COMMITTEE ON RIGHTS OF CHILD REVIEWS SECOND PERIODIC REPORT OF FRANCE

2 June 2004


The Committee on the Rights of the Child today reviewed the second periodic report of France on how that country is giving effect to the provisions of the Convention on the Rights of the Child.

Marie-Josee Roig, Minister of the Family and Child of France, recalled that efforts in the last decade were guided by the concern to deeply entrench the rights of the child into France’s legislation and practices. One of France’s concerns had been the strengthening of its institutions and procedures that would allow a better consideration of the best interests of the child and the family.

Ms. Roig said that at the international level, France was committed to the promotion and protection of the rights of the child through its increased contributions to international cooperation. It had ratified the two optional protocols to the Convention and it had invested much in the preparation of the Special Session of the General Assembly on Children and the conferences on children in Stockholm and Yokohama.

In preliminary remarks, Hatem Kotrane, the Committee Expert who served as country Rapporteur to the report of France, said that the dialogue with the delegation had been constructive and fruitful. France was one of the best friends of the Convention, and the Committee welcomed the high-level French delegation.

Mr. Kotrane also welcomed the progress made by France in adopting new legislation and in strengthening its institutions in all sectors, including the information received on the role played by France at the international level and its plan to increase its contribution to international cooperation to 0.7 per cent in the future.

Over two meetings, Committee Experts raised a series of questions asking why children could not be members of associations; if child asylum seekers had access to education and health services; about the implementation of the Convention in French Polynesia and other overseas territories; the extent of paedophilia; lack of harmonized statistical data; follow-up to the ill-treatment of children in overseas territories; the thousands of people in French Guyana without civil status; difficulties in acquisition of citizenship by minors; lack of control on video games and videos in general; de facto discrimination of “minorities”, such as naturalized French, particularly of Muslim origin; the efforts made to promote tolerance with regard to the prohibition of headscarves in public institutions; and the practice of corporal punishment, among other things.

The 29-member delegation of France included representatives of the Ministry of Social Affairs, the Ministry of National Education, the Ministry of Justice, the Ministry of the Interior, the Ministry of Foreign Affairs, the Ministry of Overseas, as well as members of France’s Permanent Mission in Geneva.

As one of the 192 States parties to the Convention, France is obligated to submit periodic reports to the Committee on its efforts to implement the provisions of the treaty.

The Committee will reconvene in public on Friday, 4 June at 10 a.m. to adopt its concluding observations and recommendations on country reports it considered this session, including that of France, before closing its three-week session.

Report of France

The second periodic report of France (CRC/C/65/Add.26) notes that the changes made in recent years in France with the aim of developing certain specific rights for children, notably a right to express an autonomous opinion in important matters affecting them, represented indisputable progress in light of the requirements embodied in the Convention on the Rights of the Child. These changes form part of continuing efforts to strike a balance between the attention paid to the aspirations of minors, their protection and the parents’ duty to bring them up. Since the submission of its initial report to the Committee, France has taken measures to bring its legislation and policies into line with the Convention.

The French child protection system is the outcome of the development of the social welfare and child protection systems since the nineteenth century, the report says. The most important change has been the decentralization of social welfare services for children and maternal and child protection. However, the State is responsible for negotiating international instruments, drawing up regulations on family policy and measures to encourage social development, and improving the operation of all the services within its competence, such as education, police, hospitals, the protection of minors on group residential holidays, justice and young people with disabilities.

The report also notes that France is very active in the development of instruments relating to the rights of the child. It actively supported the adoption of the optional protocols to the Convention on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflicts. France also played a large role in the Second World Congress on the Commercial Sexual Exploitation of Children held a Yokohama in December 2001. Within the European Union, the first “Europe’s Day of Child” was held in Paris on 20 November 2000.

Presentation of Report

MARIE-JOSEE ROIG, Minister of the Family and Children of France, recalled that her country presented its initial report to the Committee in 1994. Ten years later, France was before the Committee again to assess the situation through the consideration of its second periodic report, which was submitted two years ago.

Efforts during the last decade were guided by the concern to deeply entrench the rights of the child into the country’s legislation and practices, Ms. Roig said. The progress made could be measured through six dynamic main lines which were the creation of new institutions for the comprehension of children and of their needs; family support and parenthood; reform of the family law and its influence over children’s lives; the place given to minors’ expression; child protection; and France’s international commitment to the implementation of the principles of the Convention on the Rights of the Child.

Ms. Roig said that one of France’s concerns had been the strengthening of its institutions and the procedures that would allow a better consideration of the best interest of the child and the family. The law of 25 July 1994 had restored the family conference which brought together the representatives of the movements of the family, social partners and deputies around the head of the Government. The conference held last year had dealt with the rearing of the child and the reconciliation between the family and professional lives of parents. The purpose was to allow families to fully assume their responsibilities and to be able to understand the true choice in the interest of the child. The theme of this year’s conference, which would be held at the end of June, was adolescents.

At the international level, Ms. Roig continued, France was committed to the promotion of the rights of the child. It had increased public assistance to development. It had ratified the two optional protocols to the Convention and it had invested much in the preparation of the Special Session of the General Assembly on Children, and the children’s conferences in Stockholm and Yokohama. France was fully committed to the promotion and protection of the rights of the child.

Questions Raised by Committee Experts

HATEM KOTRANE, the Committee Expert who served as country Rapporteur to the report of France, said that the Committee was aware that the large majority of the 13.5 million children living in France went through their childhood and adolescence without facing any major problems. They lived in a country that had been spared from war for decades, where their health was protected, their education was assured and their voice was heard. The presence of a large French delegation was a sign that France was taking the implementation of the Convention seriously.

On general measures, Mr. Kotrane said France had followed the recommendations of the Committee made after considering its initial report, including the global approach to the implementation of children’s rights and through the submission of regular reports.

The work and the activities of the Ombudsman on human rights should be commended, Mr. Kotrane said. The Ombudsman prepared annual reports on the human rights situation in the country and continued that task without being interrupted by any change of government.

The role played by France at the international level should be commended; it had participated in the drafting and adoption of the optional protocols to the Convention, he said. It had also played other relevant roles in the international arena with regard to the rights of the child. He, however, regretted that France did not reach the international target of development assistance of 0.7 per cent of its Gross National Product (GDP).

France had maintained its reservations on the Convention with regard to the protection of the rights of minorities, Mr. Kotrane said. It had said that minorities were well protected and there was no need to accept that article. The reservation gave France a negative image. It was undeniable that there were minorities in France of a different nature. France had also made declarations on other articles of the Convention.

The French Court of Cassation had refused to directly invoke the Convention, Mr. Kotrane noted. What measures were taken to widely disseminate the Convention, particularly among judges?

LUIGI CITARELLA, the Committee Expert serving as Co-rapporteur, said some of the recommendations made on the initial report were not taken up in the second periodic report. French legislation used the term minors instead of children. The report said that the child had rights and obligations but could not exercise them. The delegation was requested to elaborate on that statement. What was the minimum age for a child to appear before a juvenile judge?

On the age of marriage, the minimum age was different: 15 for girls and 18 for boys. The minimum age of enlistment into the army was 17 which was an inappropriate age, he said. The legal system made distinctions between “legitimate” and “illegitimate” children. Did the legislation still contain that provision? Pregnant women were required to register their pregnancy with a social security body. They were also required to have regular medical examinations. Was that a legal obligation?

Other Committee Experts also raised a series of questions. Among other things, they asked why children could not be members of associations; if child asylum seekers had access to education and health services; about the implementation of the Convention in French Polynesia and other overseas territories; the extent of paedophilia; lack of harmonized statistical data; follow-up to the ill-treatment of children in overseas territories; the thousands of people in French Guyana without civil status; difficulties in acquisition of citizenship by minors; lack of control on video games and videos in general; de facto discrimination of “minorities”, such as naturalized French, particularly of Muslim origin; abortion; the Observatory for Children in Danger; the efforts made to promote tolerance with regard to the prohibition of head scarves in public institutions; and the practice of corporal punishment.

Response of Delegation of France

Responding, the delegation said the Observatory for Children in Danger was established in 2004 to deal with ill-treated children. A number of bodies were represented in its work. A scientific group was also attached to it. The Observatory organized workshops and scientific projects. Its purpose was to shed light on the phenomenon of ill-treatment of children, raise awareness on the issue and design preventive measures. It coordinated scientific research and studies by different bodies and individuals.

On the application of the Convention in overseas territories, the delegation said that many of the territories had their own laws. The French Republic did not recognize the notion of minority, the delegation said. In Mayotte, for example, there was no discrimination based on sex or race. Other laws on the protection of the rights of the child had been applied in all overseas territories. A number of steps had been taken to combat social exclusion and poverty in those territories, depending on the demographic structure of each territory. Family benefits had been substantially increased. In French Guyana, school structures had been financed, with 200 school classes made available recently.

Concerning religious symbols, the delegation said that the French Constitution provided for laicity and the authorities had promoted dialogue. Due to the problem arising with regard to religious symbols, the Government had been obliged to adopt a law on the issue. The problem started in 1989 when three students came to school wearing headscarves. Following governmental circulars prohibiting such headscarves, a law had been adopted in 2004 affirming the laicity of schools and prohibiting religious symbols. The principle of laicity was of important value for the respect of others. Disciplinary measures could be taken against a student who refused to conform to the new law. France attached great importance to its secular schools. The step taken by the Government was to enable all to live together.

Paedophilia, unfortunately, existed in France, the delegation said. France was ever more active in combating paedophilia and other forms of sexual violence. The penalty for such acts had been reinforced. Sentencing had been increased to two years. Measures had been taken so that convicted persons, after completing their sentence, should be followed-up with the establishment of a fingerprint database. A working group had been set up on sexual tourism abroad involving French citizens.

On voluntary interruption of pregnancy or abortion, the delegation said it was only permitted under certain conditions. Abortion had to take place within the first twelve weeks after conception. A multi-disciplinary medical team had to examine the pregnant woman before the baby was aborted.

On the issue of decentralization, the delegation said that France had lived for many years under a centralized regime. The decentralization process had given powers to regions and departments. Parliament was now working on legislation to clarify the decentralization process, which had transferred powers to the local bodies. The actions of the departments were based on the laws, which also included the implementation of the rights of the child.

With regard to disparities between departments, the delegation said that in
the last 15 years, the disparities had diminished. In social areas, the departments themselves were making laws on social affairs and to generate resources.

France would not withdraw its reservations on minorities, the delegation said. It considered that minorities as a group could not enjoy rights. France respected the rights of all people as individuals.

On conditions of minors in prisons, the delegation said that police and other officials treated them with dignity. Violent behaviour was not accepted and it was punishable by law. The police and the gendarmerie received initial training in human rights education. The national commission that monitored police conduct was an independent body and victims of violence could lodge complaints with it.

In French, the use of the term “minor” had no negative connotation and it applied to persons up to the age of 18 years, the delegation said. Minors had associations and their participation in them was guaranteed.

Measures had been taken to combat female genital mutilation, the delegation said. There were only a few cases of physical offences against children. Within the context of corporal punishment in the family, depending on the injuries, violence against children was punished. Corporal punishment was not used to the extent that it inflicted injuries. The French legislation did not expressly prohibit corporal punishment but intentional injury was considered to be a criminal offence.

On civil status in Guyana, the delegation said that since it was a large country, there were communities, mainly Amerindians, living in both areas in Brazil and Guyana, which made it difficult to control the movement of the population.

There was recognition of the overseas cultures and languages, the delegation said. The law had also reflected that recognition in its provisions.

France had been contributing to international development cooperation, the delegation said. By contributing 0.41 per cent of its Gross National Product, France was among the major international contributors. By the end of 2007, its contribution would reach 0.5, and 0.7 per cent by 2012.

Questions by Committee Experts

Committee Experts continued raising further questions on issues such as paternal responsibility in rearing a child; the evolution of the law on family reunification; children with disabilities; the aims of education; the measures taken to improve performance in schools which children of migrants attended; the prosecution of children from the age of 10; the number of child asylum seekers; minimum age of criminality; the high number of males in institutions for children with disabilities; monitoring of private schools; prevention of violence in schools; the treatment of Roma children; child separation from parents during imprisonment; how the report and the discussion would be disseminated; the high number of child placements; and the extent of child poverty.

Response by Delegation

Responding, the delegation said that in 2003, there had been 3,200 children under State care who were ready for adoption. Among them, 1,100 were given up at birth.

Under the State protection measures, 35,000 children were living under State responsibility, the delegation said. Some of them had health and behavioural problems. Others suffered from disabilities, which made it difficult to find foster families to take care of them.

On international adoptions, France had bilateral agreements with countries of adoption on the provision of follow-up information on adopted children.

Issues concerning adolescents would be dealt with during the family conference to be held this month, the delegation said. Measures might be suggested to improve the situation concerning adolescents in the society. While paediatric treatment stopped at the age of 15, adulthood medical care commenced at 18. There was a gap in the treatment of the adolescents between 15 and 18. The conference might suggest solutions to that problem.

With regard to poverty in families, the delegation said that unemployment was one of the causes. One million children were affected by poverty caused by unemployment. The Government had taken measures to redress the situation.

On family reunification, the delegation said that children who did not come to France through a unification process might not receive family benefits.

Children from Algeria could be brought to France through the “kefala” system, provided that a judge approved that Islamic adoption, the delegation said. That practice had been carried out since 1968 on an exceptional basis.

Concerning unaccompanied children kept in waiting zones in airports, the delegation said that every affiliation was examined before allowing them to be reunited with their families. The period of retention would be shortened through accelerated procedures.

Preliminary Remarks

HATEM KOTRANE, the Committee Expert who served as country Rapporteur to the report of France, said the dialogue with the delegation had been constructive and fruitful. France was one of the best friends of the Convention on the Rights of the Child. The Committee welcomed the high-level French delegation, which was headed in the morning by the Minister of the Family and Child.

He also welcomed the progress made by France in adopting new legislation and in strengthening its institutions in all sectors. The Committee had received information on the role played by France at the international level and it welcomed the plan to increase its contribution to international cooperation to 0.7 per cent in the future.

France had drawn attention to the country’s efforts concerning adolescents and the conference on that issue was scheduled for this month, Mr. Kotrane said. However, there were discrepancies on the age of criminal responsibility of a child; on holding of children in airports; and on the minimum age for marriage which were not in line with the provisions of the Convention.

France was not a country of inequality but the rights enshrined in the Convention should fully be enjoyed by all, he added.

LUIGI CITARELLA, the Committee Expert who served as Co-rapporteur, said the dialogue was not an examination but a way to find out further information on the rights of the child in France, and to identify difficulties encountered by the State party in implementing the provisions of the Convention.

He noted that considerable progress had been made by the State party and it should continue to do so. More efforts should be made in overseas territories, including New Caledonia, for which France had international responsibility. France should ensure the enjoyment of the rights embodied in the Convention in all the territories under its control.