Committee on Economic, Social and Cultural Rights Commends France for Allowing the Committee to Receive Individual Complaints, Raises Questions on Inequalities between Metropolitan France and the Overseas Territories and Pension System Reforms

The Committee on Economic, Social and Cultural Rights today concluded its review of the fifth periodic report of France under the International Covenant on Economic, Social and Cultural Rights.  Committee Experts commended France for ratifying the Optional Protocol to the Covenant and allowing the Committee to receive individual complaints, and asked questions on inequalities between metropolitan France and the overseas territories and the 2023 reform of the pension system. 

Laura-Maria Craciunean-Tatu, Committee Chair and Country Rapporteur, said it was commendable that France had ratified the Optional Protocol to the Covenant, being one of the 27 States parties to this instrument.  This was an important step in increasing the justiciability of economic, social and cultural rights at the national level.  

Ms. Craciunean-Tatu said severe inequalities reportedly remained glaring between metropolitan France and the overseas territories.  Unemployment was 2.5 to five times more present in the overseas departments than in metropolitan France.  In 2022, prices remained higher in the overseas departments than in metropolitan France.  What were the concrete measures and policies envisaged to address these issues?  What short- and long-term measures were adopted to deal with the recurring problem of access to water in Mayotte and Guadeloupe?   

Another Committee Member asked why the Government had not submitted the 2023 pension reform for parliamentary scrutiny?  From the Covenant’s view, the best way to make a decision was through the Parliament, but unfortunately, the Government decided to make the decision by itself.  The Prime Minister had said it was her responsibility, but why was the Parliament avoided? 

Introducing the report, Delphine Borione, Ambassador for Human Rights, Ministry of Europe and Foreign Affairs of France and head of delegation, said France was a social republic. 55 per cent of its gross domestic product was redistributed to public policies with social components, such as policies promoting health for all, free education, retirement and gender equality, and policies combatting poverty.  France was attached to promoting solidarity and equality in accordance with the 2030 Sustainable Development Goals.   

The delegation said that since 2022, a consultative dialogue was started with overseas territories to discuss differentiation and adaptation of public policies to make them fully effective.  In July 2023, 18 measures were agreed on aiming to create jobs and transform them, improve everyday life and support vulnerable groups, help young people and students receive training and skills, adapt regulatory policies to the local context, and build infrastructure designed to meet new challenges.  A 2016 action plan granted 200 million euros to Mayotte and 100 million to Guadeloupe to bolster measures in the domain of water access.  97 per cent of the measures of the action plan had been implemented, and there were only some individual cases of water pollution in those regions.  

On the pension system reform, the delegation said an accelerated procedure for approving the reform had been used.  Its procedural aspects were in line with international practice.  Pension reform aimed to ensure long-term balance in the pension regime and redistribute larger sums especially towards women, who had up to 40 per cent smaller pensions compared to men. 

In concluding remarks, Ms. Craciunean-Tatu thanked the delegation for participating in the constructive dialogue.  She expressed hope that the concluding observations would be concrete and implementable for the improvement of economic, social and cultural rights on the ground. 

Ms. Borione said the exchange allowed France to benefit from the Committee’s recommendations and allowed the State party to assess its public policies.  France had ratified all key human rights instruments and protocols allowing treaty bodies to receive individual complaints.  As a social republic, France aimed to reduce social inequalities.  The rights of each individual needed to be respected.  France would never compromise on equality, freedom and human dignity.  It sought sustainable peace and universal human rights.   

The delegation of France was comprised of representatives from the Ministry of Europe and Foreign Affairs of France, the Permanent Mission of France to the United Nations Office at Geneva, the Ministry of Social Affairs, the Ministry of National Education and Youth, the Ministry of Interior and Overseas Territories, the Ministry of Culture, and other institutions. 

All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.  Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.   

The Committee will next meet in public at 3 p.m. this afternoon, Tuesday, 3 October, to conclude its consideration of the initial report of Qatar (E/C.12/QAT/1). 

Report 

The Committee has before it the fifth periodic report submitted by France (E/C.12/FRA/5).   

Presentation of Report 

DELPHINE BORIONE, Ambassador for Human Rights, Ministry of Europe and Foreign Affairs of France and head of delegation, said that respect for human rights was a cornerstone of French identity, as demonstrated by the signing of the Universal Declaration of Human Rights in Paris in 1948.  Upholding human rights was a daily mission requiring tireless efforts.  Crises like the COVID-19 pandemic and Russia’s aggression against Ukraine affected the most vulnerable in societies.  Further, climate change required more justice and solidarity.  Human dignity and sustainable development could only be secured through the universality of human rights, which was promoted by the Covenant. 

France was a social republic, with 55 per cent of its gross domestic product being redistributed to public policies with social components, such as policies promoting health for all, free education, retirement and gender equality, and policies combatting poverty.  This figure was among the highest in the world.  France was attached to promoting solidarity and equality in accordance with the 2030 Sustainable Development Goals.  The State party listened closely to civil society actors who worked closely with the vulnerable.  Public policies affected all those in France, including those in overseas territories, with some differences.   

Progress had been made in implementing the 2016 recommendations of the Committee.  France adhered to the International Convention on the Elimination of All Forms of Racial Discrimination.  The Government promoted gender equality, a culture of equality and economic empowerment for women, and worked to combat sexual and gender-based violence and sexual discrimination.  It also worked to combat discrimination based on racism and antisemitism, including against the Roma population.  France tried to promote social and cultural reintegration for the Roma.   

Promoting equal opportunities and more possibilities for all vulnerable groups was important and significant progress had been made in that regard.  Effective access to housing was further strengthened over the past five years, especially regarding the re-housing of the homeless people.   

Access to healthcare as a constitutional principle was tested during the pandemic.  Considerable measures were taken to assist the economy and schooling during this period.  Specific measures were taken to combat youth unemployment and raise the youth’s trust in schools.  In 2019, a “pact for childhood” focusing on child protection policies was established.   

A national environmental plan was drafted, with 10 billion euros mobilised to achieve the State’s environmental goals, including combatting climate change.     

Questions by Committee Experts 

LAURA-MARIA CRACIUNEAN-TATU, Committee Chair and Country Rapporteur, said it was commendable that France had ratified the Optional Protocol to the Covenant, being one of the 27 States parties to this instrument.  This was an important step in increasing the justiciability of economic, social and cultural rights at the national level.  But so far, the Committee had received only a few individual communications from France.  What training had been provided to legal professionals on economic, social and cultural rights?  How were the provisions of the Covenant and the possibility of lodging individual complaints disseminated to civil society in both metropolitan France and the overseas territories?  Were there any national and regional court decisions related to the exercise of economic, social and cultural rights?  The National Commission on Human Rights had received “A” status from the Global Alliance of National Human Rights Institutions since 1999.  How was France currently acting on the recommendations made by the National Commission on Human Rights?   

In 2023, the 2017 law for real equality in French overseas territories and other provisions in social and economic matters were still not effectively applied; the people in these territories largely remained left behind.  Publications of national human rights institutions showed that severe inequalities remained glaring between metropolitan France and the overseas territories.  Unemployment was 2.5 to five times more present in the overseas departments than in metropolitan France.  In 2022, prices remained higher in the overseas departments than in metropolitan France, in particular for food products: from nine per cent higher in Réunion to 16 per cent higher in Guadeloupe.  For all the overseas departments, price differences had increased since 2015.  Similar price disparities existed in education and healthcare.  France did not make the necessary declaration for the revised European Social Charter and its protocols to apply to non-metropolitan French territories.  As a result, over the last 50 years, the overseas territories had almost never been covered in France's periodic reports on economic, social and cultural rights to the Council of Europe and had never benefited from a collective complaint before the European Committee of Economic and Social Rights of the Council of Europe.  What were the concrete measures and policies envisaged to address these differences in access to and enjoyment of economic, social and cultural rights between the overseas territories and metropolitan France?  Did the State party intend to apply the revised European Social Charter and its protocols to the non-metropolitan French territories?  What short- and long-term measures were adopted to deal with the recurring problem of access to water in Mayotte and Guadeloupe?  What specific measures were adopted to ensure appropriate care for unaccompanied minors in overseas territories? 

In its last report in 2022, the Strategy Evaluation Committee noted a lack of improvement in indicators of inequalities in early childhood and of educational success, and reported a lack of data allowing the monitoring of macro-indicators for housing, health and social rights.  In light of these findings, how did France plan to evaluate its measures to combat exclusion and poverty?   

What measures were planned to implement the 2021 decision of the Administrative Court of Paris, which obliged the State to repair the environmental damage caused by the climate crisis?  Were any additional, more ambitious measures planned to combat climate change and the degradation of biodiversity?  What urgent measures were being considered to provide sustainable drinking water to populations residing in overseas territories, particularly in the Antilles and Mayotte?  What steps were being considered to implement the various Government measures aimed at promoting life “without the risk of chlordecone”?   

What measures were adopted to systematically ensure a sufficient water supply for migrant camps, particularly in Calais and the town of Grande Synthe, in line with the September 2023 decision of the Court of Justice of the European Union?  What were the results of the implementation of the law of February 7, 2022 generalising the use of the minority assessment help file?  What remedies were available to migrants who were registered in this file, preventing them from being taken into care by child welfare services?   

What concrete measures were put in place to ensure that the United Nations Guiding Principles on Business and Human Rights were applied to the financial sector?  Was there any plan to train judges, prosecutors and other law professionals in this new field of law?  What was France’s total official development assistance for 2023?  Did it amount to 0.61 per cent, as the Government had proposed? 

Responses by the Delegation 

The delegation said collective complaints could be launched in France.  There were trainings for lawyers and judges on the provisions of the Covenant, including an initial six week course on the application of international law.  Ten civil servants and other professionals were temporarily placed in international courts and institutions each year.  The provisions of the Covenant were key parts of university law courses and subsequent bar examinations.  Lawyers needed to have full knowledge of the implementation of the Covenant.  All the Committee’s recommendations and decisions were disseminated to the courts and other legal professionals.   

France had a minister responsible for the overseas territories, who was on a daily basis working on harmonising standards and laws with those of the mainland.  Since 2022, a consultative dialogue was started with overseas territories to discuss application of the Convention, as well as differentiation and adaptation of public policies to make them fully effective.  In July 2023, 18 measures were agreed on aiming to create jobs and transform them, improve everyday life and support vulnerable groups, help young people and students receive training and skills, adapt regulatory policies to the local context, and build infrastructure designed to meet new challenges.  Another meeting would be held in 2024 to discuss the application of these measures.  A 2016 action plan granted 200 million euros to Mayotte and 100 million to Guadeloupe to bolster measures in the domain of water access.  97 per cent of the measures of the action plan had been implemented, and there were only some individual cases of water pollution in those regions. 

Taskforces working to combat discrimination against lesbian, gay, bisexual, transgender, intersex and questioning persons and other vulnerable communities communicated constantly with one another.  They drafted national policies to combat racism.  In 2023, two new plans to address racism were adopted.  France also had a 2018 to 2023 national strategy addressing poverty and exclusion that was evaluated by highly qualified experts.  The 2022 report on implementation of the strategy did note the difficulty of assessing the impact of the strategy on poverty reduction, due to factors such as disruption caused by the pandemic.  Also, there were local initiatives regarding social exclusion and poverty.  The Government had, based on assessment of the previous strategy, developed a new strategy for solidarity for 2023 to 2028, which included more inter-institutional cooperation.  It aimed to improve measurement of the impact of local level measures.  Policies aimed at eliminating poverty and exclusion by 2030 were also a pan-European Union priority.  

The State party intended to respect the relevant decision of Court of Justice of the European Union and international standards regarding internal and informal border checks.  France hosted among the highest numbers of migrants of countries in Europe.  Migrants in Calais were seeking to get to the United Kingdom.  Special units promoting access to healthcare, asylum procedures and other aspects were deployed in Calais.  In 2022, there were 7,200 individuals in migrant shelters, a number that had appeared to have dropped significantly this year.  Schooling and other tailored programmes for unaccompanied minors were important.  Specific reference persons existed for the unaccompanied minors. 

In July 2021, the Council of State received a request from several non-governmental organizations regarding implementation of the goals set by the Paris Agreement.  The Council recognised progress made by the Government, but achieving a 40 per cent reduction in greenhouse gas emissions by 2030 required additional dynamics.  To achieve this and implement the European Green Deal, the regulatory framework needed to be further developed.  Legal instruments were being developed within a working group comprising about ten European Union member States.   

France pioneered protection of human rights within the business sector with a law established in 2019.  The national point of contact worked to raise awareness regarding the Guiding Principles and international norms.  France would welcome a universally legally binding instrument on business and human rights established within the United Nations.   

 

Questions by Committee Experts 

A Committee Expert requested information on the State’s efforts to implement the Committee’s statement from April 2021 urging pharmaceutical and other companies to refrain from invoking intellectual property rights in a manner that was inconsistent with the right of every person to access a safe and effective vaccine against COVID-19. 

Another Committee Expert asked what measures would the State party take to make sure that victims of violence were getting justice?  What measures were taken to prevent femicide?  How did the State plan to promote sex education in schools?  How was equal access to contraception and adoption clinics being guaranteed across the territory?  How was the State party planning to combat poverty, including through both current and planned legislation?   What methodology did France use to ensure the Committee’s recommendations were implemented?  Did France have a national follow-up mechanism to ensure the implementation of these recommendations? 

A Committee Expert mentioned that France’s free trade agreement with Egypt stipulated that human rights and principles were the basis of the relationship between the two parties.  How was this being applied?  If there was a conflict between a Covenant obligation and an European Union one, which one would take precedence? 

Another Committee Expert asked how France assessed the impact of the law on vigilance.  Was the second action plan on business and human rights being drafted?  In the action plan, how would the requirement for the financial sector be robust? 

MICHAEL WINDFUHR, Committee Expert and member of the country taskforce for France, asked if the State party was assessing and adapting its climate policies? 

Another Committee Expert asked what France was doing to address the effects of climate change on developing countries and global poverty?   

MIKEL MANCISIDOR, Committee Expert and member of the country taskforce for France, said that regional disparities had increased over the past several years.  What data had been collected on these and what measures were in place to address the disparities?   

LAURA-MARIA CRACIUNEAN-TATU, Committee Chair and Country Rapporteur, asked why the Protocol was not being used.  Why had the Committee received only a limited number of complaints from French individuals?

 

Responses by the Delegation 

The delegation said a 2018 law recognised sexual harassment in the streets as a criminal offence.  In December 2019, another act of legislation established a public transport infrastructure to make sure that women did not encounter violence.  This was also followed by awareness raising campaigns.  Police, social services and hospitals to make sure the complaints mechanism was accessible and effective.  There were two training programmes on assistance for victims for the general public and public officers.  Several specific guidelines were designed regarding the rights of the victims.  There were courses for police officers addressing sexual harassment of children, children’s psychology and domestic violence.  The 2018 law granted a new status to victims of domestic violence.   

A multidimensional response was needed to combat poverty and improve living standards.  Since 2017, the country was focused on the “Housing First” programme, which had benefited thousands of individuals.  The State was moving from providing shelters and temporary housing towards more permanent housing, including to foreign citizens.   

Regarding the environment and climate change, a conference was held in 2022 to combine development goals and climate goals with goals for combatting poverty.  France was keen to contribute to a green economy.  The Paris Club was committed to addressing debt in the context of climate change, and active discussions were underway.  Focus was put on poor countries, especially islands threatened by the rising seas.   

France was insisting within the European Union and internationally that vaccines should be considered as global health goods, not regular market products.  There was a need to finance research but access to vaccinations should be granted as broadly as possible.  Pilot projects promoting access to vaccinations existed in South America and Africa.    

European Union policies promoted the protection of human rights within free trade agreements and dispute settlements between investors and States.  France was the largest European Union country.  Most of its social policies were national frameworks, and the rights to social benefits and services was the same regardless of the location.  However, there were different circumstances in different locations, which were also being addressed through coordination between State and local authorities.   

Public authorities were keen to establish equality in access to abortion clinics and benefits across France.  There was also a petition to include this right in the Constitution.  Midwives could perform abortions in health centres when doctors were absent, and tele-counselling was available for persons considering abortions.   

France aimed to provide all children with education in all parts of their schooling across France.  There was a national plan to prevent discrimination against lesbian, gay, bisexual, transgender, intersex and queer persons.  Civil society organisations were invited to schools to provide information on combatting such discrimination.  Also, schools promoted a culture of equality and zero-tolerance to violence.              

Since 2018, the State party was implementing the national action plan on human rights in cooperation with the National Commission for Human Rights.  The plan included measures for promoting human rights in the business and financial sectors.

 

Questions by Committee Experts 

MICHAEL WINDFUHR, Committee Expert and member of the country taskforce for France, expressed concern that, according to a report by the Court of Auditors, support provided to those receiving the “Active Solidarity” income or seeking employment through the Pôle emploi State employment agency was weak and unsuccessful.  Pôle emploi was reportedly under-resourced to provide adequate services.  It was scheduled, along with a host of social services, to be integrated into the new agency “France travail”.  This reform could negatively affect the most vulnerable.  Did the reduction in the employment rate reflect a reduction in the use of temporary work contracts?  What concrete impact had State measures to reduce the use of temporary contacts had?  Why was there a higher percentage of women and young persons in such work?  How would France Travail mitigate the structural and resource inefficiencies of Pôle emploi to guarantee effective provision of services?  Had the State achieved its goal of implementing a six per cent quota of employees with disabilities in public institutions and positions of seniority?  

What was the strategy to facilitate the right to work for women, older and young persons, particularly in overseas departments?  How did the State monitor continuously the implementation of measures for these groups and regions?  Did it plan to establish a dedicated national mechanism for monitoring trafficking?  How was it detecting and identifying victims while also ensuring they had access to remedy?   

Why were most prisoners unemployed?  How this would be remedied?  How was the International Labour Organization Convention 190 implemented regarding combating sexism and gender violence at work?  What were the biggest obstacles towards destigmatising disabilities in the mainstream job market and the State’s plans to overcome them?  How would job categories which were most vulnerable to the negative impacts of labour automation and digitisation, such as domestic work, agriculture and mining, be accounted for regarding the integration of artificial intelligence in the economy?  Which budgetary measures were adopted to ensure that health care workers and teachers would be paid fairly, and was there any timetable for their implementation??  

Responses by the Delegation 

The delegation said France had this year reached its lowest unemployment rate since the 1980s, however, there were problems influenced by demographic changes, economic changes and choices in terms of public policy, especially since 2017.  The Government was aiming to address problems caused by the COVID-19 pandemic and the aging population.  France had exerted great efforts to redistribute a high level of its gross domestic product to citizens.  A number of measures were taken to respond to the needs of the labour market, including an investment of 15 million euros in upskilling the workforce.  The State was rolling out provisions to integrate vulnerable groups, including persons with low levels of qualifications, persons unemployed for a long time and older persons, into the workforce.  The State was providing job offers, training, work experience and help in adjusting in social difficulties to youth to facilitate their entry into the labour market, benefiting thousands.  The 2018 law overhauled the French policy on learning.  The number of apprentices had risen from 400,000 to 700,000, and the State’s goal was to reach one million.  People could now become apprentices much later as well.   

The wage gap did persist but was slowly shrinking.  The professional equality index introduced in 2018 took into account the position of women, and would be extended to the civil servants.  The 2023 to 2028 equality plan identified included measures for supporting youth.  France ranked below the European Union average in terms of its employment rate for older persons, but was making progress over the past two decades in that regard.  Business and companies that were facing difficulties in recruitment were receiving support from the authorities when employing vulnerable individuals.  Further, the State was improving coordination with the services that dealt with vulnerable groups.  Unemployment insurance reform was being carried out to encourage companies to give long-term rather than fixed-term contracts, and to better take on board changing policy in terms of the labour market.  Pension reform aimed to ensure long-term balance in the pension regime and redistribute larger sums especially towards women, who had up to 40 per cent smaller pensions comparing to men.         

Public employment policies applied in the overseas territories.  People under 25 in the overseas territories were somewhat disadvantaged compared to in mainland France.  This issue was being addressed.   

The State was increasing salaries, including starting salaries, for all teachers.  Teachers who undertook additional roles on a voluntary basis also received additional remuneration.  France had a long legacy of promoting the freedom of trade unions.  No-one could be apprehended purely for demonstrating in France, and procedures existed in that regard.  Law enforcement officers were present at demonstrations to protect protestors and journalists. 

Questions by Committee Experts 

A Committee Expert asked for more information regarding the reform of the labour law.  Over one thousand were arrested at “yellow vest” demonstrations, and hundreds of cases were pending.  Could the delegation comment on this response?     

MICHAEL WINDFUHR, Committee Expert and member of the country taskforce for France, said the prevalence of high poverty rates might be related to the high number of precarious jobs.  The gender pension gap had a high impact on women.   

Another Committee Expert asked whether the pension systema applied to European Union citizens and non-citizens on equal footing, considering the provisions of the Covenant in that regard. 

MOHAMMED AMARTI, Committee Expert and member of the country taskforce for France, to assess mercury levels in French Guiana, the Government had conducted research and epidemiological studies.  What were the results of these?  To what extent had mercury poisoning impacted the health of pregnant women and children?   

The living conditions of unaccompanied migrant children were reportedly constantly deteriorating and their situation has become worrying.  What measures had been taken to remedy this situation?  

In response to the Orpea care home scandal, the Government had announced the opening of two administrative and financial investigations, which had pointed to serious dysfunctions in the management of these retirement homes.  The Government had announced a vast reform plan for these institutions.  What follow-up had been carried out by the public authorities to put an end to the practices revealed by this scandal, and what concrete measures had been taken to improve living conditions in these establishments?  Were administrative sanctions been taken against those responsible?  Had the matter been taken to court?   

The Expert called for data on indicators of malnutrition, overweight and obesity by age group.  How were families, the education system, the media and civil society involved in food education efforts?  What concrete measures were taken to combat extreme poverty in rural areas and certain overseas departments, and for certain categories of the French population?   

What difficulties had been encountered by the State impeding the right to adequate housing?  What measures were taken to prevent forced evictions and to ensure that such evictions are carried out only as a last resort?  Was the State working to stop local authorities from cutting off water and electricity supplies in informal settlements?   

The Expert also called for data on health indicators and infant and maternal mortality rates in the overseas regions.  The Committee was concerned by reports of deteriorating working conditions for health personnel, long waiting times for appointments, refusal of care and ill-treatment, as well as disparities in the enjoyment of the right to health according to geographical territory and socio-economic situation.  What impact had recent State health measures had on access to health and the quality of care, particularly measures affecting the eligibility conditions of refugees, asylum seekers and migrants for state medical assistance.  What were the conditions for accessing State medical aid before and after the changes that had been introduced?

 

Responses by the Delegation 

The delegation said that since 2017, France had committed itself to increasing international aid.  Public development aid went from 10 billion euros in 2017 to 15.3 billion euros in 2022, or 0.36 per cent of gross domestic product.  Its new revised solidarity programme allowed France to become the fourth-largest donor globally in 2022.  The two main objectives of the programme were to maintain public goods and combat global poverty.  The State’s objective was to devote 0.7 per cent of gross domestic product to official development assistance in 2030. 

Data collection on trafficking of human beings and identification of victims were priorities for France.  Public awareness raising campaigns to protect victims of trafficking existed.  Data collection on trafficking of human beings was part of the second national action plan.  Since 2016, three laws had been developed that addressed labour exploitation.  There were specialised means of contacting victims while protecting personal data.  A central office existed to combat trafficking.  New training programmes for law enforcement officers were established and carried out in cooperation with civil society organizations.  Also, a third national action plan was launched in 2023; its publication was expected soon.   

The “yellow vests” crisis was followed by a national debate, with two million online contributions.  The Government adopted measures to address the issues being protested in rural areas, where needs could be different.  It was providing support for rural businesses and medical buses, and had set up a fund to support mobility.  Specific measures were devised for those living in collective housing.  2.3 million people received fuel payment assistance to help to deal with situation. 

The European Union’s “Green Deal” included measures addressing air quality and water treatment.  In the Council of Europe, France was part of a group working on that issue as well.  The Government would continue to work to reduce carbon emissions.  It had compensated for excessive emissions made in 2022, and launched an ecological plan.  Further, it had adopted strategic documents to adapt to climate change since the early 2000s.   

Several initiatives were taken to promote adaptation to climate change in the overseas territories.  Complete mitigation and adaptation plans for these territories should be articulated by 2024.  France had territories in four oceans.  Cyclones, precipitation, droughts, rising sea levels were all endangering its territories.  A low carbon strategy and biodiversity strategies were in place.  In designing and implementing different strategies for the future, the Government was taking into account the 20 per cent projected rise in extreme weather conditions by 2050.  In the agricultural domain, the Government was assisting in implementing a food sovereignty programme to cover local food needs with local production, and protecting overseas farmers against various threats. 

The Government in 2023 pledged to implement more measures to promote the employment of persons with disabilities.  “France Travail” supported job seekers with disabilities.  Another measure promoted strengthened cohesion between employers and employees with and without disabilities.  Public and private sectors were involved in awareness raising campaigns in that regard. 

Two new initiatives were launched to promote the rights of groups at risk of being discriminated against in the workplace.  The Government was conducting testing of bias in recruitment procedures and collecting statistics in that regard.  A whole set of identical resumés would be sent to companies, and if those companies’ selections demonstrated bias, they would be required to launch an action plan, with consequences if there were no visible changes within six months.  In July 2023, a bill on workplace equality was drafted, and it would be assessed in Parliament soon.     

The pay scale for healthcare sector staff was adjusted, especially those domains where women worked predominantly.  The Government had implemented a pay rise in the public sector, allocating 19 per cent of increases to the social security sector.  Better payments for medical staff were thus secured, with nurses in the early stages of their careers receiving a 200 euros per month pay rise.   

To help employers to maintain their workers, the Government had reformed employment insurance to promote more permanent contracts, introduced a new methodology for calculating wages and provided support for human resources, especially in smaller companies.  Women received up to 40 per cent lower pensions than men.  To support women’s participation in labour markets, combat stereotypes and promote wage equality, the State was negotiating salary transparency in the European Union.  Also, increased pension payments in 2022 meant that women’s pensions had risen for 13 quarters, slowly closing the gap.  Regarding the pension nationality, a foreigner did not have to work longer in the European Union to acquire a right to a pension.  The same rights applied as if a person was a French citizen.  However, pension rights could be subject to the provisions of bilateral conventions. 

Up to 2004, there were high levels of mercury recorded in the local indigenous population of French Guiana.  The pollution was caused by gold mining and river fishing in the region.  Measures were implemented to address the pollution, and mercury levels in water were now lower than the World Health Organization threshold.  Actions were taken to prevent the consumption of polluted fish, especially among pregnant women and children.  The 2021 epidemiological study carried out by the regional agency found that mercury and lead poisoning could have affect kidney function and lead to autism in children.  The data would be used to identify specific areas of risk.  In 2021, a strategy was launched that would last until 2025 that would focus on reducing mercury and lead pollution.  Apart from changing consumption habits, the Government would also implement measures to prevent pollution.       

Shelters had been established for unaccompanied minors, where health assessments were carried out.  The law prohibited shelters in unauthorized structures such as hotels.  The system was under tension, due to a 40 per cent increase in unaccompanied minors entering France.  The Government would allocate 500 euros per evaluation and 90 euros per day over a limited period to cover shelter costs.  In Mayotte, around 900 minors were cared for by the authorities.  More long-term, sustainable policies should be articulated.   

Measures were taken to address the Orpea retirement home scandal.  A report on the incident had been conducted and inspections had been carried out.  Complainants had alleged institutional ill-treatment and embezzlement of public funds.   

17 per cent of the French population were obese.  France was rolling out a nutrition health plan, planned for 2024, with measures encouraging participation in sports and joint initiatives with health insurance actors.  The aging population and falling numbers of healthcare staff were contributing to deteriorating conditions in healthcare.  The issue was not tied to expenditures.  Human resources were an issue.  The State had increased pay for healthcare workers.  France wanted to make the most of digital innovations through services such as tele-counselling.  There were around 400,000 users of such counselling. 

Eight million euros per year had been invested since 2018 to provide housing to persons living in slums.  3,000 persons were re-housed since 2018.  Modular housing was also considered.  More than 3,000 children in slums were given access to school.  Expulsions followed relevant legislation and were not forced.  They were just one element of slum clearance.  Access to water was increased with the assistance of non-governmental organizations.  A 2020 European Union  directive on access to water for all had been domesticated in French law in 2023.  Awareness raising on access to water was conducted in 17 languages.  The prolongation of loans and housing deposit subsidies were part of a new plan worth 500 million euros over five years that aimed to increase access to housing.  Thousands of people benefited from these measures.          

 

Questions by Committee Experts 

One Committee Expert said that information was circulating regarding demonstrations in Carhaix in France occurring after a six-month old girl died, apparently due to the closure of the local hospital overnight.  Did hospitals have sufficient staffing?   

Why had the Government not submitted the 2023 pension reform for parliamentary scrutiny?  From the Covenant’s view, the best way to make a decision was through the Parliament, but unfortunately, the Government decided to make the decision by itself.  The Prime Minister had said it was her responsibility, but why was the Parliament avoided? 

Another Committee Expert said that climate change tended to affect more vulnerable groups.  Did the State party review how its mitigation policies affected vulnerable groups?  What measures would the State party take to tackle the effects of climate change on vulnerable groups? 

MOHAMMED AMARTI, Committee Expert and member of the country taskforce for France, said that in Mayotte, an operation was launched to combat illegal migration and housing in 2023 that involved forced expulsions of people.  How did the authorities ensure these persons’ right to housing?  There were reports of persons whose names sounded foreign being refused access to housing.  How were the authorities managing and reacting to this situation? 

A Committee Expert asked about the extent to which migrants in irregular situations had access to health services.  Did they have the same access as other migrants or French citizens?  What plans did the Government have to address environmental degradation in Guiana and the Antilles?  What reparation and compensation would be provided to the affected communities? 

MICHAEL WINDFUHR, Committee Expert and member of the country taskforce for France, said that over 90 per cent of Guadeloupe had good quality water, but non-governmental organization inputs showed frequent water shortages.  What did the “housing first” policy mean for other social housing programmes?  Did it deduct from other programmes or cause problems in other domains? 

LAURA-MARIA CRACIUNEAN-TATU, Committee Chair and Country Rapporteur, said travellers were required to live outside cities in caravans in highly polluted areas.  The right to housing had a cultural component.  What were the measures adopted to meet the needs of travellers regarding the rights to basic services?  A 2023 law on protection of housing against “illegal populations” attracted some criticism.  Information was needed on the scope and implementation of the law.  How were the concerns of human rights institutions addressed?

 

Responses by the Delegation 

The delegation said an accelerated procedure for approving pension reform had been used.  Its procedural aspects were in line with international practice. 

Access to healthcare specialists in rural areas was a major issue.  The State aimed to provide equal access in rural and urban areas.  More posts were being opened for medical students and mobility was encouraged.  Universal health protection applied to all after three months of regular residency.  For persons of irregular status, The Government had provided 4.3 million euros worth of medical aid, consultations and medicines.  The main generic medicines were paid for, with proportionate restrictions.   

The national plan to combat poverty was tied to the Solidarity Pact and it included measures encouraging an ecological transition to improve infrastructure.   

Travellers were French citizens with nomadic and semi-nomadic ways of life.  France provided all travellers, including the Roma, with temporary installations.  4,000 members of those communities were registered.  This population had a specific administrative status.  They were now fully fledged French citizens.  The July 2023 anti-squat law included stringent measures to combat illegal occupations.  This was conceived to balance rights between different individuals.  The State had rehoused some 200,000 persons with a budget of three billion per year; a colossal effort on the side of France.  The State adopted a decentralised approach conducted with local authorities, in the view of various housing initiatives. 

The local population in Mayotte was suffering due to housing and other challenges.  Several dwellings were destroyed as part of efforts to combat crime.  Care was given to the elderly, children, persons with disabilities and others, to make sure everyone rights were respected.  A roadmap was drafted for Mayotte to enable adapted housing.  Different types of housing were being offered, including temporary housing, social housing for 18 to 24 month stays and others.   

Regarding the water cuts in Guadeloupe, water management was the responsibility of the local authorities.  However, given the serious problems, the State supported these authorities with financial resources.  It also provided engineering support worth several million euros for that territory alone.  Support for the water union in 2023 was projected to be over 20 million euros.  The Government’s priority was to protect the population.  The ruling on consumption of contaminated food resulted in a 50 per cent reduction in consumption over the short term.  Assistance to fishers and farmers was also secured.  In addition, the Government was subsidising excessive costs for treating drinking water. 

 

Questions by Committee Experts 

MIKEL MANCISIDOR, Committee Expert and member of the country taskforce for France, said France adopted measures to tackle school dropouts and combat bullying in schools, however there were reports of unfortunate cases of bullying. Did the State party consider that the measures adopted were sufficient?  What measures were taken to ensure that education was free of charge for Roma children and other vulnerable populations?  How was the State party identifying and tackling problems of schools preventing the enrolment of children with disabilities and the abundance of segregated education.  According to some estimates, almost 100,000 children did not have access to school.  What were the State party's observations on the lack of schooling for children and what measures did it intend to take to combat this problem?  France was one of the European countries with the greatest social inequalities in educational performance, so comment was required.  The proportion of the state budget allocated per student had steadily declined for six years.  How was the State ensuring equal access to higher education for all, without discrimination?  What measures were taken to ensure that indirect costs did not hinder access to higher education for students from disadvantaged backgrounds? 

Mr. Mancisidor inquired about the compatibility of French legislation with the Committee’s general comment 21, where it was stated that a person could exercise cultural rights individually, in association with others or within a community or group.  Did France intend to ratify the Council of Europe's European Charter for Regional or Minority Languages, which referred to "seven regional languages of France: Basque, Breton, Catalan, Corsican, Dutch, German and Occitan"?  The 2021 Law on the Protection of Heritage and Promotion of Regional Languages  established the unconstitutionality of “teaching by immersion in a language other than French and of the use of diacritics of regional languages in civil registry items”.  This legislation did not recognise the cultural rights of regional language speakers.   

What measures did the State adopt, in the context of widespread disinformation, to ensure that citizens received information in accordance with the best available scientific knowledge and at the same time were protected from misinformation that could affect the enjoyment of their economic, social and cultural rights?

 

Responses by the Delegation 

The delegation said France aimed to offer all pupils the right to wellbeing.  The Ministry of Education made this its priority this year.  New inter-ministerial measures were announced in 2023.  Cyber bullying required an inter-ministerial response.  Measures had been implemented to stop bullying and identify bullies.  In cases of severe bullying, persons could be withdrawn from schools.  All incidents of bullying needed to be recorded.  Anti-bullying coordinators were appointed to prevent bullying.  School staff and parents were being trained regarding the issue.  There would be an exchange of information with the Prosecutor’s Office and others on potential criminal sanctions for bullies and their parents in extreme cases.  In dramatic cases of suicide or attempted suicide, prison sentences up to 10 years were envisaged.  Under the proposed sactions, judges could also ban bullies from social media. 

All migrant children should have access to education.  Pedagogical units were established to enable such children to follow classes.  The State provided school mediation and educational psychologists for those living in slums or similar areas.  Local and regional authorities did support pupils to a certain degree.  For instance, they provided subsidies for transport or school materials.  Limiting transport time was important.  There were 59,000 schools on the mainland and in the overseas territories, covering France’s broad population of children.  Subsidies were also provided for school meals.  For the most disadvantaged, there was a free breakfast service.  3,000 pupils per year used this opportunity.  Children with disabilities needed to be included in schools.  The number of such children enrolled in schools had doubled over the past decade.  The numbers of professionals who could assist children had increased, both in and outside of school.  Mobile teams of education professionals were established.  400 million euros would be devoted to assisting children in national education.  100 centres for children with autism and intellectual disabilities would be established. 

The constitutional provisions that provided for the unity of the French and collective rights did not take precedence over individual rights.  The overseas population was constitutionally enshrined on the same level as other French citizens.  The United Nations Declaration on the Rights of Indigenous Peoples was a step in the right direction.  Particular attention would be paid to specific territorial concerns.  

The regional languages of France belonged to French cultural heritage.  The regional languages act of 2021 recognised these languages and sought to protect their heritage.  Greater attention was being given to these languages in public education.  France had not ratified the European Charter for Regional or Minority Languages but had signed it.  In 2022, the national council for regional languages and culture was established.  A general directorate for the languages of France would also be established soon.  Promoting and disseminating regional languages was important.  The State supported many pedagogical, cultural and scientific projects in that domain.  A conservatory would be set up to establish a database of French languages.  

All students should have equal opportunities.  Schooling was compulsory.  Only the competent authorities could permit students to be home schooled.  There were 60,000 such requests, 80 per cent of which were accepted.  The State had a strategy promoting equal opportunities and access to quality higher education.  Obligatory education for ages three to five was problematic in Guiana, due to infrastructure.  Reducing class sizes was important.  Pedagogical support and support for homework was provided in elementary and middle schools in vulnerable areas.      

 

Questions by Committee Experts 

One Committee Expert said that next year, France would host the Olympics, but athletes representing France would be banned from wearing headscarves.  How did France use due diligence in the context of the Olympics? 

A Committee Expert asked whether France had considered suspending funding to Bridge International Academies, given reports of unfavourable practices in Africa?  Had the State adopted any due diligence mechanisms to prevent further occurrences of such practices? 

Another Committee Expert asked about the number of illiterate children, including those from migrant backgrounds, as well as about the share of private schools comparing to public ones.

 

One Committee Expert said called on France to exercise international diplomacy to address the human rights problems seen across the world. 

MIKEL MANCISIDOR, Committee Expert and member of the country taskforce for France, said the Constitutional Council had advised against ratification of the European Charter for Regional or Minority Languages.  What were the specific aspects that could not be implemented? 

LAURA-MARIA CRACIUNEAN-TATU, Committee Chair and Country Rapporteur, asked for clarification on the July 2023 law on squatting.  Would eviction measures be complemented with the provision of access to adequate housing? 

 

Responses by the Delegation 

The delegation said that the 2024 Olympics would be sustainable for the first time in history.  The French team could not wear any religious attire when representing the country.  Information on the Olympics’ social impacts, sustainability and due diligence obligations was available online.    

The July 2023 law provided ownership rights and the unconditional right to shelter.   

The Government had made a commitment to combating illiteracy in overseas territories.  30 per cent of the population did have illiteracy issues.  New trainings and recognition methods promoting literacy had been established.  The State planned to strengthen French teaching for non-French children to promote bilingualism.  There were 55 languages spoken in the overseas territories.   

Around 17 per cent of pupils were enrolled in private education, with around 13 per cent at primary level and more at higher levels of education.  Actions were taken to increase the numbers of grants for private education for vulnerable children.

 

Closing Statements 

LAURA-MARIA CRACIUNEAN-TATU, Committee Chair and Country Rapporteur, thanked the delegation for participating in the constructive dialogue.  She expressed hope that the concluding observations would be concrete and implementable for the improvement of economic, social and cultural rights on the ground. 

DELPHINE BORIONE, Ambassador for Human Rights, Ministry of Europe and Foreign Affairs of France and head of delegation, said the exchange allowed France to benefit from the Committee’s recommendations and allowed the State party to assess its public policies.  France continued to support multilateralism.  It had ratified all key human rights instruments and protocols allowing treaty bodies to receive individual complaints.  Recommendations from treaty bodies were followed up on by all relevant ministries.  The treaty bodies and United Nations special procedures were vital for human rights protection across the world.  As a social republic, France aimed to reduce social inequalities.  France would continue to make progress on all areas raised during the dialogue.  The rights of each individual needed to be respected.  All parts of the planet were equally linked, and France was committed to tackling climate change and protecting the environment.  France would never compromise on equality, freedom and human dignity.  It sought sustainable peace and universal human rights.  

 

Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.

 

CESCR23.015E