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29th UPR session
Date of review: 15 January
Date of report adoption: 28 June 2018
Document number: A/HRC/38/4
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SUMMARY SOGIESC issues during France’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
National human rights framework
16. AI reported that over the past four years the authorities have introduced a number of reforms including several action plans, a national action plan against racism and antiSemitism, and a national action plan for gender equality in the public sector.
Equality and non-discrimination
22. Inter-LGBT found that despite the progress made in terms of the rights of LGBT persons, hate speech had grown, especially on the social networks. Inter-LGBT recommended that French law should change in order to take better account of the victims of violence and multidimensional discriminations and that France should pursue an ambitious education policy to combat all gender stereotypes and discriminations against LGBT persons.
23. AI reported that in 2016, Parliament adopted a law to enable transgender people to gain legal recognition of their gender without fulfilling any medical requirement. AI recommended ensuring that transgender people can obtain legal recognition of their gender through a quick, accessible and transparent procedure, while preserving their right to privacy.
Right to work and to just and favourable conditions of work
45. LDH found that despite encouraging signs regarding gender equality in employment, major disparities existed between different sectors.
II. Excerpts on SOGIESC issues from the national report
Promotion and strengthening of instruments to combat discrimination
7. Combating discrimination is a government priority. Article 225-1 of the Criminal Code provides that discrimination means any distinction made between physical and legal persons based on their origin, sex, family situation, pregnancy, physical appearance, particular vulnerability resulting from their economic situation that is apparent or known to the perpetrator, their surname, place of residence, state of health, loss of independence, disability, genetic characteristics, customs, sexual orientation, gender identity, age, political opinions, union activities, ability to speak a language other than French, real or supposed belonging or not belonging to an ethnic group or nation, alleged race or particular religion.
Combating racial discrimination, xenophobia and anti-Semitism
11. In 2015, combating racism and anti-Semitism was declared a “national priority concern”. The National Action Plan to Combat Racism and Anti-Semitism 2015-201725 contains 40 measures aimed at mobilizing the nation, punishing every racist or anti-Semitic act, protecting victims, training citizens through education and culture and protecting Internet users from the propagation of hatred. It is based, in particular, on training for education staff and specialized teaching resources. It is currently being evaluated. The dedicated national body, the Interministerial Delegation to Combat Racism, Anti-Semitism and Anti-LGBT Hatred (DILCRAH), placed under the authority of the Prime Minister, is currently preparing the 2018-2020 plan by identifying measures likely to strengthen the fight against racism and anti-Semitism. The Interministerial Delegation has many times criticized the distortions of some public discourse and informed the prosecuting authorities of the remarks made by certain elected representatives that it believed might be the subject of prosecution.
18. As civil society had recorded relatively few complaints, the Ministry of Interior, in partnership with the Interministerial Delegation to Combat Racism, Anti-Semitism and Anti-LGBT Hatred, prepared a draft online complaint. There are also regular training and awareness-raising activities about racism, anti-Semitism and hate speech for police officers, gendarmes, judges and senior registrars.
Combating discrimination based on sexual orientation and gender identity
23. With Act No. 2013-404 of 17 May 2013 on marriage for all, France became the ninth European country and the fourteenth worldwide to allow same-sex marriage. This Act opened up new rights for marriage, adoption and inheritance in the name of the principles of equality and shared freedoms. The legislator introduced provisions on adoption of the spouse’s previously adopted child and the maintenance of contact with the step-parent in the event of separation. The regulations on transmission of the surname were amended.
24. The Act of 18 November 2016 modernizing the judicial system of the 21st century introduced into the Civil Code a specific and completely unmedicalized procedure whereby adults and minors free of incapacities imposed by minority may request that their sex be amended in the civil status register if they can demonstrate that it does not correspond to the one they live as and are known by.
25. Furthermore, the Act on equality and citizenship substitutes for the concept “sexual identity” that of “gender identity” in order to define the aggravating circumstances of certain offences.
26. Continuing the programme of action presented in 2012, a plan against anti-LGBT hatred and discrimination (2017-2020) was adopted in January 2017 to combat more effectively discrimination based on sexual orientation and gender identity, in particular by financing local and national associations to carry out awareness-raising and training aimed at improving the response of the criminal justice system and specific victim support.
Combating discrimination in sport
36. The protection of human rights has been a central thread in action taken since the mid-2000s to prevent incivility, violence and discrimination in sport. Means of observing behaviour contrary to respect for others, raising awareness on preventing and fighting incivility, violence and discrimination in sports training and communication tools have been created. The campaign #CoupdeSifflet aims to combat homophobic, sexist and racist discrimination in sport. An Act of 2016 strengthened dialogue with supporters and the fight against hooliganism.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
9. UNESCO noted that France had adopted a number of measures designed to prevent all forms of discrimination, including sexism, racism and homophobia. A governmental plan of action for combating racism and anti-Semitism had been presented in April 2015,14 and a campaign to combat homophobia had been launched in December 2015. The Committee on the Elimination of Discrimination against Women commended France on its exhaustive anti-discrimination legal framework, especially in the light of the adoption of Act No. 2014-873 on substantive equality between women and men.
10. The Committee on the Rights of the Child was concerned about the persistence of discrimination on the grounds of sex, gender identity, disability, national origin, social and economic origin or other grounds and the racial discrimination against and stigmatization of Roma children. The Committee urged France to foster a culture of equality, tolerance and mutual respect to prevent and combat persistent discrimination.
IV. References to SOGIESC issues during the Working Group review
7. Combating discrimination on the basis of sexual orientation and gender identity was also a priority, as evidenced by the legalization of same-sex marriage and the development of the 2017–2020 plan for putting an end to hatred and discrimination directed at lesbian, gay, bisexual and transgender persons.
27. Iceland commended France for promoting the rights of women, children and lesbian, gay, bisexual, transgender and intersex persons.
28. India recognized efforts to combat gender discrimination and to achieve gender parity.
52. The Netherlands commended efforts to achieve gender equality in the workplace, and to improve prison conditions.
75. Singapore praised efforts to combat racism, anti-Semitism and gender-based violence.
77. Slovenia welcomed the procedure for amending gender in civil status registration and measures against discrimination.
109. Argentina highlighted efforts to combat discrimination against lesbian, gay, bisexual, transgender and intersex persons, and to promote children’s rights.
111. Australia welcomed laws on same-sex marriage and lesbian, gay, bisexual, transgender and intersex persons, but noted the stigmatization of minority groups.
123. Brazil congratulated France for legislating on gender equality, and for combating discrimination against lesbian, gay, bisexual, transgender and intersex persons.
126. Canada welcomed the promotion of the rights of lesbian, gay, bisexual, transgender and intersex persons and the recognition of children born to them.
135. Denmark praised progress on lesbian, gay, bisexual, transgender and intersex rights, and the constitutional guarantee of children’s interests.
V. Conclusions and/or recommendations
France accepted the following recommendations:
145.91 Establish a mechanism to independently monitor and evaluate actions taken within the framework of the national plan against anti-LGBT hatred and discrimination (Spain);
145.92 Take steps to introduce legal protections from discrimination on the grounds of intersex status (Australia);
145.93 Ensure the follow-up and independent assessment of the implementation of the plan against anti-LGBT hatred and discrimination (2017–2020) (Austria);
145.94 Make sure it is easier for transgender people to obtain official recognition of their gender by a rapid, accessible and transparent procedure (Belgium);
145.95 Continue stepping up measures to protect lesbian, gay, bisexual, transgender and intersex persons, with special emphasis on the elimination of hate speech and discrimination (Chile);
145.96 Take the necessary measures to punish hate speech, in particular on the social media, against the lesbian, gay, bisexual, transgender and intersex community (Argentina);
145.242 Set in law an age below which a person cannot be deemed to consent to any sexual act (Canada);
VI. Further information
You will find all documents relating to France’s third review at UPR-Info and OHCHR’s websites.