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Title: France Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
FRANCE
France is a constitutional democracy with a directly elected president
and National Assembly and an independent judiciary.
The law enforcement and internal security apparatus consists of a
Gendarmerie, national police, and municipal police forces in major
cities, all of which are under effective civilian control.
France's highly developed, diversified, and primarily market-based
economy provides residents with a high standard of living.
The Government fully respected the human rights of its citizens, and the
law and judiciary provide effective means of dealing with instances of
individual abuse. Racially motivated attacks by extremists caused the
death of two members of ethnic minorities. The Government has taken
important steps to combat violence against women and gender-based job
discrimination. Abuse of children is a serious problem. A series of
apparently politically motivated terrorist bombings killed 8 persons in
mainland France and 37 in Corsica.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings by
government officials.
A series of apparently politically motivated terrorist bombings killed 8
persons and wounded more than 160 others in Paris. In two other cases,
extreme rightwing youths attacked and killed members of minority ethnic
groups (see Section 5).
In Corsica, there were 37 assassinations and an average of one bombing a
day, some of which were politically motivated.
In October a court found a police officer guilty of involuntary
manslaughter for shooting 17-year-old Rachid Ardjouni during the course
of a 1993 arrest. The police officer was sentenced to 24 months in
prison, 16 of which were suspended, and ordered to pay damages to
Ardjouni's family. In another 1993 case, an appeals court ordered a
police officer to stand trial for murder in the fatal shooting of Makome
M'Bowole, a 17-year-old youth from Zaire, during an interrogation at a
Paris police station. Still under judicial investigation are two cases
from 1994 where police were accused of using force which resulted in
deaths.
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits such practices and the authorities punish officials
who employ them. Isolated instances of police misconduct occurred, but
there is no evidence of a pattern of such abuses.
In August three Marseille police officers severely beat a young
Frenchman of North African origin. All officers have been suspended and
are under investigation for the assault. An appeals court found
sufficient grounds to order a Paris police officer, previously found
innocent of assault and battery during a 1994 identity check, to pay
damages to Dr. Pierre Kongo of the Central African Republic.
Prison conditions generally exceed international standards and the
Government permits visits by human rights monitors. Most prisons
provide opportunities for paid employment as well as recreational
facilities. Foreign prisoners are offered courses in the French
language. In its 1994 report the French organization, "International
Observer of Prisons (IOP)," noted cases of overcrowding and mistreatment
in some prisons. The report questioned whether the deaths in prison of
two inmates in 1994 were really suicides, as determined by the
authorities. The IOP also noted that prisoners have greater access to
health care, following implementation of a 1994 law.
d. Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest, detention, or exile and the
Government observes this prohibition.
During 1994 and 1995, however, the European Court of Human Rights found
in five of the seven cases brought for review that authorities had
exceeded a "reasonable delay" in bringing defendants to trial.
In narcotics trafficking convictions, courts often assess a customs fine
based on the estimated street value of the drugs in addition to a jail
sentence. At the end of their jail terms, prisoners who cannot pay the
fine are detained for up to 2 years while customs officials attempt to
reach the largest possible settlement. This practice has been
criticized by the European Court of Justice.
On June 20, in a coordinated action police arrested 140 persons around
the country who were suspected of supporting Islamic militants in
Algeria through arms trafficking or of being linked to the wave of
terrorist bombings in France. All were released within 1 to 4 days,
except for 20 who remain in custody under investigation for charges
related to terrorism.
A 1994 case where French police detained 26 resident non-French Muslims
suspected of supporting Algerian terrorists continues. The 26 were held
several weeks before 20 were deported to Burkina Faso. French human
rights groups claimed that the detainees' constitutional rights were
violated in that: they were never charged with a crime; they were not
permitted to remain in their own place of residence; and those deported
were not given a hearing. The Government argued that the 26 presented
an imminent danger to public order and security, and that it therefore
acted within the law. One individual has since been permitted to return
to France. At least seven deportees appealed to the administrative
courts; a court has overturned one deportation order, involving several
defendants, but the Government has appealed this decision. Other
deportees' cases were awaiting decision at year's end.
There are no provisions for exile, and it does not occur.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the Government
respects this provision in practice.
The judiciary provides citizens with a fair and efficient judicial
process. There is a system of local courts, 35 regional courts of
appeal, and the highest criminal court, the Court of Cassation, which
considers appeals on procedural grounds only.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law prohibits such practices, government authorities generally
respect these prohibitions, and violations are subject to effective
legal sanction.
A wiretap of an official who was believed to be involved in a political
corruption case was found to be illegal in February by a Paris appeals
court.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and of the press, and the
Government respects these rights in practice. An independent press, an
effective judiciary, and a functioning democratic political system
combine to ensure freedom of speech and of the press, including academic
freedom.
In January the Government ordered a 24-hour shutdown of Skyrock Radio on
the grounds that a talk show host had broken the law concerning "respect
for human beings" in praising the recent killing of a police officer.
The station ignored the Government request and stayed open. The
Government subsequently took the station--which remains on the air--to
court. In a separate proceeding, a civil court ruled in favor of the
dead officer's family, which had brought suit against the talk show
host.
b. Freedom of Peaceful Assembly and Association
The law provides for these rights and the Government respects them in
practice.
c. Freedom of Religion
The law provides for separation of church and state, and the Government
respects this right in practice.
The State subsidizes private schools, including those that are church-
affiliated. Central or local governments also own and provide upkeep
for other religious buildings constructed before 1905, the date of the
law separating church and state. Cultural associations with religious
affiliations may also qualify for government subsidies. Contrary to
practice in the rest of France, the Jewish, Lutheran, Reformed, and
Roman Catholic religions in three departments of Alsace and Lorraine
enjoy special legal status. Adherents of these four religions may
choose to have a portion of their income tax allocated to their church
in a system administered by the central Government.
Debate continues in France over whether denying some Muslim girls the
right to wear headscarves in public schools constitutes a violation of
the right to practice their religion. In 1989 the highest
administrative court ruled that the "ostentatious" wearing of these
headscarves violated a law prohibiting proselytizing in schools. After
much media attention--mainly unfavorable--to the wearing of such
headscarves, in 1994 the Ministry of Education issued a directive that
prohibits the wearing of "ostentatious political and religious symbols"
in schools. The directive does not specify the "symbols" in question,
leaving school administrators considerable authority to do so. France's
highest administrative court affirmed in 1995 that simply wearing a
headscarf does not provide grounds for exclusion from school, and
several hundred students continue to wear them.
In April the highest administrative court ruled that Jewish students
could be excused from attending classes on Saturdays, the Jewish
Sabbath. The court said that a 1991 law laying out the rights and
responsibilities of students in public schools could not be used to
prevent authorized absence from school for religious worship or the
celebration of a religious holiday.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The law provides for these rights, and the Government respects them in
practice. The Government cooperates with the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting refugees.
There were no reports of forced expulsion of those having a valid claim
to refugee status.
Section 3 Respect for Political Rights: the Right of Citizens to
Change their Government
The Constitution provides citizens with the right to peacefully change
their government, and citizens exercise this right in practice through
periodic, free and fair elections held on the basis of universal
suffrage.
There are no restrictions in law on the participation of women in
politics or government, but they remain significantly underrepresented
in public offices, especially at the national level. Four of 32 cabinet
members, 18 of 321 Senators, and 29 of 577 Deputies in the National
Assembly are women. To increase women's participation, some parties
have established quotas for them on electoral lists or in party
management.
The citizens of the "collective territory" of Mayotte and the
territories of French Polynesia, Wallis and Futuna, and New Caledonia
determine their legal and political relationships to France by means of
referendums, and they elect Deputies and Senators to the French
Parliament.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A wide variety of local and international human rights organizations
operate freely, investigating and publishing their findings on human
rights cases. Government officials are generally cooperative and
responsive to their views. The French National Consultative Commission
on Human Rights (NCCHR)--which has nongovernmental as well as government
members--also monitors complaints and advises the Government on policies
and legislation. It is an independent body within the Office of the
Prime Minister.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Statutes ban discrimination based on race, religion, sex, ethnic
background, or political opinion, and the Government effectively
enforces them.
Women
The penal code prohibits abuse as well as violence against women. Wife
beating is a felony. The penalty for rape ranges from 5 to 20 years in
prison, with no differentiation between spousal and other rape. There
were 6,540 reported rapes or sexual assaults in 1995. Some 15,700
incidents of wife beating (including 98 which resulted in death) were
reported to police in 1993 (latest data). The Government offers
shelter, counseling, and financial assistance, and operates a telephone
hot-line, and in 1995 added 500 additional staff members at these
welcome centers. About 60 private associations also help battered
women.
While the law requires that women receive equal pay for equal work, this
is often not the reality. A 1994 study (latest data) found a mean
discrepancy between wages of women and men of 20 percent in the private
sector and 18 percent in the public sector. The same study found that
the unemployment rate for women averaged about 4 points higher than that
for men.
Children
The government demonstrates a strong commitment to children's rights and
welfare through well-funded systems of public education and medical
care. The Ministry for Family Affairs oversees implementation of the
Government's programs for children. There are strict laws against child
abuse, particularly when committed by a parent or guardian. In 1994
(latest data) there were 15,000 reported cases of mistreatment (physical
violence, sexual abuse, mental cruelty, or severe negligence) against
children. Special sections of the national police and judiciary are
charged with handling these cases. The Government provides counseling,
financial aid, foster homes, and orphanages, depending on the extent of
the problem. Various associations also help minors seek justice in
cases of mistreatment by parents.
Some immigrants from countries where female genital mutilation (FGM) is
customary subject their children to this practice, which is widely
condemned by international health experts as damaging to both physical
and psychological health. Authorities have prosecuted some cases
involving FGM and have undertaken an information campaign to inform
immigrants that FGM is contrary to the law and will be prosecuted.
People with Disabilities
There is no discrimination against disabled persons in employment,
education, or in the provision of other state services. The Government
announced several measures this year to boost employment opportunities
for the handicapped. A 1991 law requires new public buildings to be
accessible to the physically handicapped, but they are unable to enter
most older buildings and public transportation.
Religious Minorities
The annual NCCHR report released in March noted a 10 percent decrease in
the number of threats or attacks against Jews, from 181 in 1993 to 162
in 1994 (latest data). There were eight arrests in 1994. These cases
are under judicial investigation.
National/Racial/Ethnic Minorities
Anti-immigrant sentiments sparked incidents including occasional attacks
by skinheads on members of the large Arab/Muslim and Black African
communities, and the Jewish population. In March the annual report of
the NCCHR (see Section 4) noted a 13 percent rise in racist attacks and
threats, from 172 in 1993 to 194 in 1994 (latest data).
On the fringes of a May 1 National Front political rally a skinhead
reportedly pushed Brahim Bouraam, a young Moroccan bystander, off a quay
to his death. An attacker has been charged in the case and is awaiting
trial. The Government denounced the attack and then-President
Mitterrand participated in a large anti-racism demonstration held
shortly thereafter. Three National Front youths have been arrested and
charged in the February murder in Marseille of Ibrahim Ali, a 17-year-
old Comoran. The Government strongly condemns such attacks, has strict
anti-defamation laws and prosecutes perpetrators whenever possible.
Government programs attempt to combat racism and anti-Semitism by
promoting public awareness and bringing together local officials,
police, and citizen groups. There are also antiracist educational
programs in some public school systems.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for freedom of association for all workers.
French trade unions exercise significant economic and political
influence, although only about 10 percent of the total work force is
unionized. Unions have legally mandated roles (as do employers) in the
administration of social institutions, including social security (health
care and most retirement systems), the unemployment insurance system,
labor courts, and the economic and social council, a constitutionally-
mandated consultative body.
Unions are independent of the Government, and most are not aligned with
any political party. Many of the leaders of the General Confederation
of Labor and its unions, however, belong to the Communist Party. Unions
can freely join federations and confederations, including international
bodies.
Workers, including civil servants, are free to strike except when a
strike threatens public safety. One-fourth of all salaried employees
work for the Government: strikes in the public sector tend to be fairly
numerous and receive extensive media coverage. The end of 1995 saw
large-scale industrial action against government efforts to reduce
budget deficits. These actions brought out large numbers of trade union
demonstrators and involved significant work stoppages.
The law prohibits retaliation against strikers and strike leaders, and
the Government effectively enforces this provision.
b. The Right to Organize and Bargain Collectively
Workers, including those in the three small export processing zones,
have the right to organize and bargain collectively. The law strictly
prohibits antiunion discrimination; employers found guilty of such
activity are required to correct it, including reinstatement of workers
fired for union activities.
A 1982 law requires at least annual bargaining in the public and private
sector on wages, hours, and working conditions at both plant and
industry levels, but does not require that negotiations result in a
signed contract. In case of an impasse, government mediators may impose
solutions that are binding unless formally rejected by either side
within a week. If no new agreement can be reached, the contract from
the previous year remains valid. Over 90 percent of the private-sector
work force is covered by collective bargaining agreements negotiated at
national or local levels. Trilateral consultations (i.e., unions,
management, and government) also take place on such subjects as the
minimum wage, temporary work, social security, and unemployment
benefits. Labor tribunals, composed of worker and employer
representatives, are available to resolve complaints.
The law requires businesses with more than 50 employees to establish a
works council, through which workers are consulted on training, working
conditions, profit-sharing, and similar issues. Works councils, which
are open to both union and nonunion employees, are elected every 2
years.
The Constitution's provisions for trade union rights extend to France's
overseas departments and territories.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, and the Government
effectively enforces this provision. In its 1993 report, however, the
International Labor Organization's
Committee of Experts (COE) questioned the French practice of obliging
French prisoners to work for private enterprises at less than the
national minimum wage. In June 1995, the Government officially
responded to the COE, pointing out that prisoners participate in a work
program on a voluntary--not a mandatory--basis, that more prisoners
request work than can be accommodated, and that the work is designed to
prepare prisoners for reentry into the labor force. The Government is
awaiting a response from the ILO to its submission.
d. Minimum Age for Employment of Children
With a few exceptions for those enrolled in certain apprenticeship
programs, children under the age of 16 may not be employed. Generally,
work considered arduous or work between the hours of 10 p.m. and 5 a.m.
may not be performed by minors under age 18. Laws prohibiting child
employment are effectively enforced through periodic checks by labor
inspectors, who have the authority to take employers to court for
noncompliance with the law.
e. Acceptable Conditions of Work
France has an administratively determined minimum wage, revised whenever
the cost-of-living index rises 2 percentage points, and it is sufficient
to provide a decent standard of living for a worker and family. The
wage was raised to $7.62 (F 36.98) per hour as of July 1.
The legal workweek is 39 hours, with a minimum break of 24 hours per
week. Overtime is restricted to 9 hours per week.
The Ministry of Labor has overall responsibility for policing
occupational health and safety laws. Standards are high and effectively
enforced. Workers have the right to remove themselves from dangerous
work situations. The law requires each enterprise with 50 or more
employees to establish an occupational health and safety committee.
Over 75 percent of all enterprises, covering more than 75 percent of all
employees, have fully functioning health and safety committees.
(###)
[end of document]
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