of the homeless. In an explanation for this rise, the report discusses general national and international causes such as the effects of globalization, the decline of States` economic and social power, the structural weakness of growth, the urban segregation as an exclusion factor and the inadeaquacy of schooling for a more diverse society. Explanatory factors specific to particular population groups include unemployment among young adults, the malaise among young people, discrimination and the reasons for becoming homeless. Summarizing, the report concludes that the economic globalization has produced undeniable social effect, both positive and negative, which warrant examination in the French case. In this context, the French social model and the education system encountered certain difficulties in reacting and adapting.
The Government has been trying to reduce the existing problems through implementing a variety of government policies and plans to combat unemployment, precariousness and exclusion in France. These include measures on dealing with the structural causes of inequality, such as government policies offering employment incentives, particularly for young people, and policies to combat territorial discrimination. They also include Government measures to combat precariousness and exclusion for the most vulnerable sectors of the population. The main difficulties involved include the unattractiveness of peripheral urban areas, difficulties of adaptation in the French republican school system and new standards of employability among the workforce. The report also points out that the strong correlation between employment and GDP growth rate is one of the factors restricting the action the authorities can take.
Statement by the Committee’s Vice Chairperson
ROCIO BARAHONA RIERA, Vice Chairperson of the Committee on Economic, Social and Cultural Rights, said that unemployment, precariousness and exclusion were the main issues of the report. She therefore reminded the Committee Experts to focus their questions on these issues as a main thrust of the report, as due to the new way of reporting this would ensure a more constructive discussion with the delegation.
Introduction of the Report
JEAN-BAPTISTE MATTEI, Ambassador and Permanent Representative of France to the United Nations Office at Geneva, said that he was convinced that the Committee on Economic, Social and Cultural Rights was an important body in this field. For the Committee to make a good judgment, this could not be done without an opening presentation on the issues at stake. The report was set out in two parts. The new reporting method meant that the report looked at length at the status of economic, social and cultural rights in France, and the reasons for it, then set out measures to address the situation, including in-depth assessment of issues concerning exclusion and precariousness. He regretted the absence of a translation of the French answers to the written questions sent by France to the Committee.
Regarding the involvement of specific groups such as the young, the old and people living in specific areas, a range of measures had been taken by the Government, including better training and employment, public service, orientation, student help, specific action for the young, in social life and the opening up of careers throughout the nation. The activities of the Government should lead to an increase of employment by 50 per cent in 2010. The commitment of France to the improvement of human rights could be seen in 15 sectoral agreements adopted in the reporting period. Issues concerning gender equality, part-time employment, and that parents should have full freedom to decide if they want to continue working or to stay at home and raise their children, were also addressed. Regarding gender equality and the elimination of wage discrimination, a priority issue in France, the law of March 2006 should strengthen the obligation to eliminate the difference between wages for men and women within 5 years, by at least one third. According to the law, companies with more than 50 employees have to develop plans to eradicate discriminatory wages by 2009. In addition, the national interprofessional law 2004 and other measures were seen as important tools for improvement.
Transfer of minimum social benefits and unemployment benefits as well as measures for the simplification of contracts, and activity in the field of education had been implemented to fight poverty. The situation of recipients of minimum benefits had been addressed by an active solidarity income based on four objectives set out in the report. The reform of the criteria of trade union activities was another issue addressed. It led to the adoption of draft legislation during this year. The draft should put the criteria of election as a main point. As a result, the trade unions would be able to exercise their role as requested.
In housing, different fiscal support schemes had been adopted, leading to growth in recent years. The goal for production of social housing for people in economic and social trouble had been taken up. Housing grants for the most vulnerable had been created. The right to housing equaled the right to health and education. Mr. Mattei stressed the need to continue to care for the homeless. The historical school system was the key stone of social care. Early school drop out must be decreased rapidly. Several measures had been taken. More equality and opportunities to enter universities had also been initiated around the country.
Regarding public development assistance in 2007, recent figures equaled 0.39 percent of GDP. This meant that France was the third most generous donor among countries of the Organization for Economic Cooperation and Development. The European commitment to reach 0.7 percent of GDP to be reached by 2015 was recently reaffirmed by France. France had adopted policies and had shown its commitment to further the implementation of economic, social and cultural rights. The treaty bodies were an ever more important instrument in the field of human rights. This year, the sixtieth anniversary of the Universal Declaration of Human Rights, was seen by France as a chance to draw up the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, so that 2008 would be a milestone for the indivisible nature of human rights. Mr. Mattei also mentioned the fight against poverty and stressed the importance of independent experts on human rights issues. The Committee should adopt guiding principles on those who lived in extreme poverty.
Questions by the Experts
MARIA VIRGINIA BRAS GOMEZ, the Committee Expert acting as the Rapporteur for the report, said that the French delegation was impressive in number, and that would ensure a good dialogue. The new way of reporting would enable the Committee to effectively assess the implementation or non-implementation of measures taken to ensure economic, social and cultural rights. The report in part two covered the issues of precariousness, exclusion and unemployment in great detail. It lacked the rights based approach and thus did not give the Committee the chance to consider the implementation. This led to the list of issues. The Committee was disappointed that the French delegation had told them that they were not able to reply to the list of issues, because the greater part of the statistic tools were not adequate or not available. For most judgments the Committee therefore had to use statistics coming from other sources. She asked how a State party with such a vast array of legislation, plans of action and targeted measures could check the impact and implementation of its measures without statistics.
Other Experts raised a number of questions and issues. Concerning international development aid, an Expert expressed his surprise that the delegation had not answered this question in their responses. In addition, he did not find the argument of France plausible and asked for clarification regarding the major actions developed in order to combat poverty, in particular in least developed countries, and with regard to the current food crisis. An Expert welcomed the closing remarks of the Permanent Representative about the commitment of France to support the Optional Protocol to the Covenant and that economic, social and cultural rights should be treated on the same footing as civil and political rights. He asked the delegation to clarify the direct applicability of economic, social and cultural rights in French national courts and the lack of court decisions concerning these rights. It appeared there was an abundance of laws regarding the implementation of economic, social and cultural rights, but a lack of effective remedies for those who wanted to assert them. It also seemed there was no effort made to consider assessing whether with those laws, the objectives had been attained. Another issue was the ignorance of the French people regarding their economic, social and cultural rights, in particular, the high number of immigrant girls entering into forced marriages showed this issue.
There was a need for more training for the judiciary on economic, social and cultural rights. Though the measures taken by France, such as the promotion of the Optional Protocol, were very laudable, the question remained what had really been done in terms of training and efforts to raise awareness among the judiciary and other legal professionals. Clarification was asked on the implementation status of the law on guidance against exclusion.
An Expert asked if the recent change in government changed the commitment of France to the Covenant in any way. He also asked if human rights and especially consideration of economic, social and cultural rights were taken into account in France’s international aid programmes. The unusual position of France regarding minority rights and immigration policy were also addressed. An Expert complimented France on the clarity and preciseness of the report, which he regarded as one of the best reports he had read. He requested more information on the issues of homelessness and domestic violence against women and asked what had been done in this regard.
Response by Delegation
Regarding the method of the report, the delegation replied that the method followed did not make it possible to deal with all the rights dealt with by the Covenant in such details as requested by the Committee. This was decided and discussed together with the Committee during the preparation of the report. However, arguments by the Committee members were valid and should therefore lead to new considerations in linkage with the Committee. The delegation stressed the importance of being able to evaluate later how the report was produced and on what basis.
Regarding the amount and development of international development assistance and its linkage of human rights, France had statistics, published by the Organization for Economic Cooperation and Development, which showed that France was the third largest donor country worldwide. The decline of aid in numbers could be explained by debt cancellation. However, if debt cancellation was left out of the calculation there was an increase of the French aid by 4.3 per cent, and more importantly, the numbers showed the commitment of France, also with regard to the affirmation of the 0.7 per cent commitment recently by the President of the Republic. Aid herewith went to a large extent to least developed countries; in particular focus was put on Africa as the continent with the biggest needs. In addition France was actively developing financial sources for development funds along with other countries. These sources should be additional to budgetary sources, thus, not replacing but adding to them. The President has announced a doubling of France’s food aid, and France was working with several UN organizations. Trade negotiations were also taken into account. Strong emphasis was placed on the question of human rights and good governance when providing aid.
Concerning the role of the Commission on Human Rights, it was fully independent from the Government. It had very active and motivated support from civil society and was quite critical of the French Government.
On the position of France regarding economic, social and cultural rights, the delegation assured the Committee that the commitment of France to these rights was unaffected by the change of Government. This was shown in the debates of the Human Rights Council on economic, social and cultural rights, where France strongly supported initiatives combating poverty, and also in its support for the Optional Protocol.
Concerning minorities, individual rights were recognized in the legal system of France, not the rights of collective groups and minorities. Problems encountered by certain populations were addressed by the Government, such as easier access to universities for young people in low income environments. Many of the measures implemented since Mr. Sarkozy came to power included measures given to parts of the population living in difficult situations.
Regarding sufficiency of statistical data for follow up of programmes for the poor, the delegation said that there was a statistical section in each body of the government, which allowed in-depth analysis of statistical information. Regarding people in difficulty, observatories had been established to have a closer look at these people and thus there was a plethora of data. Young school dropouts were questioned several times in the years after their drop out. Statistics on ethnicity related to France’s position vis-à-vis minorities. France’s position was sometimes considered to be special. France did not have the constitutional means to identify integration statistics. However, numerous studies had been undertaken.
The law against exclusion of 1998 was based on the idea that exclusion and precariousness were a deprivation of rights. The aim was to ensure all members of society had access to rights, covering all aspects of economic, social and cultural rights. The public sector had created thousands of jobs.
With regard to public knowledge of these rights, in the wake of the law, a national survey had been carried out to determine the number of homeless. In the report, specific criticisms were set out, regarding the case of the homeless.
Regarding the question of people with disablities, many of them could not work and received financial aid. For those who wanted to work, they could but the unemployment level for persons with disabilities was twice the national unemployment level. There were indeed cases where companies refused to employ disabled people, which was a violation of their human rights. There was need for a law regarding the employment of people with disabilities.
Concerning the High Authority to Combat Discrimination and in Favour of Equality and how to appeal to it, it had been established in 2004 and had its own budget and means of acting to deal with complaints. Any citizen may see the inspectorate who may follow up and present the case before a court. The number of complaints rose constantly. Complaints were free and were either handed in by letter or could be made through a free telephone number. The High Authority in 2006 dealt with more than 2,000 claims, also including mediation and transfer of claims to the justice system. It had direct access to the courts. The number of claims was increasing as the High Authority became more known and used.
Regarding forced marriages and domestic violence, the delegation said forced marriages were addressed in recent government action, aiming to raise awareness of the public, and also strengthening the legal basis to fight it. In the law of 4 April 2006 regarding provisions of the civil code, the age for marriage rose to 18 years of age. This was intended to fight against forced marriages of minors. Forced marriage was an infraction of the penal code, and was punished with up to 7 years of prison and a fine. On domestic violence, the plan against violence covered in particular domestic violence against women. The plan was being observed by the inspectorates. Victims could dial a free telephone number for support for women in such situations.
Questions by Experts
An Expert said that the responses of the Government showed that a lot of measures were being undertaken now in connection with gender equality and violence against women, but they lacked a coordinated legal framework to deal with these issues. The Equal Wages Act did not deal with the cross cutting nature of wages between men and women. Had there been any results from implementing this act? How was France combating discrimination in general? The delegation had mentioned the number of complaints to the High Authority to Combat Discrimination and in Favour of Equality and the resources available to it, but what power and functions did the High Authority have? Could it levy any sanctions on non-complying companies?
Despite impressive measures by the Government to fight unemployment, the level of unemployment was still one of the highest in Europe, an Expert said. What measures had been taken by the Government to address the structural reasons behind this unemployment. Clarifications were requested on part-time work for women and youth unemployment. Some of the measures taken regarding youth unemployment could make the situation for young people even more difficult. Regarding minority rights, the Roma population still encountered difficulties regarding their rights. The Expert asked for an assessment of the informal economy. Also, the number of fatal accidents in the work place remained high and what was the explanation for this.
Concerning the problems of families headed by women, who suffered from multiple discrimination, especially those from a migrant background, was there a way that the social security system could address these issues?
An Expert said that to her knowledge, quotas in companies to hire persons with disabilities were not effective, and companies often seemed to rather pay a fine than employ a person with disabilities.
With regard to youth unemployment, this phenomenon led to further problems. What assistance was provided to young people under the employment for youth programmes? The report said it was difficult to stabilize employment after the five-year period of employment contracts for young people.
On the economic exploitation of young foreigners, what criminal law provisions, sanctions and punishments were carried out against private individuals to protect young foreigners?
An Expert said measures to combat wage discrimination were note-worthy and he extended congratulations to France. Were wage gaps affecting the public and private sector alike?
Response by Delegation
The delegation of France said that there was a legal framework, which was getting strengthened further through activities and programmes under the Ministry of Labor. One of the existing instruments within the framework was a Charter for Social Equality concerning rights of women mentioned by the Experts. France was working on ways to respond to gender inequality. All the Ministries would be involved in the implementation of measures to ensure gender equality, and as such ensure the effective measurement and monitoring of the activities. There was a follow-up on wage equality carried out by a follow-up committee which was developing a report on these issues. Also, France was considering fines for companies in non-compliance with those laws. There would be a round table discussion regarding wage gaps and ways to narrow these gaps, which were caused by part-time work. The wage differentials had been analyzed in the public sector, however, it was assumed that the private sector had a higher wage differential than the public sector.
The unemployment rate had been going down in recent years, the delegation said, and the trend was towards further reductions according to the observations in the first months of 2008. The decrease was particularly significant for young people and people in long-term unemployment. The reasons for this drop were aspects of economic policy and growth. Also important was the net creation of jobs, 60 per cent of which were full- time and permanent contracts. The quality of the employment service was supported by the adoption of new laws. Measures to further strengthen the economic growth which ensured better employment rates would have to be developed. As regards youth unemployment and mainstreaming youth in careers, France had a high percentage, more than twice the unemployment rate in general. However, the actual numbers of young people showed that the percentage is actually the same as the general one, due to long-term studies and stressed programmes to employ young people. These programmes offered State aid to companies and associations which employed young people. The system had worked very well, and the data for these young people after five years was excellent. Other efforts included the improvement and strengthening of training and orientation. Lack of jobs for young people in certain suburbs had been addressed by a specific programme for these areas, including autonomy contracts and other specific support.
Regarding young second generation migrants, who were experiencing the greatest difficulties to find jobs, the delegation said that an analysis of the riots events had shown that in the preceding two years before the riots, the unemployment rate had been increasing for this specific group. In particular, young women from the migrant area were the strongest effected. Part of the reason for this was that their qualification and education standards were extremely low. This, plus poor orientation regarding their studies after school and problems in the labour market based on their origin, worsened the situation. They also could not have access to many public and private sector jobs if they did not have French nationality. A lack of connection and network increased the difficulties. In addition, discrimination practices were an important reason.
Measures taken and appearing to be effective did not make a distinction between migrant and non-migrant youth. Three different measures could be taken, at school level, for low qualification youth and for qualified youth. Information about jobs, establishing first contacts with enterprises, assistance for training, employment, getting the first job, motivation, and jobs in suburbs and access to universities were among measures taken.
Some 18,000 youth had been sponsored by the Government a year, many of them coming from poor suburbs, the delegation said. Measures had been taken addressing problems of those young people to find their first jobs. On the question of the informal sector, France did not use this term. It was called illegal activity. The evaluation of this phenomenon proved to be difficult as it was not declared. The value of dissimilated or illegal labour amounted to billions of Euros. In France the fight against dissimilated or illegal labor aimed to move people out of these jobs, and aimed to show that employers had to take responsibility for their workers. Employment of the disabled was addressed in France by the quota system, encouraging companies to take on persons with disabilities, and fining them if they did not.
On social protection and the level of the statutory minimum wage, the delegation stated that regarding minimum income allowance, the last level in the social net, there was a consensus in the country that this should not apply to those between 18 to 25 years. However, the 18 to 25 years group received other assistance. In addition, the minimum income allowance was given to this group in cases of a young person raising a child, and assistance was provided through a special youth fund. With regards to statutory minimum wage, the question to be asked was the length of employment and the salary. Stepping over the poverty threshold was possible due to all the aid given. However, the delegation stated that reform of the assistance schemes was necessary. The Act of Solidarity, which went back to 2001, and was widely distributed, was an encouragement to get into a job. It became really active in 2006, permitting someone benefiting from minimum social benefits to receive 100 per cent of the allocation within the first 3 months when finding a new job, plus further payments afterwards. The system of incitement tool thus encouraged return to employment, one of the most important issues. The major reform in the utopian conditions was that the system should ensure that anyone with minimum revenue could obtain additional earnings.
Regarding occupational health and safety and work related accidents, the Government had launched a plan in 2005, to conclude in 2009. Effective control was provided through an increase in numbers of labour inspectors by 50 per cent. In order to strengthen controls in small- and middle-sized enterprises, a large number of controls had been undertaken aimed at certain activities known to be particularly accident prone. Campaigns addressing safety issues were also conducted. In risk related sectors, a convention was signed to reduce and prevent professional risks.
Regarding housing, in 2005 the Government adopted a law on new housing. In the private sector, the development and improvement of housing required rents to be adjusted and housing to be put on the market. The number of social housing had risen sharply between 2000 and 2007. France was developing a new plan to increase housing.
Follow-up questions were raised regarding domestic workers working under slavery like conditions and tools to help such workers. The Committee also asked for more statistics and information about the decline in structural unemployment, as well as the informal work market and the human rights of people involved. The issue of 7 million jobs closed to migrant youth, as well as the testing by the International Labour Organization, were also raised.
The delegation answered that domestic working conditions under slavery like conditions were prosecuted. Steps had been undertaken to protect the victims by the police, as well as their social rights and a ten-year-residence permit in case of criminal conviction was provided for. Regarding informal work, employers faced criminal offences, which led to fines and jail sentences. However, if it involved workers themselves in an irregular situation, in terms of their residence but in a formal job, this was another case. Regarding the 7 million jobs, negotiations with the enterprises had started, the extent and success of which would have to be seen. In order to ensure access to public jobs being ensured, training had been taken up.
Questions by Experts
In further questions and comments, Committee Experts asked for more information on the impact of measures undertaken to implement the provisions of the Covenant, especially measures undertaken by the Government to implement the law to combat poverty, precariousness and exclusion, which did not seem to have led to a significant reduction of poverty. Housing problems were addressed by a range of laws and measures, however, in practice no effective improvement had been seen. There was a lack of measures to provide alternative accommodation for evicted families, in breach of the guidelines of the Committee. Also, a high number of evictions, notwithstanding an unknown number of forced evictions, had been noted. Concern was expressed about the number of homeless and the measures taken against this phenomenon. There had been no reduction in the number of homeless, no collection of data, and a shortage of places and shelters. There was a huge deficit of social housing units as well as a problem of allocation of those units. Substandard housing lacking basic amenities, which affected about one million people, was also raised as a big area of concern, as well as the discrimination in access to housing affecting in particular minority groups. It was not enough to have the right to bring the right to housing to courts, but the financial means for housing needed to be provided.
An Expert asked for more information regarding actual measures and activities addressing the increasing number of suicides. An Expert expressed concern about the fact that in France a person could only access the national health system if he or she was not eligible for another health care system and that he or she lived in France for more than 3 months. Suicide as the second cause of death in France was a very alarming issue. In the light of the current food crisis, and a decrease in agriculture in France, would France consider evaluating agriculture higher in national politics? With regard to cultural rights, the question of support for national dialects and languages irrespective of the status of the people speaking them was raised. An Expert expressed the view of the Committee that regarding minority rights, these could only be effectively protected with a double view on collective and individual rights, including the rights of minorities to have their cultural rights accepted.
Other questions were raised about the rate of school dropouts and measures being taken to fight this; could the effects of the new education system be measured and were there any results; what were the chances of regional languages becoming national languages, if not official languages, in accordance with the teaching of those languages; and in the case of a considerable request by a group of people speaking a minority language, could France consider allowing teaching at least some topics at school in this language. There had recently been a considerable decrease of asylum seekers and refugees, and an Expert wondered if this was based on increasing difficulties for immigration. Also, the improved measures at airports and in shelters had so far not solved problems such as family reunification, and the Expert wondered if there were any measures planned to speed up this process. Other Experts asked what was the percentage of the poverty threshold; for more information on the Roma population; and the penalization of vagrancy and delinquency through a number of new laws and measures to address this phenomenon was another issue raised.
Response by Delegation
Regarding protection of children from violence the delegation stated that in the case of dysfunctional families, the social services got involved, which could lead to protective measures regarding the child, or, if this did not work, a judge could get involved and bring the child into legal care. This had been implemented in a lot of cases in France, which meant a significant expenditure from the Government budget. If the problem was purely economic, the family could obtain financial government support.
Regarding the question of corporal punishment, there was no criminal law expressively punishing corporal punishment, but the law had enough provisions to punish violence to a minor. Mistreatment of children under 15 meant aggravated punishment, as well as punishment conducted by a state employee, meaning teacher. Any mistreatment of children which could have long-lasting physical or mental damages was criminalized. Regarding children and women trafficking and pornography, a law adopted on trafficking and a law on child pornography provided for specific provisions to fight these crimes.
Measures in the fight against domestic violence and eviction resulted in condemnations of male violence and in some cases of female violence, the delegation said. The Government was attempting to adopt measures, one of the efforts being the creation of housing for women to escape domestic violence situations. On the questions on eviction and housing, the prevention of expulsion from housing had proven to be difficult. However, the amount of sub-standard housing had gone down, with the numbers following a fairly strict and straightforward definition. In this regard, the delegation pointed out that it was forbidden by law to rent out sub-standard housing.
The laws regarding eviction provided for a period of time in which mediation and other negotiation measures could be conducted. Measures that could be taken to prevent eviction were discussed. However, even if the number of eviction orders increased, the proportion of eviction cases was stabilized. This was not seen as satisfactory in this area.
Regarding minimum social benefits, the delegation referred to a methodology, called local fora, bringing together specialists in a specific area. The fora decided upon issues such as shelter and access to job markets. They applied the empowerment or association approach, meeting nationally or regionally. The active solidarity income programme addressed those who were less poor, in comparison to the very poor ones. The purpose of the programme was to simplify and bring together a whole lot of scattered systems. It took in the minimum income as a basis for the active solidarity income. The maximum that could be achieved would be the equivalent to today’s minimum insertion income. Budgetary restrictions however restricted the work. The delegation stressed that next to the programme, there was a whole range of other projects and support systems. People in severe difficulties received different types of assistance. People with the minimum social benefit group often found themselves in better situations than some people at work, thanks to the assistance they received.
Concerning the Roma, the delegation explained that there had been Roma people living and travelling in France for centuries, and they were called the people of the road. The communes were obliged to set up a camping site equipped with minimum facilities for the people of the road to settle down as long as they wished. Also, adapted residencies were offered for people who did not wish to travel longer but wished to live in a caravan. This policy met resistance; the communes had the obligation, but the policies were only implemented very slowly. At the same time, there were the Roma, who came from Eastern European countries, and brought about certain problems. They often lived in slum camping sites in certain counties of France, and these campsites were cleared by the authorities for health and safety reasons. The assistance given to these people was of humanitarian nature, for example by the Medecins du Monde. If they were excluded, they were given the possibility to make use of emergency shelters for a certain time. However, this population group seemed to disappear from the radar when offered assistance.
As regards the homeless, in France, the street people were visible, even if hard figures were difficult to find. In 2001, a national survey on street people was conducted by the National Institute, which resulted in some 100,000 people counted. Homeless people also included people living in hostels or shelters of different kinds, not just people living on the street. There were approximately 100,000 beds, one third of which were available for asylum seekers. Some 35,000 beds were reserved for women with children. On average, it took 18 months to find new housing. Emergency shelters were counting up to 30,000 beds in lower category hotels, as a tradition of asylum in the medieval sense. Protests of people had led to the adoption of a new policy by the government. It was seen as a revolving door policy, which turned out to be destabilizing for the individual, as they had to leave after a certain time. Thus, dormitories, with individual rooms, were considered. 250 million Euros were spent last winter on this policy.
Some substandard private housing had been addressed by a policy, however, this policy had been disappointing. The policy had therefore been strengthened recently, in order to ensure private housing standards. The State would step in to take over private housing where private landlords failed, and aimed to render this housing decent and livable. The clear goal was to bring down if not eradicate sub-standard housing in France. Two interim programmes aiming to provide half way housing, essentially a family system through social workers assistance to move into decent housing, had been created. NGOs and social workers were involved in these programmes.
The delegation said that the suicide rates were very high in France. Attempts to go on the offensive in this area were made by the Government through a 1994 suicide law, which resulted in a drop of the suicide rate. However, in 2008, the authorities had realized that a new plan was needed with more pragmatic goals. The most vulnerable members of society most likely to take their own lives were at the focus of systematic training courses and a national awareness campaign for health care workers. Potential teenage suicides as well as job related suicides were in particular addressed in specific courses and measures, as well as studies that were undertaken. In order to address moral harassment and bullying, new ways to bring these cases to court were created.
The French Government was also aware of the importance of the mental health of detainees and their right to health care. A study had therefore been undertaken, which led to activities to address these problems. Treatment of dangerous detainees included special care and attention, however, a shortage of psychiatrists in France rendered the situation difficult. The medical associations were encouraged to help to address this problem, but results had been slim.
Overseas territories were seen as part of mainland France, with the result that their inhabitants qualified for the same heath care system. Autonomy of these areas according to the wish of the people living there meant that they had their own governments, and often, such as in case of New Caledonia and Polynesia, these areas had their own health care system. The delegation stressed that the French State did provide financial aid where necessary to these areas, even when they had independent health care systems. Unique problems existed, such as specific diseases related to climate and geographical location. The State worked together with experts to find solutions against these diseases that did not exist on the mainland and provide care in the affected areas. Another specific problem was the shortage of hospitals in overseas areas, with the existing hospitals ageing very quickly due to the climate and the lack of personnel. A major shortage of psychiatrists in general was another main issue which the State was trying to deal with.
The share of agriculture in the French economy was falling, though it was still a major part. The delegation agreed on the importance of the agricultural sector, especially in light of the current food crisis and thus also agreed that it should receive more focus.
Regarding family reunification, the delegation reiterated France’s commitment to provide for asylum. According to the latest asylum rates, France was the country accepting the second largest asylum seekers. The delegation was aware that measures still needed to be made, especially to make the system more flexible, and to reduce the time of investigation of requests.
By definition, the assessment of those who were irregularly in the country was difficult. France’s detention time period was the shortest in the European Union. Bilateral contacts regarding migrant flows, as part of the general approach, were established. The concerned Ministry had requested the prefects in France to examine more closely the individual situation of each case, and address problems that were identified. Socio-linguistic workshops for migrant women on the territory for some time had been set up, hand in hand with a social activity to make the course more attractive.
As regards reunification of families, it was related to the time the person had been in France, with a minimum requirement of 18 months. Certain conditions such as resources and housing available to bring and sustain the family had also to be satisfied. A simplified waiver system was applied. The family members staying back in their country may visit the family in France, and may stay. However, the delegation agreed that this process should be sped up.
French judges tried to eliminate any disadvantages regarding divorces involving migrant women. Monogamy was a principle in France. The judge had to check all details, in order to avoid the inequality of the foreign rule. However, seamless legal protection had to be ensured.
Regarding the right to education, dropouts had dropped off significantly over the past 30 years. Over one generation, the early dropouts went from 25 per cent to 6 per cent. There was a hard core of people likely to drop out. Thus, a large number of 17 year olds did not have a certificate of second cycle. The first cycle also showed a slight drop off. As such, the delegation stressed that France was in a good position in comparison with the European Union average. However, the problem of good education had to be admitted. Measures to deal with the hard core included to set up priority education, and to give more to those who needed more. The system had gradually expanded, now covering one student out of five. So far, no meaningful improvement of the gaps had been identified, but at least the gaps had not widened. In 2006 the Government had agreed to give rewards for best efforts. New topics, such as the teaching of Mandarin, support for teams working in difficult situations, vocational training for children, tutorials, access to make up classes, and other measures were introduced.
The fact that France did not recognize collective rights did not mean that there were no or less rights. People belonging to specific groups, such as the Corsicans, may not want to be called a minority. Regarding the teaching of minority languages, the teaching of such languages had been encouraged for the past 50 years. More than 20 regional languages were at present taught in the national system. The number of learners had also been growing in recent years. The teaching was done in the public school system, as bilingual instruction on hourly basis in the regional language. Public funding was available for such teaching. One thousand five hundred teachers were involved in this. Thirdly, together with the associations, a programme was created which established regional language teaching in schools. A declaration to the competent authorities by an individual could be made, which resulted in the set up of such language trainings in the school. However, no certificates could be given about those courses.
Further Questions from Experts
Committee Experts asked about France’s position with regard to criminalizing domestic violence, so-called voluntary DNA tests for visa issuance in cases of family reunification, and if France intended to amend its Constitution to include regional languages.
Response by Delegation
In response, the delegation answered that France had no intention of amending the Constitution, but that that did not prevent the fostering of regional languages and diversity. France had criminal rules against people destroying property and against aggressive begging, which qualified as harassment. Since 1992 begging and vagrancy were no longer criminal offences in France. Roma were generally not recognized as minorities in France. DNA tests in visa application procedures were in fact voluntary, and the authorities would ensure that families were not otherwise affected by this. However, the procedure was still only starting, and effects and results would be monitored.
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