Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - France (Ratification: 1981)

Previous comment

Article 1(1)(a) and (b) of the Convention. Prohibited grounds of discrimination. Legislative developments. The Committee notes with interest the Government’s indication in its report that two new grounds of discrimination – the exercise of an elected office and being a whistleblower, a facilitator or a person linked to a whistleblower – have been added to the list of the grounds prohibited by the Labour code (section L.1132-1) following the adoption of Act No. 2019-1461 of 27 December 2019 on participation in local life and the proximity of public action and Act No. 2022-401 of 21 March 2022 to improve the protection of whistleblowers.

However, the Committee observes once again that, although “social origin”, is one of the seven prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention, it is still not among the grounds of discrimination prohibited by the national legislation. The Committee therefore urges the Government to take the necessary measures to include “social origin” in the list of grounds of discrimination prohibited by the Labour Code on the occasion of a forthcoming revision, and to provide information on any measures adopted in this respect, as well as on any other measures taken to combat discrimination on the basis of social origin in practice.

Discrimination on the basis of race, colour and national extraction. For many years, the Committee has been emphasizing that the adoption of plans and the implementation of measures do not appear to be achieving sufficient results in combating discrimination effectively on the basis of race, colour and national extraction (“origin”, according to the terms of the national legislation) in employment and occupation, particularly with regard to access to employment for young persons of foreign origin, and it has requested the Government to reinforce its efforts in this regard. The Committee notes that, according to the 2022 report on the activities of the Defender of Rights, of the complaints received for discrimination on the basis of (foreign) origin, 36 per cent arise in private employment and 18 per cent in public employment.

The Committee notes that, in her contribution to the examination of the situation of France by the United Nations Committee on the Elimination of Racial Discrimination (CERD) (October 2022), the Defender of Rights recommends: (1) the establishment of a legal requirement for enterprises to publish non-financial and statistical indicators to measure discrimination and evaluate the discriminatory effects of certain practices, and to make full use of them to combat discrimination; (2) the implementation of a public policy to make visible and correct forms of discrimination related to (foreign) origin by creating a legal requirement for audits and follow-up action in enterprises and administrative units; (3) action to combat the systemic dimension of forms of discrimination (through public strategies against poverty, unemployment, poor housing, geographical and school segregation; and through policies to combat discrimination on the basis of origin as such); and (4) the adoption of proactive policies, on the one hand, to neutralize the prejudices that contribute to direct discrimination and, on the other, ensure objectivity in decision-making procedures and criteria which may result in indirect discrimination. In this regard, the Committee notes the concluding observations of the CERD, in which it expressed concern at “the fact that systemic racial discrimination, as well as stigmatization and the use of negative stereotypes regarding certain minorities, such as Roma, Travellers, Africans, persons of African descent, persons of Arab origin and non-citizens, remain entrenched in French society and often result in these minorities being socially excluded and having limited enjoyment of their rights, particularly their economic, social and cultural rights” (CERD/C/FRA/CO/22-23, 14 December 2022, paragraph 9).

In this context, the Committee welcomes the adoption of the National Plan to combat racism, antisemitism and discrimination related to origin 2023–26, which is designed to: (1) integrate content on action to combat racism, anti-Gypsy feeling and discrimination in all training for young persons; (2) train employees in the public service in combating discrimination; (3) adopt systematic tests for discrimination relating to and in employment; and (4) improve the protection and support for employees and enterprises in relation to situations involving racism and discrimination.

In view of the above, the Committee urges the Government to: (i) continue taking specific measures to prevent and eliminate any form of discrimination on the basis of race, colour and national extraction (“origin”) in employment and occupation, particularly in the context of the Plan 2023–26, in respect of recruitment, promotion and terms and conditions of employment, including remuneration; and (ii) establish mechanisms for the evaluation of the results of the measures adopted for this purpose. It requests the Government to provide information on any action taken to give effect to the recommendations of the Defender of Rights.

Roma. The Committee welcomes the adoption of the French Strategy 2020–30 in response to the Recommendation of the Council of the European Union of 12 March 2021 on Roma equality, inclusion and participation, which indicates that: (1) the 2021 report of the National Consultative Commission for Human Rights refers to high levels of anti-Gypsy feeling and stereotypes that are still very present in the collective conscience; and (2) action should be based on the legal framework of anti-discrimination legislation, the imposition of penalties in cases of discrimination and the mobilization of criminal policy instruments to combat discrimination. The Committee notes the concluding observations of the CERD, according to which it remains concerned at the social exclusion and persistent poverty faced by Roma, in particular with regard to the low rate of school enrolment among Roma children, and the high unemployment rate among Roma, especially women, compared to the rest of the population (CERD/C/FRA/CO/22-23, paragraph 13). The Committee urges the Government to take measures, in collaboration with the organizations representing Roma and within the framework of the French Strategy 2020–30, to: (i) take effective action to combat discrimination and stigmatization against Roma, particularly in relation to access to employment and specific occupations; (ii) ensure the school attendance and maintenance at school of Roma children, and the vocational training of young and adult Roma; and (iii) promote respect and tolerance for this community within society.

Article 2. National policy of equality of opportunity and treatment between women and men. The Committee notes the report of the Court of Accounts entitled “The policy of equality between women and men implemented by the State: Limited progress in relation to the objectives established”, published in September 2023, according to which: (1) in the private sector, occupational equality has particularly been seen from the viewpoint of wage inequalities (professional equality index); (2) ambition has been lower in relation to action to combat the more structural causes of inequality, such as gender balance in training branches and trades, which require socio-cultural changes in relation to parental responsibilities, vocational guidance and the value attached to certain skills; and (3) progress in the reduction of inequalities is slow, despite the growing legislative arsenal over recent decades. With regard to the professional equality index, which essentially relates to inequalities in the remuneration of women and men, the Committee refers the Government to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

In this context, the Committee welcomes the adoption of the Inter-Ministerial Plan for Equality between Women and Men 2023–27, the objectives of which include: (1) occupational and economic equality, particularly through the promotion of greater gender balance in all occupations and taking the brakes off women’s entrepreneurship; and (2) a culture of equality in order to combat prejudices and stereotypes. It also notes the announcement by the Government at the Social Conference on 16 October 2023 of a reform of parental leave so that it can become a period of leave that is chosen, paid better and shared between parents and can facilitate the return to employment.

While welcoming the commitment of the Government to give priority to professional equality between women and men, the Committee requests it to continue adopting specific measures, in collaboration with employers’ and workers’ organizations, to: (i) combat horizontal and vertical occupational segregation and promote gender balance in jobs at all levels, particularly through the implementation of action in the field of vocational guidance and training; (ii) actively combat gender stereotypes and sexist prejudices, for example through awareness-raising campaigns at the national level; (iii) identify and eliminate obstacles to equality and women’s employment; (iv) develop and reinforce measures to allow parents to reconcile work and family responsibilities better, including parental leave; and (v) evaluate the effectiveness and impact of the measures adopted and programmes implemented, particularly on gender balance in the various jobs. It requests the Government to provide information on any measures adopted for this purpose.

The Committee is raising other matters in a request addressed directly to the Government.