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

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

Previous comment

The Committee notes the observations of the French Confederation of Management – General Confederation of Professional and Managerial Employees (CFE-CGC), received by the Office on 7 November 2022.

Article 1 of the Convention. Protection against discrimination and sexual harassment. Overseas departments. The Committee once again notes with regret that, despite its reiterated requests, the Government has still not provided information on the application of the Convention in French Guyana and Réunion. The Committee therefore requests the Government to provide specific information on: (i) any measures adopted by the authorities, employers and labour inspectors with a view to preventing and bringing an end to discrimination in employment and occupation and sexual harassment at work; and (ii) any cases of discrimination and sexual harassment dealt with by the labour inspection services and the courts in the overseas departments.

Article 1(1)(a). Discrimination on the basis of sex. Discrimination on the basis of pregnancy. The Committee notes the information contained in the report on the activities of the Defender of Rights for 2022, according to which: (1) too many complaints are still being made by women whose contracts have been interrupted (at the end of the trial period, the non-renewal of fixed-term contracts) because they were pregnant and who are regularly accused of a “lack of loyalty” when they do not report their pregnancy at a very early stage, even though there is nothing requiring them to do so; and (2) despite a protective legislative framework and well-established case law, cases of discrimination in employment on the basis of pregnancy are still frequent and are at the origins of many of the cases taken up by the Defender of Rights (page 51). In his regard, the Committee considers that, while the termination of fixed-term contracts at the end of the specified period is in their very nature, any difference in their renewal or the initial determination of their duration on the sole basis of the pregnancy of the women worker, whether real or potential, is discriminatory. In view of these findings, the Committee requests the Government to provide information on the measures adopted or envisaged to: (i) combat any form of discrimination on the basis of pregnancy, both at the level of recruitment and promotion, and conditions of work in general; and (ii) remind all persons concerned of the legal provisions applicable to this type of discrimination.

Prohibition of sexist behaviour. The Committee requests the Government to provide information on: (i) the manner in which the labour inspection services and the courts deal with cases of sexist behaviour at the workplace in the public and private sectors; and (ii) the implementation of the Plan of Action and Mobilization against Sexism launched in September 2016.

Sexual harassment. Private sector. The Committee welcomes the amendment of the definition of sexual harassment contained in section L.1153-1 of the Labour Code as a result of the adoption of Act No. 2021-1018 of 2 August 2021, which adds to “repeated words or behaviour with a sexual connotation” the phrase “repeated words or behaviour with a sexist connotation”, which also covers words or behaviour by several persons, whether or not they are concerted, even if each person only engages in such behaviour once. It also notes that the protection of victims and witnesses (section L.1153-2 of the Labour Code) has been significantly improved by Act No, 2022-401 of 21 March 2022 to improve the protection of whistleblowers. The Committee requests the Government to take measures to: (i) disseminate these new provisions of the Labour Code; and (ii) encourage and control the implementation of the obligations of employers to take all the necessary measures to prevent, bring an end to and punish acts of sexual harassment. It also requests the Government to consider the possibility of removing the element of repetition in the definition of sexual harassment in section L.1153-1(1) of the Labour Code when it is committed by a single person.

Discrimination on the basis of race, colour and national extraction. Travellers. The Committee recalls the findings of a survey carried out in 2017 as a follow-up to a report of the Court of Accounts according to which improvements in the living conditions of travellers were slow and uneven and the school attendance of their children was better supervised but still suffered from persistent shortcomings. In this regard, it notes 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 also concerns travellers (January 2022). The Committee requests the Government to provide information on the specific measures adopted since 2017, particularly within the context of the Strategy 2020-30, to promote: (i) equality of opportunity and treatment for travellers in relation to access to all levels of education and to employment, including measures intended to improve skills levels, recognize and validate vocational skills and enable their registration with the public employment service; and (ii) respect and tolerance, and effective action to combat the discrimination and stigmatization of travellers.

Discrimination on the basis of religion. The Committee requests the government to provide information on the measures adopted for the implementation of the National Plan to combat racism, anti-semitism and discrimination on the basis of origin 2023-26 in the specific field of employment. It reiterates its request for information on any evaluation of Act No. 2010-1192 of 11 October 2010 prohibiting the covering of faces in public places in relation to employment, taking into account its possible effects on the employment of Muslim women.

Articles 1(1)(a) and 2. Discrimination on the basis of sex. Sexual harassment. Equality between women and men. Public service. The Committee notes the adoption on 9 March 2018 of a circular on action to combat sexual and sexist violence in the public service and the Decree of 13 March 2020 requiring the establishment of reporting procedures (for violence, discrimination, harassment and sexist behaviour). It also notes the adoption: (1) in March 2023, of the Inter-Ministerial Plan for equality between women and men 2023-27, which provides for the development of occupational equality measures in the public service: the definition of the equality index, the negotiation of a new agreement, the generalized adoption of an objective of vocational equality in the annual evaluation of the directors of State services, the reinforcement of the provisions on balanced appointments, the continuation of testing, etc.; and (2) Act No. 2023-623 of 19 July 2023 to reinforce the access of women to positions of responsibility in the public service. The Committee requests the Government to provide information on the specific measures adopted to promote equality between women and men in the public service and the results achieved, within the context of the implementation of the Inter-Ministerial Plan 2023-27 and the application of the Act of 19 July 2023. It requests the Government to provide information on the specific measures taken to prevent and combat sexual and sexist violence in the public service.

Indirect discrimination on the basis of sex. Inequalities of treatment between women and men domestic workers and other categories of workers. The Committee notes that the CFE-CGC places emphasis in its observations on the existence of inequalities between women and men domestic workers and other categories of workers covered by the Labour Code, particularly in relation to statutory termination benefits and the regulation of working time (“responsible working hours” being assimilated to on-call hours rather than hours of work). The union also observes that: (1) the principle of a limitative list of common law provisions, as set out in section L.7221-2 of the Labour Code, which are applicable to domestic workers contributes to making their situation more precarious; and (2) the specific characteristics of domestic work (part-time work, several workplaces with travelling time, etc.) are not taken into account. The Committee observes that the CFE-CGC emphasizes that the majority of persons working in this branch are women. The Committee therefore considers that these differences of treatment can constitute indirect discrimination on the basis of sex. The Committee requests the Government to provide any information that it considers relevant in response to the observations of the CFE-CGC. It also requests the Government to indicate the manner in which it intends to remedy the inequalities of treatment affecting women and men domestic workers in relation to other workers and to combat indirect forms of discrimination against women.

Article 2. Equality of opportunity and treatment in relation to education, vocational training and employment. Persons with disabilities. The Committee notes the adoption in 2019 of the Strategy for the Employment of Persons with Disabilities and the establishment of committees responsible for its implementation. It also notes the concluding observations of the United Nations Committee on the Rights of Persons with Disabilities, in which it noted with concern: (1) the high levels of unemployment and low-wage employment among persons with disabilities, and their segregation in protected employment that combines accommodation and work; (2) the high rate of unemployment among women with disabilities, the high rate of their employment in part-time jobs and in precarious conditions, the hurdles they face developing career paths and the challenges they encounter reconciling work and family life; (3) the low level of professional qualifications among persons with disabilities; and (4) the lack of awareness among employers and their reluctance to provide reasonable accommodation (CRPD/C/FRA/CO/1, 4 October 2021, paragraph 54). The Committee requests the Government to provide information on: (i) the measures adopted, in collaboration with the social partners, to promote and ensure equality of opportunity and treatment for persons with disabilities in employment and occupation within the framework of the 2019 Strategy or in other contexts, including any measures adopted to improve the access of young persons with disabilities to vocational education and training; and (ii) the results achieved in terms of integration at school and in employment and occupation.

Enforcement. Institution to combat discrimination and promote equality. The Committee notes that the report on the activities of the Defender of Rights indicates that the institution is still too structurally under-resourced to discharge more effectively all of its missions and deal with complaints, which are increasing by around 15 per cent each year. However, the Committee notes with interest that the establishment in February 2021 of the platform antidiscrimination.fr, the management of which is entrusted to the Defender of Rights, has resulted in a very considerable increase in the number of calls to the institution in relation to discrimination, and as a consequence in better access to the law by victims. Emphasizing once again the fundamental role played by the Defender of Rights in this regard, the Committee trusts that the Government will continue to take the necessary measures to ensure that the institution has available the necessary resources and personnel for its mission of combating discrimination and promoting equality so that it can discharge its responsibilities not only to deal with complaints, but also to engage in awareness-raising, training, research and analysis, and to make recommendations and issue opinions to public authorities.

Labour inspection, The Committee notes the detailed information provided by the Government on the work of the labour inspection services. In view of the continuing increase in complaints of discrimination lodged with the Defender of Rights over the years, the Committee requests the Government to provide information on any measures taken to provide labour inspectors with better resources and tools to enable them to detect and bring an end to all types of discrimination, in both recruitment and employment.

The courts. The Committee notes that, in her contribution to the examination of the situation in France by the United Nations Committee on the Elimination of Racial Discrimination (CERD) (October 2022), the Defender of Rights referred to: (1) the very high rate of failure to lodge complaints and the difficult, rarely used and not very dissuasive procedure; (2) the very disappointing outcomes of the anti-discrimination sections of courts (particularly due to the onerous requirements for proof of the intention to discriminate in criminal proceedings); (3) the very low level of criminal convictions handed down; and (4) the low financial impact of civil penalties. In this regard, the Defender of Rights recommends: (1) amending sections 225-1 et seq. of the Penal Code to provide for a means of adapting the burden of proof in discrimination cases; (2) allowing civil courts to order analyses and compulsory remedial measures against convicted organizations in individual disputes relating to structural discrimination; and (3) providing for the possibility of awarding punitive civil damages in cases of direct discrimination or discriminatory harassment. With regard to group actions in cases of discrimination as envisaged by Act No. 2016-1547 of 18 November 2016, the Committee notes the emphasis placed by the Defender of Rights on the absence of a specific procedural framework to deal with such new disputes, which are both burdensome and complex, as well as the problems of financing such actions. The Committee requests the Government to provide information on: (i) all cases of discrimination in employment and occupation (the grounds cited, penalties imposed and compensation awarded) dealt with by the courts; (ii) any action taken on the recommendations of the Defender of Rights in relation to dispute procedures in cases of discrimination; and (iii) any evaluation undertaken of the effectiveness of complaints in cases of discrimination and the access of victims to the law, including through group actions.

Statistics. Noting that the Defender of Rights, in her 2022 contribution to the CERD, recommends the creation of a discrimination observatory to develop public statistics on discrimination and to serve as a real instrument of guidance and action for the promotion of equality policies, the Committee requests the Government to provide information on: (i) any action taken on this recommendation; and (i) the manner in which the impact of the measures taken and the progress achieved is evaluated.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes that the Government’s report does not contain any information on sexual harassment. The Committee however welcomes the amendment of the Labour Code (section L.1153-5) introduced by Act No. 2014-873 of 4 August 2014 for effective equality, which now, in addition to requiring employers to take all necessary measures to prevent acts of sexual harassment, adds the requirement to bring an end to such acts and to punish them. The Committee recalls that Act No. 2012-954 of 6 August 2012 on sexual harassment (which amended, inter alia, the Penal Code (particularly section 222 33), the Labour Code (sections L.1153-1 to L.1153-6) and Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants) introduced a new definition of sexual harassment covering both quid pro quo and hostile working environment sexual harassment. The Committee nevertheless recalls that in accordance with these provisions, the acts covered have to be “repeated” to constitute sexual harassment or, if they are not repeated, they must consist of “serious pressure”, and it considers that these provisions could have the effect of limiting the protection of workers against sexual harassment.

With regard to the application of the Act of 2012 in practice, the Committee notes that, according to the evaluation carried out by the Commission on Constitutional Laws, Legislation and General Administration of the National Assembly (information report No. 4233 dated 16 November 2016), despite their legal obligations, few enterprises have taken action to prevent sexual harassment and the dissemination of information on the issue remains limited, particularly in internal workplace rules. With regard to the public sector, the Committee notes the publication of the Circular of 4 March 2014 on combating harassment in the civil service, which refers to the provisions of the Act of 2012 relating to the offences of sexual and other forms of harassment, by specifying their impact in the three branches of the civil service, as well as the obligations of employers and the need for them to take action for the implementation of preventive measures. The Committee nevertheless notes that, in Opinion No. 6-16 of 6 June 2016 issued in the framework of an evaluation of the Act of 2012, the Defender of Rights emphasizes that most employers in the public sector are still largely unaware of the issue of harassment and that attention is often drawn to the insufficiency of the action taken by employers in the public sector (transfer of the victim and maintenance of the perpetrator of harassment in the same job, absence of penalties). The Committee once again asks the Government to take steps to intensify its efforts to disseminate information and raise awareness among private and public employers with a view to preventing and eliminating sexual harassment at work and informing men and women workers, employers and their organizations, of their respective rights and duties in this regard in public and private sectors. It also asks the Government to take the necessary steps to ensure that the employers in the public sector deal with the issue of sexual harassment in an effective and efficient manner to bring an end to all acts of sexual harassment at work, enable victims to assert their rights and to penalize the perpetrators of such acts.

Discrimination on the basis of race, colour and national extraction. Travellers. The Committee notes that the Government’s report does not contain any information on travellers. However, it notes with interest that Act No. 2017 86 of 27 January 2017 on equality and citizenship repeals Act No. 69-3 of 3 January 1969 on the exercise of itinerant activities and the regime governing persons travelling in France without a fixed address or residence, section 2 of which required travellers to hold a special circulation booklet (livret de circulation) issued by the administrative authorities. The Committee nevertheless recalls that in its previous comments it noted the findings of the report published in October 2012 by the Auditor-General on the reception and support provided for travellers, which emphasized the social difficulties faced by them, including the lack of schooling for their children and the occasional nature of their economic activities, as well as direct discrimination in recruitment and in workplaces, and the refusal of registration with the public employment service (Pôle emploi). It notes that the findings of a follow-up survey published in February 2017 show that improvement in the living conditions of travellers is slow and uneven and though schooling for their children is better supervised it still suffers from persistent shortcomings. In the absence of information on this subject in the Government’s report, the Committee asks the Government to provide information on the specific steps taken to promote equality of opportunity and treatment for travellers in access to education at every level and to employment, and particularly the steps intended to improve their skill levels, recognize and validate their occupational skills, and to enable them to register with the public employment service. The Committee also asks the Government to provide information on the steps taken to promote respect and tolerance and to effectively combat discrimination against and stigmatization of travellers.

Article 2. Equality of opportunity and treatment for men and women in the civil service. The Committee welcomes the signing, on 8 March 2013, by all employers in the public sector and representative workers’ organizations of a memorandum of understanding on occupational equality between women and men in the civil service. This memorandum envisages the implementation of 15 measures based on four priorities: social dialogue; equality of career paths and wages; a better work–life balance; and the prevention of violence and harassment at the workplace. It also welcomes the preparation of an annual report on occupational equality between women and men in the civil service submitted to Parliament and of an annual report on “balanced appointments” in senior and managerial posts in the civil service, which shows encouraging results and emphasizes the need to continue the efforts to achieve the set objectives. In this regard, the Committee recalls that Act No. 2012-347 of 12 March 2012 on access for contractual employees in the civil service to permanent employment with improved conditions of service, combating discrimination and issuing various provisions on the civil service, establishes numerical and progressive targets for the appointment of women to higher managerial posts. It also recalls that Decree No. 2012 601 of 30 April 2012 on the procedures for “balanced appointments” to higher managerial posts in the civil service determines the relevant positions. While noting that the Government’s report does not contain any information on this subject, the Committee observes that two new texts have been adopted for the implementation of this mechanism: Decree No. 2014 1747 of 30 December 2014, which amends the Decree of 2012, and the Circular of 13 April 2016 issued for its implementation. The Committee asks the Government to provide specific information on the implementation of occupational equality measures in the civil service, including on the achievement of the numerical targets and quotas for appointments established by law, on the obstacles encountered and the results achieved. It asks the Government to intensify its efforts and to continue to take, in collaboration with workers’ organizations, steps to promote equality between men and women in the civil service and to encourage the professional development of women.

Equality of opportunity and treatment in education, vocational training and employment. Persons with disabilities. The Committee notes that, despite its previous request, the Government’s report does not contain any information on the application of Act No. 2005-102 of 11 February 2005 on equal rights and opportunities, participation and citizenship of persons with disabilities in relation to education, guidance or training for such persons. The Committee asks the Government to provide information on the steps taken, in collaboration with workers’ and employers’ organizations, to promote and ensure equality of opportunity and treatment of persons with disabilities in employment and occupation, particularly on any steps taken to improve the access to education and vocational training of young persons with disabilities in order to improve their qualifications, as well as information on the results achieved in terms of their integration and maintenance in employment.

Institution to combat discrimination and promote equality. The Committee notes the annual activities report prepared by the Defender of Rights for 2016, which observes a decline in access to rights and concludes that, in order to combat discrimination in employment, the effectiveness of legal mechanisms, relating to both recruitment and career development, must be reinforced. The Committee emphasizes the importance of the role played by the Defender of Rights in combating discrimination and promoting equality in employment and occupation, particularly through the handling of complaints, legal opinions expressed in court, proposals for reform, opinions on draft legislation, information and awareness-raising campaigns and the preparation of various practical guides (for example, to improve awareness of rights relating to discrimination). The Committee trusts that the Government will continue to take the necessary steps to ensure that the Office of the Defender of Rights, in relation to its mandate to “combat discrimination and promote equality”, has the necessary means and personnel to achieve not only its objectives relating to the handling of complaints, but also of awareness raising and information, training, research and analysis, and recommendations to public authorities.

Statistics. In the absence of a reply from the Government on this issue, the Committee reiterates its request for information on the dissemination to enterprises of the guide published by the National Commission on Information Technology and Freedoms (CNIL) and the Defender of Rights on the collection of data on equality in employment and on the use of the guide. It once again asks the Government to provide information on the manner in which the impact of the measures taken to combat discrimination and promote equality in employment are evaluated, and to assess the progress achieved in this regard.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1)(a) and (b), and 2 of the Convention. Prohibited grounds of discrimination. Legislative developments. The Committee notes with interest that the list of grounds of discrimination prohibited by the Labour Code (section L.1132-1) has been extended following the adoption of: (i) Act No. 2014 173 of 21 February 2014 on urban planning; (ii) Act No. 2016-832 of 24 June 2016 on combating discrimination based on social precarity; (iii) Act No. 2016-1547 of 18 November 2016 on modernizing the judiciary in the twenty first century; (iv) Act No. 2017 86 of 27 January 2017 on equality and citizenship; and (v) Act No. 2017-256 of 28 February 2017 on planning for substantive equality overseas and issuing other social and economic provisions. This list now includes the following grounds: origin; sex; customs; sexual orientation; gender identity [in place of “sexual identity”]; age; family situation or pregnancy; genetic characteristics; particular vulnerability resulting from an economic situation that is apparent or known to the author of discrimination [new]; real or perceived, of an ethnicity, nationality or race [in place of “race”]; political opinions; trade union or mutual association activities; religious beliefs; physical appearance; family name; place of residence [new] or location of a person’s bank [new]; state of health; loss of autonomy [new] or disability; and ability to express oneself in a language other than French [new].

The Committee nevertheless notes that “social origin”, is still not included among the grounds of discrimination that are prohibited by law, as according to the Government’s previous statements, the term “origin” in section L.1132-1 of the Labour Code covers “national extraction” within the meaning of the Convention. The Committee recalls that social origin is one of the seven prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention. It also recalls that, as it noted in the General Survey on the fundamental Conventions, 2012, paragraphs 802–804, in certain countries, persons emanating from certain geographical areas or from certain socially disadvantaged segments of the population (other than persons with an ethnic minority background) face exclusions with respect to recruitment, without any consideration of their individual merits. Indications regarding the rise in social inequalities in some countries have highlighted the continuing relevance of addressing discrimination based on class and socio-occupational categories. In this respect, the Committee recalls that discrimination and lack of equal opportunities based on social origin refers to situations in which an individual’s membership of a class, socio occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs. Recalling that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination specified in Article 1(1)(a) of the Convention, the Committee asks the Government to take the necessary steps to ensure that “social origin” is included among the grounds of discrimination that are prohibited by the Labour Code when it is next revised, and to provide information on any steps taken in this regard. It also asks the Government to provide information on the application in practice and the interpretation, in particular by the labour inspectorate and the courts, of the provisions relating to discrimination on the basis of “particular vulnerability resulting from an economic situation apparent or known to the author” of discrimination, “ability to express oneself in a language other than French”, place of residence, locations of a person’s bank or loss of autonomy.

Article 1(1)(a). Discrimination on the basis of sex. Definition and prohibition of sexist behaviour. Legislation. The Committee welcomes the provisions of Act No. 2015-994 of 17 August 2015 on social dialogue and employment, which amend the Labour Code (section L.1142-2-1) and prohibit “any act related to a person’s sex, which has the object or effect of threatening his or her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment”, as well as the provisions of Act No. 2016-1088 of 8 August 2016 on work, the modernization of social dialogue and the security of vocational paths, which introduce the same prohibition into Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants. The Committee asks the Government to provide information on the application of the Act of 2015, in particular on the manner in which the labour inspectorate and the courts deal with sexist acts in the workplace, and on the application of the Act of 2016 in relation to civil servants. It also asks the Government to provide information on the implementation of the Plan of Action and Mobilization to Combat Sexism launched in September 2016, including the specific action taken in the area of employment and occupation in the public and private sectors.

Sexual harassment. Overseas departments. The Committee notes with regret that, despite its repeated requests, the Government has still not provided any information on the application of the Convention in French Guiana and Reunion, and once again asks that the Government provide specific information on any measures adopted by the authorities, employers and labour inspectors to prevent and eliminate sexual harassment at work, as well as information on any cases of sexual harassment dealt with by the courts in the overseas departments.

Discrimination on the basis of race, colour or national extraction. For several years, the Committee has been emphasizing that, despite certain initiatives, the measures introduced do not appear to be producing sufficient results to effectively combat discrimination on the basis of race or national extraction (“origin” under the terms of the national legislation) in employment and occupation, particularly with regard to access to employment for young persons of foreign origin, and has asked the Government to step up its efforts in this regard. In this connection, the Committee welcomes the test conducted by the Ministry of Labour on discrimination in the hiring processes of some 40 enterprises with over 1,000 employees, the findings of which were published in December 2016 and show that in a dozen enterprises, applicants with names of north African origin suffered discrimination as compared to applicants with names of French origin. It also notes that the Ministry has referred two enterprises to the Defender of Rights and that it encourages enterprises to sign the “pact for equal treatment of applicants in access to employment, irrespective of their origins – commitment by enterprises” which calls for awareness raising among recruiters, the sharing of good practices, as well as the valuing of skills beyond diplomas and qualifications. The Committee notes the adoption of the National Plan to Combat Racism and Anti-Semitism 2015–17, which envisages, inter alia, communication and awareness-raising campaigns, the mobilization of civil society, a review of local citizenship policies and the creation of operational bodies at the local level, the strengthening of penalties and education in this area and the improvement of victim protection. While encouraging the Government to continue its tests of workplaces and its initiatives to disseminate information and raise awareness among workers, employers and society in general, the Committee asks the Government to provide information on all the steps taken to effectively combat discrimination on the basis of race, colour and national extraction in recruitment, promotion and conditions of employment, including wages. It also asks the Government to identify the measures adopted to implement the National Plan to Combat Racism and Anti-Semitism 2015–17 in the area of employment, as well as information on the steps taken to evaluate its effectiveness and on the specific results achieved.

Roma. The Committee notes with regret that the Government’s report does not contain any information in its response to its requests concerning the situation of the Roma in relation to equal access to education, vocational training and employment. It nevertheless notes that evictions of settlements have been carried out and that the United Nations Human Rights Committee has expressed its concern at the fact that the Roma migrants face rejection, exclusion and violence (CCPR/C/FRA/CO/5, 17 August 2015, paragraph 13). Referring to its previous comments, the Committee once again urges the Government to take, in collaboration with the organizations representing the Roma, effective steps to combat discrimination against and stigmatization of the Roma and to promote respect and tolerance, and to provide information on any measures taken in this regard. The Committee also asks the Government to provide information on the following:

• (i) the specific measures taken to ensure the school enrolment and retention at school of Roma children as well as vocational training for young persons and adults; and
• (ii) the impact of the extension of the list of occupations accessible to Romanian and Bulgarian nationals in relation to the access to employment, including self-employment, of members of the Roman community.

Articles 1 and 2. Measures to combat discrimination and to promote equality in employment and occupation. The Committee notes with interest the establishment, in September 2014, of a dialogue group on combating discrimination in enterprises, which brought together the social partners, private and public employment intermediaries, the competent services of the ministries concerned and eminent persons, to identify ways to more effectively reduce cases of discrimination against groups of people in workplaces while strengthening legal certainty and promote non-discriminatory methods of recruitment. The Committee notes that the dialogue group put forward 18 proposals in May 2015, which included: the possibility of implementing a similar approach in the public sector; the organization of an awareness-raising campaign; the mobilization of labour inspection services on this issue; the dissemination of information on non-discriminatory methods of recruitment; the establishment in enterprises with over 300 employees of an “equality of opportunity” focal point; the improvement of the “testing” method and the distribution in workplaces of a document containing the principles of the national inter-occupational agreement of 12 October 2006 on diversity in workplaces. The Committee also notes that 13 new proposals were formulated by the dialogue group in November 2016, which included: the organization of an annual information campaign; the conducting of studies to evaluate progress at the enterprise level arising from the implementation of an anti-discrimination policy and to examine the conditions for the development of indicators designed to measure the impact of anti-discrimination measures; the continuation of the work of the dialogue group on the implementation of operational measures to ensure the traceability and transparency of recruitment procedures; the establishment of focal points; and the development of indicators to monitor career and pay development. Welcoming the work of the dialogue group to combat discrimination in workplaces, the Committee asks the Government to identify the actions taken on the proposals made in 2015 and 2016, both in terms of the legislation and in practice, and to specify whether the dialogue group is expected to continue its work and, if so, to provide information on its work and on any initiative of this type in the public sector.

National policy on equality of opportunity and treatment between men and women. The Committee notes with interest the adoption of Act No. 2014-873 of 4 August 2014 on substantive equality between women and men which provides for the implementation of a policy of equality between women and men that includes, in particular, preventive and protective action to combat violence against women and attacks on their dignity, action to prevent and combat sexist stereotypes and to guarantee occupational and wage equality and gender balance in occupations, as well as action to promote a better work–life balance and a balanced distribution of parental responsibilities. The Act of 2014 also requires that these actions are evaluated. Moreover, the Committee welcomes the establishment of the High Council for Equality between Women and Men by Act No. 2008-496 of 27 May 2008 issuing various provisions to adapt national legislation to community law in the field of combating discrimination, as a result of amendments introduced by Act No. 2017 86 of 27 January 2017 on equality and citizenship. It notes that the High Council is, inter alia, responsible for formulating recommendations and opinions, proposing reforms to the Prime Minister, contributing to the evaluation of public policies on women’s rights and equality between women and men in every area of social life and submitting an annual report on the state of sexism in France which is published. The Committee also notes that the High Council published a report in February 2017 on training on equality between girls and boys, recommending initial and further training for educational personnel and the development of a practical guide. The Committee welcomes the Government’s commitment to making gender equality and non-discrimination, with a focus on sexual and gender-related violence, a high priority and a national cause for 2017–22. The Committee asks the Government to provide information on the steps taken in the area of employment to implement the policy for equality between women and men, in particular in relation to combating sexist stereotypes and promoting gender balance in occupations, and on any impact assessment in respect of the same. The Committee also asks the Government to provide information on the activities of the High Council for Equality between Women and Men in the area of employment and work.

Discrimination on the basis of religion. In the absence of information on this matter in the Government’s report, the Committee reiterates its request for information on the application in practice of Act No. 2010-1192 of 11 October 2010 prohibiting faces being covered in public places in relation to employment, taking into account its possible effects on the employment of Muslim women. It asks the Government to indicate whether any steps are envisaged to evaluate the impact of this Act and, if so, whether they have been taken.

Enforcement by the courts. Legislative developments. The Committee notes with interest the provisions of Act No. 2016-1547 of 18 November 2016 on modernizing the judiciary in the twenty-first century, which allows for representative workers’ organizations and associations to bring group actions when several persons who are in a similar situation are subjected to direct or indirect discrimination on the same grounds and by the same person or enterprise. A group action may seek, initially, to bring an end to the discrimination and then to obtain compensation for any harm suffered. The Committee asks the Government to provide information on the taking of group actions in relation to discrimination in employment and, where applicable, on any evaluation of this mechanism.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(1)(a) of the Convention. Grounds of discrimination. Social origin. The Committee recalls that the Labour Code prohibits discrimination on the basis of origin, sex, lifestyle, sexual orientation or identity, age, family situation or pregnancy, genetic characteristics, membership or not, real or supposed, to an ethnic group, nation or race, political opinion, trade union or mutual association activities, religious convictions, physical appearance, family name and state of health or disability (section 1132-1). The Committee notes that social origin is not included among the grounds of discrimination that are prohibited by law, as the term “origin” in section 1132-1 refers to “national extraction” within the meaning of the Convention. In this respect, the Committee notes that in Opinion No. 2011-121 of 18 April 2011, the High Authority to Combat Discrimination and Promote Equality (HALDE) recommended that the Government should “engage in reflection on the inclusion of the criterion of social origin in the list of prohibited criteria”. With a view to extending the protection of workers against discrimination and giving full effect to the Convention, the Committee asks the Government to provide information on any steps taken to introduce “social origin” in the list of grounds of discrimination prohibited by the Labour Code.

Discrimination on the basis of sex. Sexual harassment. In its previous comments, the Committee emphasized the lack of legal clarity of the measures to combat sexual harassment at work and requested the Government to examine the possibility of amending the definition of sexual harassment in the Labour Code so as to include not only quid pro quo sexual harassment, but also a hostile working environment. The Committee notes the decision of the Constitutional Council of 5 May 2012 to repeal the provisions of section 222-33 of the Penal Code respecting the offence of sexual harassment. The Committee also notes the adoption of Act No. 2012-954 of 6 August 2012 respecting sexual harassment to amend, among other legislation, the Penal Code (including section 222-33), the Labour Code (sections L1153-1 to L1153-6) and Act No. 83-634 of 3 July 1983 determining the rights and duties of public employees, which defines sexual harassment as being “repeated phrases or behaviour with a sexual connotation which either violate dignity in view of their degrading or humiliating nature, or create an intimidating, hostile or offensive situation”, and considers as sexual harassment “any form of serious pressure, even if not repeated, with the real or apparent aim of obtaining an act of a sexual nature, whether for the person exerting the pressure or for a third party”. The Committee welcomes the fact that the new definition of sexual harassment included in the Labour Code covers both quid pro quo and hostile working environment sexual harassment. However, it notes that the acts covered have to be “repeated” or, if they are not repeated, they must consist of “serious pressure”, and it considers that these provisions could have the effect of limiting the protection of workers against sexual harassment. The Committee requests the Government to provide information on the application in practice of the new provisions of the Labour Code and the Penal Code respecting sexual harassment at work, including information on the cases dealt with by the Office of the Rights Ombud, labour inspectors and the courts. It encourages the Government to strengthen awareness-raising activities with a view to preventing and eliminating sexual harassment at work and informing men and women workers, employers and their organizations of their respective rights and duties in this regard. Furthermore, with reference to its previous comments on the application of the Convention in French Guiana and Réunion, the Committee once again requests the Government to provide specific information on any measures adopted to prevent or eliminate sexual harassment at work in the overseas departments.

Discrimination on grounds of race, colour and national extraction. Travellers. The Committee notes the Government’s indication that the employment policy and its measures are not targeted at a specific ethnic community, but are intended to respond to the needs of individuals who are not close to the labour market or who are experiencing difficulties in gaining access to it. It also notes the report published in October 2012 by the Audit Court on the reception and support provided for travellers emphasizes the social difficulties with which they are confronted, including the absence of schooling for their children and the occasional nature of their economic activities, as well as direct discrimination in recruitment and in enterprises, and refusal of registration with the employment services (Pôle Emploi). The Committee notes that the issue of the obstacles encountered by travellers with travel permits (cards or documents) in registering with the Pôle Emploi was addressed by the HALDE in Opinion No. 2011-118 of 18 April 2011, which recommended the inclusion of the travel permit in the list of documents that can be used by jobseekers to prove their identity, and therefore to register with the Pôle Emploi. The Committee also notes that further to a decision of the Constitutional Council of 5 October 2012, the “travel card”, which was to be held by each individual and had to be approved every three months by the administrative authorities, has been abolished; the “travel document”, a distinct document held by travellers, is still valid. Noting that the situation of travellers in relation to access to education, vocational training, employment and the various occupations does not appear to have improved, the Committee encourages the Government to take tangible measures specifically designed to promote equality of opportunity and treatment for travellers in employment and occupation, including measures to improve their skills levels, recognize and validate their vocational skills and facilitate their registration with the employment services. Please provide information on the measures adopted for this purpose and the results achieved.

Roma. The Committee notes that the access to employment of nationals of Bulgaria and Romania, from where the majority of members of the Roma community living in France originate, has been extended to 291 trades (compared with 150 previously) by the Order of 1 October 2012, and that the tax that has to be paid by the employer to the National Office for Immigration and Integration has been abolished. With regard to the school attendance of Roma children, it also notes the publication in September 2012, by the Minister responsible for success in education, of three circulars intended to remove difficulties related to the schooling of Roma children “often due to material obstacles related to their itinerant lifestyle, but also to their precarious situation and certain stereotypes” and to prevent them dropping out of school. However, the Committee notes that the dismantling of Roma camps is continuing, without alternative solutions for accommodation being found, thereby reinforcing their marginalization, stigmatization and the prejudices of which the members of the Roma community are already victims, and creating obstacles to their social integration and the school attendance of their children. In its previous comments, the Committee noted that in 2010 the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at the increase in manifestations of racism and racist violence against the Roma on French territory and the difficulties that they face with regard to the exercise of their economic, social and cultural rights (CERD/C/FRA/CO/17-19, of 27 August 2010, paragraphs 14 and 15). Noting that the Government’s report does not contain a reply to its previous comments, the Committee urges it to take appropriate measures, in collaboration with the organizations representing the Roma, to combat discrimination against the Roma effectively and to promote respect and tolerance, and to provide information on the measures adopted in this respect. The Committee also requests the Government to provide information on the following points:

• (i) the measures taken to ensure the school enrolment and retention at school of Roma children, and for the vocational training of young persons and adults; and
• (ii) the impact of the extension of the list of trades accessible to Romanian and Bulgarian nationals on the access to employment, including self-employment, of members of the Roma community.

Promotion of equality of opportunity and treatment in the public service. Noting that the Government’s report does not contain any information on this subject, the Committee is bound to reiterate its request for the provision of information on the implementation of these measures and provisions, including the Charter to Promote Equality in the Public Service, and on any plan of action adopted to promote professional equality at all stages of employment in the public sector, the obstacles encountered and the evaluation of the overall results of these measures, including on access by all to the public service without discrimination on the basis of any of the grounds prohibited by the national legislation and the Convention, accompanied by appropriate statistical data. With regard to the comments made in May 2010 by the National Union of Scientific Research Workers and the Autonomous National Union of Sciences concerning the career orientation system envisaged by Act No. 2009-972 of 3 August 2009 in relation to mobility and career paths in the public service, of which the trade union organizations emphasized the potentially discriminatory nature, the Committee requests the Government to provide information on the implementation of this system in practice and on any difficulties encountered.

Promotion of equality of opportunity and treatment for men and women in employment and occupation. The Committee notes the data on the employment of men and women provided by the Government, showing the persistence of inequality in employment and occupation. The Committee welcomes the adoption of Act No. 2011-103 of 27 January 2011 on the balanced representation of women and men on executive boards and occupational equality, which provides for the progressive introduction of quotas for the representation of each gender on these bodies (40 per cent by 2017). The Act also provides that such boards shall discuss each year the enterprise policy on vocational and wage equality based on a report of the comparative situation of the general conditions of employment of women and men in the enterprise. However, the Committee notes that, according to a study conducted in February 2011, only half of enterprises had prepared the comparative report. The Committee notes the adoption of Act No. 2010-1330 of 9 November 2010, section 99 of which establishes a financial penalty, which may be as high as 1 per cent of the payroll, in the absence of a negotiated agreement or plan of action for occupational equality, which has to be adopted on the basis of the comparative report. It nevertheless notes that Decree No. 2011-822 of 7 July 2011, issued under section 99 of the Act of 2010, provides that, in certain cases, including economic difficulty, the penalty applicable to an enterprise which has not fulfilled its obligations in this respect may not be applied or may be reduced. In this regard, the Committee notes that a draft text to revise the provisions on the application of sanctions to enterprises which are not in compliance with the Act on occupational equality is currently being prepared in collaboration with the social partners. The Committee further notes the information on collective bargaining on occupational equality provided by the Government in its report under the Equal Remuneration Convention, 1951 (No. 100). According to this information, collective bargaining at the branch and enterprise levels is progressing, even though it remains inadequate, and the content of the agreements concluded is constantly improving. The Committee notes in this respect that an analysis of the branch agreements found good practices which have been published on the website of the Ministry of Labour, Employment, Vocational Training and Social Dialogue with a view to helping enterprises give effect to the legislative provisions. The Committee also notes that equality for men and women in employment and occupation is one of the principal themes addressed by the Major Social Conference which brought together the Government and the social partners in July 2012. It observes that on this occasion the Government and workers’ and employers’ organizations determined “the conditions for tripartite commitment to real equality for women and men” and agreed on the establishment of a steering committee and on experiments at the regional level. The Committee notes that workers’ and employers’ organizations engaged in inter-occupational bargaining in September 2012 on occupational equality for men and women and the quality of working life. Welcoming the commitment demonstrated by the Government to address inequalities between men and women, in collaboration with the social partners, and the resources allocated to this purpose, the Committee requests the Government to provide information on the measures adopted and the action taken to this end, including any measures relating to education and vocational guidance and training, and the results achieved. It also requests the Government to provide information on the implementation of Act No. 2011-103 of 27 January 2011 on quotas and on the effect given to the system of penalties established by Act No. 2010-1330 of 9 November 2010, including information on any further measures in this respect. Please continue to provide information on the outcome of collective bargaining on occupational equality at all levels.

The Committee also recalls that, in a previous report, the Government indicated that inequalities between men and women in relation to access to the labour market persisted in Guadeloupe and French Guiana and that there had been no significant improvement in the situation in recent years. The Committee once again requests the Government to provide specific information on the measures adopted and the action taken to promote equality for men and women in employment and occupation in the overseas departments, including the measures taken to combat gender stereotypes.

Equality of opportunity and treatment in education and vocational training. Persons with disabilities. The Committee notes that in its Opinion No. 2011-119 of 18 April 2011, the HALDE, which commissioned two surveys on the schooling of children with disabilities and examined the impact of Act No. 2005-102 of 11 February 2005 on equality of rights and opportunities, the participation and citizenship of persons with disabilities, recommended four areas of priority action: the accessibility, prior to the 2015 deadline, of all public and private contracted schools and teaching establishments; the effective allocation of financial and human resources for the schooling in ordinary establishments of school children with disabilities; the strengthening of coordination between the various actors engaged in the education of children and young persons with disabilities; and the implementation of suitable measures to give effect to the right to education of children with disabilities in medical and social establishments and services and health-care facilities. The Committee requests the Government to provide information on the implementation and impact of Act No. 2005-102 in the field of education and vocational guidance and training for persons with disabilities, and to indicate the action taken as a result of the recommendations issued by the HALDE in 2011 to ensure equality of opportunity and treatment for persons with disabilities in education and vocational training.

Institution to combat discrimination and promote equality. In its previous comments, the Committee emphasized on numerous occasions the importance of the role and the work of the HALDE. The Committee notes that, following the adoption of Basic Act No. 2011-333 of 29 March 2011 respecting the Rights Ombud, the HALDE has been integrated into a single institution, the Office of the Rights Ombud, which is entrusted with (i) defending individual rights and freedoms in the context of relations with administrations; (ii) defending and promoting the higher interests and rights of the child; (iii) combating types of discrimination prohibited by law and promoting equality; and (iv) ensuring compliance with ethical standards by persons engaged in security activities. The Committee notes that, according to the 2011 annual report of the Rights Ombud, the number of cases received and dealt with by the “Mission to combat discrimination”, the body operating within the Office of the Rights Ombud, has fallen by over one third in relation to 2010, and that this decline cannot only be explained by a reorientation of certain cases to other units of the Office of the Rights Ombud, but is also due to a deficit in communication by the new institution concerning its competence in relation to discrimination. The Committee also notes that the section of the 2011 annual report of the Rights Ombud devoted to combating discrimination contains much less information than the previous reports of the HALDE, which regularly provided a fairly detailed assessment of the situation with regard to discrimination in employment and occupation and the measures intended to remedy it. The Committee further notes that in August 2011 a report entitled “Perceptions of the HALDE by enterprises” was submitted to the Rights Ombud and that it contains 15 recommendations concerning, among other matters, the promotion of equality and information, the strengthening of partnerships with enterprises and the social partners and the creation of a discrimination observatory. The Committee asks the Government to ensure that the “Mission to combat discrimination”, within the Office of the Rights Ombud, is able to pursue and intensify its awareness-raising activities against discrimination and to promote equality without distinction based on the grounds of discrimination in employment and occupation that are prohibited by law, and requests the Government to provide information in this regard. It trusts that the Government will take the necessary measures to ensure that the “Mission to combat discrimination” continues to be allocated the necessary resources and personnel so that it can discharge not only its functions relating to the examination of complaints, but also in the fields of awareness raising and information, training, research and analysis, and issuing recommendations to the public authorities, and asks the Government to provide information on concrete steps taken. The Committee also requests the Government to provide information on the action taken as a result of the recommendations contained in the report on the “Perceptions of the HALDE by enterprises”, particularly in relation to collaboration with workers’ and employers’ organizations.

Labour inspection. Noting that the report does not contain any information in reply to its previous request, the Committee asks the Government to provide information on the activities carried out in practice by labour inspectors in relation to protection against discrimination and the promotion of equality in employment and occupation throughout the territory, including indications of the action taken in the overseas departments and regions.

Statistics. The Committee welcomes the production by the Office of the Rights Ombud and the National Commission on Information Technology and Freedoms (CNIL) of a methodological guide for employers on the collection of data with a view to achieving progress in equality in employment. The guide indicates the procedures to be followed for the establishment of reliable measurement indicators so as to enable employers to take action to achieve equality in compliance with the legislation and to ensure the protection of personal data. The Committee also notes that the Committee for the Measurement of Diversity and the Evaluation of Discrimination (COMEDD) has prepared a report entitled “Inequality and discrimination: Towards a critical and responsible use of statistics” (February 2010). The Committee wishes to recall that, with a view to determining the nature, extent and causes of discrimination and inequalities, it is indispensable to have available relevant data and statistics with a view to determining priorities and developing appropriate measures, monitoring and evaluating their effectiveness and making any adjustments which may prove necessary. The Committee requests the Government to provide information on the dissemination to enterprises of the guide published by the CNIL and the Rights Ombud on the collection of data relating to equality in employment, and on its use in practice. It also requests it to provide information on the manner in which the impact is evaluated of the measures that it takes to combat discrimination and promote equality in employment, and accordingly to evaluate the progress achieved. Please indicate any action taken on the basis of the recommendations contained in the report of the COMEDD in this respect.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(1)(a) of the Convention. Discrimination on the basis of race, colour or national extraction. In its previous comments, the Committee emphasized that, despite certain initiatives, the various measures and schemes did not appear to be producing sufficient results in terms of combating effectively discrimination in employment on the basis of race or national extraction, particularly with regard to the access to employment of young French nationals of foreign origin, and it requested the Government to strengthen its action and to promote equality actively in this field. The Committee also noted the action programme and recommendations drawn up in 2009 by the Commissioner for Diversity and Equal Opportunities, which contained a list of measures to be taken to promote equality of opportunity, particularly in education and employment. It further noted that in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted the draft national plan to combat racism (CERD/C/FRA/CO/17-19, 27 August 2010, paragraph 9).

In this respect, the Committee notes the information provided by the Government in the report to the CERD on the follow-up to its recommendations, according to which the National Plan of Action against Racism and Anti-Semitism, including a component on the “promotion of equal opportunities, particularly in professional matters”, is in the process of being completed (CERD/C/FRA/CO/17-19/Add.1, 6 October 2011, paragraph 7). The Committee also notes that, according to the annual report (2011) of the Office of the Rights Ombud, the institution into which the High Authority to Combat Discrimination and Promote Equality (HALDE) was integrated in 2011, “origin”, which is understood as “national extraction” within the meaning of Article 1(1)(a) of the Convention, remains the ground of discrimination most frequently referred to in complaints relating to employment (23.5 per cent of all complaints registered), and employment remains the field in which the largest number of complaints are received (48.3 per cent of the total number of complaints). The Committee also notes the publication in February 2010 of a report by the Committee for the Measurement of Diversity and the Evaluation of Discrimination (COMEDD), entitled “Inequality and discrimination: Towards a critical and responsible use of statistics”, to which the Government refers in its report. The report of the COMEDD calls for the establishment of a regular statistical information system on discrimination and diversity; the creation of a discrimination observatory; and the introduction in enterprises with over 250 employees of a comparative report on the situation regarding differences of treatment related to origin that employers would be required to complete each year concerning recruitment, promotion, type of contract, access to training, level of remuneration, etc., along the lines of the measures taken to measure gaps between men and women in enterprises with more than 50 employees. The report adds that the comparative situation report could be forwarded to staff representatives with a view to defining programmes to combat discrimination in the context of the national inter-occupational agreement on diversity in the enterprise, concluded in 2006 and made compulsory in 2008. With regard to the implementation of this agreement, the Government indicates in reply to the Committee’s request for information, that it would appear to be practically impossible to assess the number of specific enterprise agreements that cover diversity in whole or in part. The Committee notes however that the inter-occupational agreement envisaged the establishment of a joint monitoring commission to assess the implementation of its provisions in the various branches, enterprises and territories.

With reference to its previous observation and noting that progress does not appear to have been made in relation to equality in employment and occupation without distinction as to race, colour or national extraction, the Committee requests the Government to take measures without further delay, in collaboration with workers’ and employers’ organizations, with a view to combating effectively the problem of discrimination on the above grounds and addressing the underlying causes, including measures to combat prejudices and stereotypes against certain groups of the population and to promote tolerance. It requests the Government to provide information on any measures adopted in this regard. The Committee also requests the Government to provide further information on the following points:

• (i) the content and implementation of the National Plan of Action to Combat Racism and Anti-Semitism in education, vocational training and employment;
• (ii) any action taken as a result of the programme of action and recommendations made by the Commissioner for Diversity and Equal Opportunities and the recommendations of the COMEDD in relation to employment, including the comparative situation report and the role of the social partners.

The Government is also requested to provide detailed information on the implementation of the national inter-occupational agreement on diversity in the enterprise and to provide the findings of any assessment of the action taken to promote equality of opportunity and treatment at the branch and enterprise level.

Discrimination on the basis of religion. In its previous comments, the Committee urged the Government to provide information on the application of Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004 concerning the prohibition on wearing any conspicuous religious signs or apparel in public schools under penalty of disciplinary measures, including expulsion. The Committee notes that the Government’s report still does not contain any information on this subject and it once again requests the Government to provide information on the following points:

• (i) any court ruling or administrative decision concerning the application of the above legislation;
• (ii) the numbers of students who have been expelled from school on the basis of the Act, disaggregated by sex and age, and the nature of the religious sign or apparel at issue; and
• (iii) the measures taken to ensure that the pupils who have been expelled nonetheless have access to education and training.

The Committee also requests the Government to ensure that the application of this Act does not have the effect of reducing the opportunities for women to find employment in future, and asks the Government to provide specific information on the impact respectively on men and women’s employment opportunities.

In its previous comment, the Committee noted the adoption of Act No. 2010-1192 of 11 October 2010 prohibiting the concealment of the face in public places and it requested the Government to provide information on its application in practice. The Committee notes that the Government’s report does not contain any information on this subject. In view of the discriminatory effect that this Act may have, the Committee once again requests the Government to provide information on the application in practice of Act No. 2010-1192 in relation to employment and occupation. It requests the Government to indicate what steps are being taken to ensure that the implementation of this Act does not have the effect of preventing women of Muslim religion wearing a full veil to find and exercise employment, and to indicate whether any measures are envisaged to evaluate the impact of this text.

Equality of opportunity and treatment for men and women in the public service. The Committee notes that the Government’s report does not contain any information on this subject. However, the Committee notes the information contained in a report on “occupational equality for men and women in the public service”, submitted by a member of Parliament to the President of the Republic in January 2011, which provides a detailed description of the inequalities which persist to the detriment of women, including horizontal and vertical occupational segregation, pay gaps and career progression (including part-time work), and makes numerous recommendations to resolve them. In this respect, the Committee notes with interest the adoption of Act No. 2012-347 of 12 March 2012 respecting access to titular employment and the improvement of the terms and conditions of employment of contractual agents in the public service, action to combat discrimination and various provisions respecting the public service, and the adoption of Decree No. 2012-601 of 30 April 2012 respecting arrangements for balanced recruitment at the higher levels of the public service, determining the posts concerned. The Act sets numerical and progressive objectives for the appointment of women to higher managerial posts (section 56: 20 per cent in 2013–15, 30 per cent in 2015–17 and 40 per cent as from 2018) and quotas for the representation of women on the executive boards of public establishments and other bodies (section 52-55), and contains provisions on parental leave. It also provides that an annual report shall be issued on occupational equality, including in relation to recruitment, training, working time, promotion, conditions of work, remuneration and the reconciliation of working and private life (section 51). The Committee asks the Government to continue adopting measures, in collaboration with the social partners, to promote equality for men and women in the public service and encourage the internal professional development of women, and to provide information on the implementation of occupational equality measures, including the numerical objectives and quotas for recruitment envisaged in the Act, and the results obtained. The Committee requests the Government to indicate any action taken on the other proposals contained in the report on occupational equality for men and women in the public service of 2011.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Promotion of equality of opportunity and treatment for men and women in employment and occupation. The Committee refers to its observation in which it notes the amendment of article 1 of the Constitution by the Act of 23 July 2008, under the terms of which “the law shall promote the equal access of women and men to electoral mandates and elected functions, as well as to professional and social responsibilities”. In its report, the Government indicates that the employment rate of women in 2004 was still 11.5 points lower than that of men and that the unemployment rate of women remained high. Furthermore, women only occupied 25 per cent of middle management positions in the private sector, even though they represent almost half of the active population. The Committee notes in this respect the Bill on the balanced representation of women and men on executive and supervisory boards and occupational equality that is currently being examined by the National Assembly and hopes that this Bill will soon be adopted and promulgated.

The Committee also notes that, in its report on Guadeloupe, the Government indicates that there are persistent inequalities between men and women in terms of access to the labour market and that there has not been a significant improvement in the situation in recent years. The same applies to French Guiana, where the competent services also note the persistence of inequalities between men and women in terms of employment, despite the action taken by the regional public employment service.

The Committee notes that, in its resolution No. 2009-237 of 29 June 2009 on equality between women and men, the High Authority to Combat Discrimination and Promote Equality (HALDE) emphasizes that, despite the existence of a strengthened legal framework, equality between men and women is still far from being effective and it makes a number of recommendations to the public authorities. The Committee observes that these recommendations include the formulation of legislative provisions or regulations to define specific measures intended to resolve de facto inequalities (affirmative action) and to develop and reform parental leave to ensure a better distribution of family responsibilities between the two parents. The Committee also observes that, according to HALDE, women are still badly informed concerning the types of discrimination that they may suffer and that it is necessary to conduct awareness-raising activities, which need to be evaluated regularly.

The Committee also notes the information on the monitoring and implementation by the social partners of the interoccupational agreement of 2004 on occupational balance and equality between men and women, including the conclusion of a number of collective agreements. However, it notes that, according to the Government, the outcome is inadequate, since the collective agreements concerned are still sometimes limited in light of the legal provisions. The Committee notes in this respect that the HALDE, in its 2009 resolution, also emphasizes the role of the social partners in the implementation of rights to equality in employment and occupation between men and women.

In view of the above, the Committee requests the Government to provide information on the following points:

• (i) the affirmative action taken, in collaboration with the social partners, to promote equality of access for men and women to employment, and their impact on the employment of women, including in positions of responsibility, and the measures taken to combat occupational segregation in an effective manner, including in overseas departments and regions;
• (ii) the action taken to give effect to the recommendations made by the HALDE in its annual report for 2009, including resolution No. 2009-237 on equality between men and women;
• (iii) the activities of the High Council for Occupational Equality between Women and Men, and particularly any proposal or recommendation made and, where appropriate, the action taken as a result;
• (iv) the implementation of the Act on the balanced representation of women and men in executive and supervisory boards and on occupational equality; and
• (v) collective agreements concluded recently which provide for the adoption and implementation of practical measures for the purposes of equality in employment and occupation.

Equality of opportunity and treatment for men and women in the public service. The Committee notes the information, including the statistics, provided by the Government in reply to its comments, particularly on the right to vocational training and the recognition of occupational experience acquired through the measures introduced by Act No. 2007-148 of 2 February 2007 and the agreement of 21 November 2006 on vocational training, and also in terms of internal promotion. It however observes that, even though it has increased slightly, the proportion of women at executive levels in the state public service remains very low (16.3 per cent in 2006). In this respect, the Government indicates that various factors may explain the slow increase in the number of women in executive positions, but that the main difficulty lies in the conditions of work of officials appointed to this type of position and the difficulties in reconciling professional and family life. According to the report, certain measures have been adopted to make it easier for young parents who wish to remain at work, such as assistance with the cost of childcare and incentives for the construction of nurseries. The Committee requests the Government to take the necessary measures to intensify the action taken to promote equality between men and women in the public service and to encourage the internal professional development of women, particularly to executive positions, and to provide information on the progress achieved in this respect. Noting that a mission on equality between men and women in the public service was entrusted to a deputy in October 2010 with a view to identifying the remaining obstacles in the three public services in relation to equality in employment and occupation, in terms of career prospects, including the representation of women in decision-making positions and on dialogue bodies, the Committee requests the Government to provide information on the conclusions of this mission and on any measures taken or envisaged as a result.

Equality of access of men and women to training. In the absence of specific information on this subject in the Government’s report, the Committee once again requests it to provide information on the following points:

• (i) the measures taken at the regional level to promote the access of women to all the forms of training available and their impact in terms of equality of access to training for men and women; and
• (ii) the measures taken by the State to ensure that women who follow these training programmes are then able to gain access to jobs that are commensurate with their qualifications, and the results achieved.

The Committee requests the Government to provide information on the measures taken at the local level to promote equality for men and women in access to vocational training in Guadeloupe, French Guiana, Martinique and Réunion, as well as on any assessment made on this subject.

Discrimination on grounds of sex. Sexual harassment. The Committee notes that Act No. 2008-496 of 27 May 2008 provides that discrimination includes “any act with a sexual connotation, suffered by a person and having the objective or effect of undermining her or his dignity and creating a hostile, degrading, humiliating or offensive environment” (section 11), which would correspond to sexual harassment, without this term however being explicitly used in the Act. The Committee observes that the Act does not directly modify the definition of sexual harassment contained in section L.1153-1 of the Labour Code, namely “acts of harassment of any person with a view to obtaining favours of a sexual nature for him or herself or for a third person”. The Committee fears that difference in the texts will not contribute to ensuring the legal clarity of the measures to combat sexual harassment at the workplace which is indispensable to ensure worker’s full and complete protection against this discriminatory practice. The Committee requests the Government to examine the possibility of adopting measures to amend the definition of sexual harassment in the Labour Code (section L.1153-1) so that the labour legislation covers not only quid pro quo sexual harassment, but also sexual harassment through a hostile working environment. The Government is requested to provide information on any measure adopted in this respect. Furthermore, with reference to its previous comments on the application of the Convention in French Guiana and Réunion, the Committee requests the Government to provide information on any measure adopted to prevent or combat sexual harassment at work, such as information or awareness-raising campaigns, and on any cases of sexual harassment brought to the knowledge of the labour inspection services or the competent jurisdictions.

Discrimination on grounds of sex and religion. The Committee notes the adoption of Act No. 2010-1192 of 11 October 2010 prohibiting the concealment of the face in public areas. Noting that the implementation of this Act may have a discriminatory effect in relation to women of Muslim religion wearing a full veil in terms of their opportunities to find and engage in employment, the Committee requests the Government to provide information on the number of women affected by Act No. 2010-1192 and on its application in practice in relation to employment and occupation.

Discrimination on grounds of race, colour and national extraction. Travellers. The Committee notes that, according to the periodic report of France to the Committee on the Elimination of Racial Discrimination (CERD) in 2009, the population of travellers in France is estimated at 300,000 and that this population group encounters major economic and social problems. According to this report, it is difficult for them to enter the labour market in view of their poor levels of qualification. The Government also indicates that they suffer from discrimination in relation to employment, housing, education, health and citizenship (CERD/C/FRA/17-19, 16 December 2009, paragraphs 95–6). The Committee notes that, in reply to its previous comments, the Government indicates that the National Advisory Commission on Travellers has essentially examined in recent years the issues of the reception of travellers and the places where they stay. With regard to access to employment, the Government indicates that, in view of the non-salaried nature of most of the activities performed by travellers, certain measures, such as the status of single entrepreneur or the active solidarity income (RSA) for non-salaried persons, may improve their situation with regard to employment, but that there are no data to assess the impact of these measures on the employment of travellers. The Committee notes the implementation between 2002 and 2007 of the CODIPE (Against Discrimination, for Employment) project, with the objective of the economic integration of travellers through the recognition of their skills and the development of new economic activities, and the action taken in relation to travellers by the Association for the Right to Economic Initiative, co-financed by the State. In light of the above, the Committee requests the Government to provide information on the following points:

• (i) the specific measures adopted or envisaged to promote equality of opportunity and treatment for travellers in relation to employment and occupation, including measures intended to improve their level of qualification by facilitating access to education and encouraging access to vocational training, and to recognize and validate their vocational competencies;
• (ii) any machinery in existence to assess the impact of these measures on the vocational integration and employment of travellers, including self-employment, and consequently on their economic and social situation;
• (iii) any activities undertaken by the National Advisory Commission on Travellers with a view to promoting equality of opportunity and treatment in employment and occupation; and
• (iv) any action taken as a result of the recommendations on the access to employment of travellers issued in February 2008 by the Advisory Commission on Human Rights.

Roma. The Committee notes that, in its concluding observations of 27 August 2010, the CERD expressed concern at the increase in manifestations of racism and racist violence against the Roma on French territory. The CERD also expressed concern at the difficulties faced by the Roma with regard to the exercise of their economic, social and cultural rights (CERD/C/FRA/CO/17-19, 27 August 2010, paragraphs 14 and 15). The Committee also notes that Roma originating from Romania and Bulgaria have recently been the subject of collective expulsion measures to their country of origin in the context of a policy known as “assistance for return”. The Committee observes that the adoption and implementation of these measures, which were covered widely by the media, which are aimed in particular at one ethnic group, can have the effect of reinforcing the stereotypes and prejudices to which they are already the victims. The Committee urges the Government to take any appropriate measures to combat discrimination against the Roma and to promote respect and tolerance between all components of the population. It requests the Government to provide information on the measures adopted or envisaged, in collaboration with the representative organizations of the Roma, to ensure the access to education of Roma children and the access to employment, including self-employment, and to vocational training of Roma men and women.

Labour inspection. The Committee welcomes the fact that professional equality between men and women was the subject of a national inspection campaign by the labour inspectorate in 2008 and that, in this context, an inspection guide and various methodological tools were developed and made available to labour inspectors. However, it observes that no action was taken in 2008 by the labour inspection services of Martinique and that, according to the Government’s report, the labour inspectors in Saint Pierre and Miquelon have not been trained in inspection in relation to discrimination. In view of the persistence of discrimination at work, the Committee encourages the Government to continue to reinforce the capacity of labour inspectors to combat discrimination by enabling them to benefit from appropriate training and to provide them with adequate resources, particularly in overseas departments and regions. Please continue to provide information on the activities carried out in practice by labour inspectors with a view to combating discrimination and promoting equality in employment and occupation throughout the territory.

Application. The Committee notes the activities of the HALDE as presented in its annual reports for 2008 and 2009. It notes that the HALDE received 10,545 complaints in 2009, or 21 per cent more than in 2008. The Committee observes that 48.5 per cent of the complaints relate to employment, two-thirds in the private sector and one third in the public sector (75 per cent concern career prospects and 25 per cent are related to recruitment). It observes in this respect that employment is one of the three priorities of the HALDE, which since its establishment in 2005 has been engaged in this field in actions to prevent and combat discrimination, as well as activities for the promotion of equality. Among these initiatives, the Committee notes the conclusion in 2009 and 2010 of partnership agreements between HALDE and the general judicial authorities of several large cities with a view to harmonizing their action to combat discrimination and achieve greater efficiency in the treatment of complaints. Finally, the Committee notes the Bill respecting the Rights Ombudsperson, which envisages the integration of the HALDE, alongside the Office of the Ombudsperson for children, the Mediator of the Republic and the National Commission on Ethics and Security in a single institution, namely the Office of the Rights Ombudsperson.

The Committee hopes that the Government will ensure that the Office of the Rights Ombudsperson, of which the mandate is much broader than that of the HALDE, has available the necessary means and resources, in both human and material terms, so that it can respond to the increasing number of complaints alleging discrimination in relation to employment, undertake awareness-raising and research activities, make recommendations to the authorities and promote occupational equality among the actors concerned. The Committee requests the Government to provide information on the definitive responsibilities and means made available to the Office of the Rights Ombudsperson to combat discrimination in employment and to promote equality in employment and occupation.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

... Non-discrimination and equality of opportunity and treatment. Legislative developments. The Committee notes with interest the amendment of article 1 of the Constitution by an Act of 23 July 2008 and the adoption of Act No. 2008-496 of 27 May 2008 issuing various provisions adapting the national legislation to community law in the field of combating discrimination, which implements and completes the transposition of five European Directives and amends the Labour Code, among other texts. Article 1 of the Constitution now explicitly provides that “the law shall promote the equal access of women and men to electoral mandates and elected functions, as well as to professional and social responsibilities”. Furthermore, following the adoption of Act No. 2008-496 of 27 May 2008, the Labour Code refers to the definition of direct and indirect discrimination in employment given in that Act (see below L.1132-1 and L.1134-1) and includes provisions specifying the conditions in which differences of treatment are possible without infringing the principle of the prohibition on discrimination (sections L.1133-2 and L.1142-2). The Act, which applies to all public or private persons, including those engaged in a self-employed activity, also provides that the instruction to discriminate constitutes discrimination and contains provisions on the protection of victims and the witnesses of discriminatory acts against any retaliatory measures, the burden of proof and moral or sexual harassment. Noting this information, the Committee requests the Government to provide information on the application of article 1 of the Constitution and the provisions of Act No. 2008-496 of 27 May 2008 in practice.

Discrimination on the basis of race and national extraction. The Committee notes that in 2009, “origin” was the ground of discrimination referred to most often in complaints concerning employment received by the High Authority to Combat Discrimination and Promote Equality (HALDE) and that a high percentage of the deliberations of this body also concern this ground. It also notes that, according to a report published in November 2010 by the National Institute of Statistics and Economic Studies entitled “France – Social portrait 2010”, during the period between 2005 and 2008, on average 86 per cent of French men aged between 16 and 65 years and 74 per cent of women had a job when both of their parents were of French birth, whereas the employment rate was 65 per cent among men and 56 per cent among women where at least one of their parents was an immigrant originally from a Maghreb country. The study emphasizes that these disparities are not entirely due to discrimination, but recalls that recent surveys have shown the existence of discrimination on the basis of “origin” during recruitment.

The Committee notes the information provided by the Government concerning awareness raising and the training of public and private actors on the prevention of discrimination, particularly in the public employment service, temporary employment agencies, consular chambers managing training, enterprises which have signed partnerships and trade union organizations. In its report, the Government also mentions preventive activities carried out by the commissions for the promotion of equal opportunities and citizenship at the departmental level and mentions the existence of town contracts which include measures to combat racial discrimination. The Committee notes the Government’s indication that ownership by local actors of measures to combat discrimination still needs to be broadly established. With regard to measures to combat discrimination in recruitment faced by young persons with immigrant parents, the Government indicates that activities have been carried out focusing on three areas: measures to support young persons in their search for employment, particularly through sponsorship, support for the creation of enterprises or skills development; raising the awareness of enterprises of the need to diversify their recruitment; and combating professional down-grading by seeking a better match between qualifications and employment levels for higher education graduates.

Emphasizing the particularly important role of workers’ and employers’ organizations in promoting equality in employment and occupation, the Committee notes that the Inter-Occupational Agreement on Diversity in Enterprises, which was signed in 2006 by the social partners and made obligatory in 2008, provides for the implementation of action focusing on the commitment of managers of enterprises, awareness raising and combating stereotypes. The Committee also notes that in May 2009, an action programme and recommendations on diversity and equal opportunities were drawn up by the Commissioner for Diversity and Equal Opportunities and that it contains a list of measures to be taken to promote equal opportunities in education and employment. Finally, it notes from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) that France is drawing up a national plan to combat racism (CERD/C/FRA/CO/17-19, 27 August 2010, paragraph 9). The Committee hopes that the national plan to combat racism will include a section on employment and occupation, including education and vocational training, developed in collaboration with employers’ and workers’ organizations, and asks the Government to provide information in this regard.

The Committee also notes the report of the United Nations independent expert on minority issues following her visit to France in September 2007. Noting that members of minority communities are confronted with serious racial discrimination, she issued a number of recommendations, such as the need to establish more severe penalties so that they are sufficiently dissuasive in cases of discriminatory practices and the importance of putting in place robust affirmative action policies to counter the effects of long-term discrimination (A/HRC/7/23/Add.2, 4 March 2008, paragraphs 78 and 79). Furthermore, the CERD noted with regret in its concluding observations that “notwithstanding recent policies to combat racial discrimination in housing and employment, persons of immigrant origin or from ethnic groups … continue to be the target of stereotyping and discrimination of all kinds, which impede the integration and advancement at all levels of French society” (CERD/C/FRA/CO/17-19, 27 August 2010, paragraph 13).

Noting this information and the numerous measures and schemes established at both the national and local levels to combat discrimination on the basis of race, national extraction or ethnic origin, the Committee expresses concern at the fact that these measures do not appear to be producing sufficient results and requests the Government to strengthen its action to combat effectively discrimination on the basis of race or national extraction and to actively promote equality in employment and occupation. The Committee requests the Government to provide statistics allowing the Committee to assess the impact of the measures to promote equal opportunities and treatment in employment, including in education and vocational training, irrespective of race or national extraction. The Government is also requested to provide information on the following points:

• (i) any measures taken to promote tolerance and respect among all members of the population and to combat the persistent stereotypes and prejudices suffered by persons from an immigrant background or members of ethnic groups, including in the overseas departments and regions;
• (ii) the follow-up to the action programme and recommendations of the Commissioner for Diversity and Equal Opportunities in Employment and Occupation;
• (iii) the measures taken to combat discrimination on the basis of race, national extraction and ethnic origin in employment in the context of the future national plan to combat racism; and
• (iv) the action taken by the social partners to implement the Inter-Occupational Agreement on Diversity in Enterprises made obligatory in 2008 and to promote collective bargaining on this issue.

Promotion of equality of opportunity and treatment in the public service. The Committee notes that a Charter for the promotion of equality in the three branches of the public service was signed in December 2008 by the Minister responsible for the public service and the President of HALDE. The aim of the Charter is to establish recruitment conditions that are tailored to needs without discrimination, make career paths more dynamic, raise the awareness of and train employees of the administration and disseminate good practices. The Committee notes that the first assessment of the implementation of the Charter, given in the annual report on the state of the public service (Policies and practices 2009–10), shows progress in the mobilization of Ministries and the start of social dialogue, the opening up of the public service following the establishment of various integrated preparatory classes (CPI) and the development of mentoring mechanisms, and several good practices to encourage professional development. The assessment also shows a poorer mobilization with regard to human resources management and access to training, as well as weaknesses relating to the establishment of diagnostic assessments on existing inequalities and alert mechanisms. The Committee notes that, according to the recommendations made by HALDE on this matter, there is a need to continue and intensify the efforts made, particularly with regard to training and informing staff to help them to identify potentially discriminatory situations and for the identification of sources of discrimination, the necessary procedures to verify the objectiveness of decisions, support for the victims of discrimination and overall follow-up of the measures taken. The Government also indicates that it has implemented a system of allowances for diversity aimed at persons preparing for a competitive entrance examination (categories A and B) and a scheme (“the Pact”) providing poorly qualified young persons with alternative training with a view to obtaining employment in category C. The Committee also notes that, in its report, the United Nations independent expert on minority issues considers that the public sector must lead by example in promoting and ensuring equality and that the Government should undertake more aggressive strategies to increase the number of people with immigrant background in the public service, particularly the police, civil service and the judiciary, and that these efforts should be evaluated on the basis of results or outcomes (A/HRC/7/23/Add.2, 4 March 2008, paragraph 86). Noting the efforts made not only to combat discrimination in the public service, but also to promote equal opportunities and treatment, the Committee requests the Government to provide information on the implementation of these measures and schemes, including the Charter of 2008, as well as of any action plan adopted to promote equality in employment and occupation, the obstacles encountered and the evaluation of the overall results of these measures, including appropriate statistics, on access by all to the public service without discrimination on the basis of any of the grounds prohibited by the national legislation and the Convention.

Furthermore, the Committee notes the comments communicated in May 2010 by the National Union of Scientific Researchers and the National Autonomous Union of Sciences concerning the career reorientation programme following a restructuring established under Act No. 2009-972 of 3 August 2009 on mobility and career paths in the public service. The trade union organizations emphasize the potentially discriminatory nature of the programme which would allow changes of jobs and even of employer within the public service without competitive entrance examinations. Noting the Government’s reply received in November 2010, according to which the career reorientation programme is based on ongoing dialogue between the administration and the employee concerned, the Committee requests it to ensure that the implementation of this programme in the event of a restructuring of the public service does not give rise to discriminatory practices prohibited by the legislation and the Convention.

Discrimination on the basis of religion. In its previous comments, the Committee urged the Government to provide information on the application of Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004 concerning the prohibition of wearing in public schools any conspicuous religious signs or apparel on pain of disciplinary measures including expulsion. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request to provide information on the following points:

• (i) any court ruling or administrative decision concerning the application of the above legislation;
• (ii) the numbers of boys and girls who have been expelled from school on the basis of the Act; and
• (iii) the measures taken to ensure that the pupils who have been expelled nonetheless have adequate opportunities to acquire education and training.

The Committee also requests the Government to ensure that the application of this Act does not have the effect of reducing the opportunities of girls to find employment in the future.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Promotion of equality of opportunity and treatment for men and women in employment and occupation. The Committee refers to its observation in which it notes the amendment of article 1 of the Constitution by the Act of 23 July 2008, under the terms of which “the law shall promote the equal access of women and men to electoral mandates and elected functions, as well as to professional and social responsibilities”. In its report, the Government indicates that the employment rate of women in 2004 was still 11.5 points lower than that of men and that the unemployment rate of women remained high. Furthermore, women only occupied 25 per cent of middle management positions in the private sector, even though they represent almost half of the active population. The Committee notes in this respect the Bill on the balanced representation of women and men on executive and supervisory boards and occupational equality that is currently being examined by the National Assembly and hopes that this Bill will soon be adopted and promulgated.

The Committee also notes that, in its report on Guadeloupe, the Government indicates that there are persistent inequalities between men and women in terms of access to the labour market and that there has not been a significant improvement in the situation in recent years. The same applies to French Guiana, where the competent services also note the persistence of inequalities between men and women in terms of employment, despite the action taken by the regional public employment service.

The Committee notes that, in its resolution No. 2009-237 of 29 June 2009 on equality between women and men, the High Authority to Combat Discrimination and Promote Equality (HALDE) emphasizes that, despite the existence of a strengthened legal framework, equality between men and women is still far from being effective and it makes a number of recommendations to the public authorities. The Committee observes that these recommendations include the formulation of legislative provisions or regulations to define specific measures intended to resolve de facto inequalities (affirmative action) and to develop and reform parental leave to ensure a better distribution of family responsibilities between the two parents. The Committee also observes that, according to HALDE, women are still badly informed concerning the types of discrimination that they may suffer and that it is necessary to conduct awareness-raising activities, which need to be evaluated regularly.

The Committee also notes the information on the monitoring and implementation by the social partners of the inter-occupational agreement of 2004 on occupational balance and equality between men and women, including the conclusion of a number of collective agreements. However, it notes that, according to the Government, the outcome is inadequate, since the collective agreements concerned are still sometimes limited in light of the legal provisions. The Committee notes in this respect that the HALDE, in its 2009 resolution, also emphasizes the role of the social partners in the implementation of rights to equality in employment and occupation between men and women.

In view of the above, the Committee requests the Government to provide information on the following points:

(i)    the affirmative action taken, in collaboration with the social partners, to promote equality of access for men and women to employment, and their impact on the employment of women, including in positions of responsibility, and the measures taken to combat occupational segregation in an effective manner, including in overseas departments and regions;

(ii)   the action taken to give effect to the recommendations made by the HALDE in its annual report for 2009, including resolution No. 2009-237 on equality between men and women;

(iii)  the activities of the High Council for Occupational Equality between Women and Men, and particularly any proposal or recommendation made and, where appropriate, the action taken as a result;

(iv)  the implementation of the Act on the balanced representation of women and men in executive and supervisory boards and on occupational equality; and

(v)   collective agreements concluded recently which provide for the adoption and implementation of practical measures for the purposes of equality in employment and occupation.

Equality of opportunity and treatment for men and women in the public service. The Committee notes the information, including the statistics, provided by the Government in reply to its comments, particularly on the right to vocational training and the recognition of occupational experience acquired through the measures introduced by Act No. 2007-148 of 2 February 2007 and the agreement of 21 November 2006 on vocational training, and also in terms of internal promotion. It however observes that, even though it has increased slightly, the proportion of women at executive levels in the state public service remains very low (16.3 per cent in 2006). In this respect, the Government indicates that various factors may explain the slow increase in the number of women in executive positions, but that the main difficulty lies in the conditions of work of officials appointed to this type of position and the difficulties in reconciling professional and family life. According to the report, certain measures have been adopted to make it easier for young parents who wish to remain at work, such as assistance with the cost of child care and incentives for the construction of nurseries. The Committee requests the Government to take the necessary measures to intensify the action taken to promote equality between men and women in the public service and to encourage the internal professional development of women, particularly to executive positions, and to provide information on the progress achieved in this respect. Noting that a mission on equality between men and women in the public service was entrusted to a Deputy in October 2010 with a view to identifying the remaining obstacles in the three public services in relation to equality in employment and occupation, in terms of career prospects, including the representation of women in decision-making positions and on dialogue bodies, the Committee requests the Government to provide information on the conclusions of this mission and on any measures taken or envisaged as a result.

Equality of access of men and women to training. In the absence of specific information on this subject in the Government’s report, the Committee once again requests it to provide information on the following points:

(i)    the measures taken at the regional level to promote the access of women to all the forms of training available and their impact in terms of equality of access to training for men and women; and

(ii)   the measures taken by the State to ensure that women who follow these training programmes are then able to gain access to jobs that are commensurate with their qualifications, and the results achieved.

The Committee requests the Government to provide information on the measures taken at the local level to promote equality for men and women in access to vocational training in Guadeloupe, French Guiana, Martinique and Réunion, as well as on any assessment made on this subject.

Discrimination on grounds of sex. Sexual harassment. The Committee notes that Act No. 2008-496 of 27 May 2008 provides that discrimination includes “any act with a sexual connotation, suffered by a person and having the objective or effect of undermining her or his dignity and creating a hostile, degrading, humiliating or offensive environment” (section 11), which would correspond to sexual harassment, without this term however being explicitly used in the Act. The Committee observes that the Act does not directly modify the definition of sexual harassment contained in section L.1153-1 of the Labour Code, namely “acts of harassment of any person with a view to obtaining favours of a sexual nature for him or herself or for a third person”. The Committee fears that difference in the texts will not contribute to ensuring the legal clarity of the measures to combat sexual harassment at the workplace which is indispensable to ensure worker’s full and complete protection against this discriminatory practice. The Committee requests the Government to examine the possibility of adopting measures to amend the definition of sexual harassment in the Labour Code (section L.1153-1) so that the labour legislation covers not only quid pro quo sexual harassment, but also sexual harassment through a hostile working environment. The Government is requested to provide information on any measure adopted in this respect. Furthermore, with reference to its previous comments on the application of the Convention in French Guiana and Réunion, the Committee requests the Government to provide information on any measure adopted to prevent or combat sexual harassment at work, such as information or awareness-raising campaigns, and on any cases of sexual harassment brought to the knowledge of the labour inspection services or the competent jurisdictions.

Discrimination on grounds of sex and religion. The Committee notes the adoption of Act No. 2010-1192 of 11 October 2010 prohibiting the concealment of the face in public areas. Noting that the implementation of this Act may have a discriminatory effect in relation to women of Muslim religion wearing a full veil in terms of their opportunities to find and engage in employment, the Committee requests the Government to provide information on the number of women affected by Act No. 2010-1192 and on its application in practice in relation to employment and occupation.

Discrimination on grounds of race, colour and national extraction. Travellers. The Committee notes that, according to the periodic report of France to the Committee on the Elimination of Racial Discrimination (CERD) in 2009, the population of travellers in France is estimated at 300,000 and that this population group encounters major economic and social problems. According to this report, it is difficult for them to enter the labour market in view of their poor levels of qualification. The Government also indicates that they suffer from discrimination in relation to employment, housing, education, health and citizenship (CERD/C/FRA/17-19, 16 December 2009, paragraphs 95 and 96). The Committee notes that, in reply to its previous comments, the Government indicates that the National Advisory Commission on Travellers has essentially examined in recent years the issues of the reception of travellers and the places where they stay. With regard to access to employment, the Government indicates that, in view of the non-salaried nature of most of the activities performed by travellers, certain measures, such as the status of single entrepreneur or the active solidarity income (RSA) for non-salaried persons, may improve their situation with regard to employment, but that there are no data to assess the impact of these measures on the employment of travellers. The Committee notes the implementation between 2002 and 2007 of the CODIPE (“Against Discrimination, for Employment”) project, with the objective of the economic integration of travellers through the recognition of their skills and the development of new economic activities, and the action taken in relation to travellers by the Association for the Right to Economic Initiative, co-financed by the State. In light of the above, the Committee requests the Government to provide information on the following points:

(i)    the specific measures adopted or envisaged to promote equality of opportunity and treatment for travellers in relation to employment and occupation, including measures intended to improve their level of qualification by facilitating access to education and encouraging access to vocational training, and to recognize and validate their vocational competencies;

(ii)   any machinery in existence to assess the impact of these measures on the vocational integration and employment of travellers, including self-employment, and consequently on their economic and social situation;

(iii)  any activities undertaken by the National Advisory Commission on Travellers with a view to promoting equality of opportunity and treatment in employment and occupation; and

(iv)  any action taken as a result of the recommendations on the access to employment of travellers issued in February 2008 by the Advisory Commission on Human Rights.

Roma. The Committee notes that, in its concluding observations of 27 August 2010, the CERD expressed concern at the increase in manifestations of racism and racist violence against the Roma on French territory. The CERD also expressed concern at the difficulties faced by the Roma with regard to the exercise of their economic, social and cultural rights (CERD/C/FRA/CO/17-19, 27 August 2010, paragraphs 14 and 15). The Committee also notes that Roma originating from Romania and Bulgaria have recently been the subject of collective expulsion measures to their country of origin in the context of a policy known as “assistance for return”. The Committee observes that the adoption and implementation of these measures, which were covered widely by the media, which are aimed in particular at one ethnic group, can have the effect of reinforcing the stereotypes and prejudices to which they are already the victims. The Committee urges the Government to take any appropriate measures to combat discrimination against the Roma and to promote respect and tolerance between all components of the population. It requests the Government to provide information on the measures adopted or envisaged, in collaboration with the representative organizations of the Roma, to ensure the access to education of Roma children and the access to employment, including self-employment, and to vocational training of Roma men and women.

Labour inspection. The Committee welcomes the fact that professional equality between men and women was the subject of a national inspection campaign by the labour inspectorate in 2008 and that, in this context, an inspection guide and various methodological tools were developed and made available to labour inspectors. However, it observes that no action was taken in 2008 by the labour inspection services of Martinique and that, according to the Government’s report, the labour inspectors in St Pierre and Miquelon have not been trained in inspection in relation to discrimination. In view of the persistence of discrimination at work, the Committee encourages the Government to continue to reinforce the capacity of labour inspectors to combat discrimination by enabling them to benefit from appropriate training and to provide them with adequate resources, particularly in overseas departments and regions. Please continue to provide information on the activities carried out in practice by labour inspectors with a view to combating discrimination and promoting equality in employment and occupation throughout the territory.

Application. The Committee notes with interest the activities of the HALDE as presented in its annual reports for 2008 and 2009. It notes that the HALDE received 10,545 complaints in 2009, or 21 per cent more than in 2008. The Committee observes that 48.5 per cent of the complaints relate to employment, two-thirds in the private sector and one-third in the public sector (75 per cent concern career prospects and 25 per cent are related to recruitment). It observes in this respect that employment is one of the three priorities of the HALDE, which since its establishment in 2005 has been engaged in this field in actions to prevent and combat discrimination, as well as activities for the promotion of equality. Among these initiatives, the Committee notes the conclusion in 2009 and 2010 of partnership agreements between HALDE and the general judicial authorities of several large cities with a view to harmonizing their action to combat discrimination and achieve greater efficiency in the treatment of complaints. Finally, the Committee notes the Bill respecting the Rights Ombudsperson, which envisages the integration of the HALDE, alongside the Office of the Ombudsperson for children, the Mediator of the Republic and the National Commission on Ethics and Security in a single institution, namely the Office of the Rights Ombudsperson.

The Committee hopes that the Government will ensure that the Office of the Rights Ombudsperson, of which the mandate is much broader than that of the HALDE, has available the necessary means and resources, in both human and material terms, so that it can respond to the increasing number of complaints alleging discrimination in relation to employment, undertake awareness-raising and research activities, make recommendations to the authorities and promote occupational equality among the actors concerned. The Committee requests the Government to provide information on the definitive responsibilities and means made available to the Office of the Rights Ombudsperson to combat discrimination in employment and to promote equality in employment and occupation.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Follow-up to the recommendations of the Tripartite Committee (representation made under article 24 of the Constitution). The Committee notes with interest the repeal by Act No. 2008-596 of 25 June 2008 of  the “contract of new employment” (CNE) scheme, which was the subject of a representation made under article 24 of the ILO Constitution alleging non-observance by France of the Convention and of the Termination of Employment Convention, 1982 (No. 158). It also notes, according to the information provided by the Government, that all current CNEs have been re-categorized as contracts for an indefinite period.

Non-discrimination and equality of opportunity and treatment. Legislative developments. The Committee notes with interest the amendment of article 1 of the Constitution by an Act of 23 July 2008 and the adoption of Act No. 2008-496 of 27 May 2008 issuing various provisions adapting the national legislation to community law in the field of combating discrimination, which implements and completes the transposition of five European Directives and amends the Labour Code, among other texts. Article 1 of the Constitution now explicitly provides that “the law shall promote the equal access of women and men to electoral mandates and elected functions, as well as to professional and social responsibilities”. Furthermore, following the adoption of Act No. 2008-496 of 27 May 2008, the Labour Code refers to the definition of direct and indirect discrimination in employment given in that Act (see below L.1132-1 and L.1134-1) and includes provisions specifying the conditions in which differences of treatment are possible without infringing the principle of the prohibition on discrimination (sections L.1133-2 and L.1142-2). The Act, which applies to all public or private persons, including those engaged in a self-employed activity, also provides that the instruction to discriminate constitutes discrimination and contains provisions on the protection of victims and the witnesses of discriminatory acts against any retaliatory measures, the burden of proof and moral or sexual harassment. Noting this information, the Committee requests the Government to provide information on the application of article 1 of the Constitution and the provisions of Act No. 2008-496 of 27 May 2008 in practice.

Discrimination on the basis of race and national extraction. The Committee notes that in 2009, “origin” was the ground of discrimination referred to most often in complaints concerning employment received by the High Authority to Combat Discrimination and Promote Equality (HALDE) and that a high percentage of the deliberations of this body also concern this ground. It also notes that, according to a report published in November 2010 by the National Institute of Statistics and Economic Studies entitled “France – Social portrait 2010”, during the period between 2005 and 2008, on average 86 per cent of French men aged between 16 and 65 years and 74 per cent of women had a job when both of their parents were of French birth, whereas the employment rate was 65 per cent among men and 56 per cent among women where at least one of their parents was an immigrant originally from a Maghreb country. The study emphasizes that these disparities are not entirely due to discrimination, but recalls that recent surveys have shown the existence of discrimination on the basis of “origin” during recruitment.

The Committee notes the information provided by the Government concerning awareness raising and the training of public and private actors on the prevention of discrimination, particularly in the public employment service, temporary employment agencies, consular chambers managing training, enterprises which have signed partnerships and trade union organizations. In its report, the Government also mentions preventive activities carried out by the commissions for the promotion of equal opportunities and citizenship at the departmental level and mentions the existence of town contracts which include measures to combat racial discrimination. The Committee notes the Government’s indication that ownership by local actors of measures to combat discrimination still needs to be broadly established. With regard to measures to combat discrimination in recruitment faced by young persons with immigrant parents, the Government indicates that activities have been carried out focusing on three areas: measures to support young persons in their search for employment, particularly through sponsorship, support for the creation of enterprises or skills development; raising the awareness of enterprises of the need to diversify their recruitment; and combating professional down-grading by seeking a better match between qualifications and employment levels for higher education graduates.

Emphasizing the particularly important role of workers’ and employers’ organizations in promoting equality in employment and occupation, the Committee notes that the Inter-Occupational Agreement on Diversity in Enterprises, which was signed in 2006 by the social partners and made obligatory in 2008, provides for the implementation of action focusing on the commitment of managers of enterprises, awareness raising and combating stereotypes. The Committee also notes that in May 2009, an action programme and recommendations on diversity and equal opportunities were drawn up by the Commissioner for Diversity and Equal Opportunities and that it contains a list of measures to be taken to promote equal opportunities in education and employment. Finally, it notes from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) that France is drawing up a national plan to combat racism (CERD/C/FRA/CO/17-19, 27 August 2010, paragraph 9). The Committee hopes that the national plan to combat racism will include a section on employment and occupation, including education and vocational training, developed in collaboration with employers’ and workers’ organizations, and asks the Government to provide information in this regard.

The Committee also notes the report of the United Nations independent expert on minority issues following her visit to France in September 2007. Noting that members of minority communities are confronted with serious racial discrimination, she issued a number of recommendations, such as the need to establish more severe penalties so that they are sufficiently dissuasive in cases of discriminatory practices and the importance of putting in place robust affirmative action policies to counter the effects of long-term discrimination (A/HRC/7/23/Add.2, 4 March 2008, paragraphs 78 and 79). Furthermore, the CERD noted with regret in its concluding observations that “notwithstanding recent policies to combat racial discrimination in housing and employment, persons of immigrant origin or from ethnic groups … continue to be the target of stereotyping and discrimination of all kinds, which impede the integration and advancement at all levels of French society” (CERD/C/FRA/CO/17-19, 27 August 2010, paragraph 13).

Noting this information and the numerous measures and schemes established at both the national and local levels to combat discrimination on the basis of race, national extraction or ethnic origin, the Committee expresses concern at the fact that these measures do not appear to be producing sufficient results and requests the Government to strengthen its action to combat effectively discrimination on the basis of race or national extraction and to actively promote equality in employment and occupation. The Committee requests the Government to provide statistics allowing the Committee to assess the impact of the measures to promote equal opportunities and treatment in employment, including in education and vocational training, irrespective of race or national extraction. The Government is also requested to provide information on the following points:

(i)    any measures taken to promote tolerance and respect among all members of the population and to combat the persistent stereotypes and prejudices suffered by persons from an immigrant background or members of ethnic groups, including in the overseas departments and regions;

(ii)   the follow-up to the action programme and recommendations of the Commissioner for Diversity and Equal Opportunities in Employment and Occupation;

(iii)  the measures taken to combat discrimination on the basis of race, national extraction and ethnic origin in employment in the context of the future national plan to combat racism; and

(iv)  the action taken by the social partners to implement the Inter-Occupational Agreement on Diversity in Enterprises made obligatory in 2008 and to promote collective bargaining on this issue.

Promotion of equality of opportunity and treatment in the public service. The Committee notes that a Charter for the promotion of equality in the three branches of the public service was signed in December 2008 by the Minister responsible for the public service and the President of HALDE. The aim of the Charter is to establish recruitment conditions that are tailored to needs without discrimination, make career paths more dynamic, raise the awareness of and train employees of the administration and disseminate good practices. The Committee notes that the first assessment of the implementation of the Charter, given in the annual report on the state of the public service (Policies and practices 2009–10), shows progress in the mobilization of Ministries and the start of social dialogue, the opening up of the public service following the establishment of various integrated preparatory classes (CPI) and the development of mentoring mechanisms, and several good practices to encourage professional development. The assessment also shows a poorer mobilization with regard to human resources management and access to training, as well as weaknesses relating to the establishment of diagnostic assessments on existing inequalities and alert mechanisms. The Committee notes that, according to the recommendations made by HALDE on this matter, there is a need to continue and intensify the efforts made, particularly with regard to training and informing staff to help them to identify potentially discriminatory situations and for the identification of sources of discrimination, the necessary procedures to verify the objectiveness of decisions, support for the victims of discrimination and overall follow-up of the measures taken. The Government also indicates that it has implemented a system of allowances for diversity aimed at persons preparing for a competitive entrance examination (categories A and B) and a scheme (“the Pact”) providing poorly qualified young persons with alternative training with a view to obtaining employment in category C. The Committee also notes that, in its report, the United Nations independent expert on minority issues considers that the public sector must lead by example in promoting and ensuring equality and that the Government should undertake more aggressive strategies to increase the number of people with immigrant background in the public service, particularly the police, civil service and the judiciary, and that these efforts should be evaluated on the basis of results or outcomes (A/HRC/7/23/Add.2, 4 March 2008, paragraph 86). Noting the efforts made not only to combat discrimination in the public service, but also to promote equal opportunities and treatment, the Committee requests the Government to provide information on the implementation of these measures and schemes, including the Charter of 2008, as well as of any action plan adopted to promote equality in employment and occupation, the obstacles encountered and the evaluation of the overall results of these measures, including appropriate statistics, on access by all to the public service without discrimination on the basis of any of the grounds prohibited by the national legislation and the Convention.

Furthermore, the Committee notes the comments communicated in May 2010 by the National Union of Scientific Researchers and the National Autonomous Union of Sciences concerning the career reorientation programme following a restructuring established under Act No. 2009-972 of 3 August 2009 on mobility and career paths in the public service. The trade union organizations emphasize the potentially discriminatory nature of the programme which would allow changes of jobs and even of employer within the public service without competitive entrance examinations. Noting the Government’s reply received in November 2010, according to which the career reorientation programme is based on ongoing dialogue between the administration and the employee concerned, the Committee requests it to ensure that the implementation of this programme in the event of a restructuring of the public service does not give rise to discriminatory practices prohibited by the legislation and the Convention.

Discrimination on the basis of religion. In its previous comments, the Committee urged the Government to provide information on the application of Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004 concerning the prohibition of wearing in public schools any conspicuous religious signs or apparel on pain of disciplinary measures including expulsion. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request to provide information on the following points:

(i)    any court ruling or administrative decision concerning the application of the above legislation;

(ii)   the numbers of boys and girls who have been expelled from school on the basis of the Act; and

(iii)  the measures taken to ensure that the pupils who have been expelled nonetheless have adequate opportunities to acquire education and training.

The Committee also requests the Government to ensure that the application of this Act does not have the effect of reducing the opportunities of girls to find employment in the future.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Promotion of gender equality in access to employment. In its previous observation, the Committee asked the Government to provide information on the practical results achieved in combating occupational segregation and precarious employment and in promoting women’s access to further training. The Committee notes that the agreement between the National Employment Agency (ANPE) and the Ministry for Occupational Parity and Equality formalizes a national partnership to promote the occupational integration of women, strengthen gender balance in jobs and promote equality at work. The Committee also notes that the public authorities have taken steps to enhance the capacities of public service officials in the prevention and combating of discrimination, and have implemented agreements and programmes to promote the integration of immigrant women in employment and training, and to combat occupational segregation, particularly in the construction industry. The Committee requests the Government to provide information on the impact of the measures taken to improve women’s access to the construction industry and to continue supplying information on the activities undertaken by the ANPE and its partners with regard to equality of access and treatment in employment and training, including the measures taken to promote gender balance in enterprises and reduce the occupational segregation of women.

2. Gender equality in access to employment in the public service. The Committee notes the statement in the Government’s report that women are still outnumbered by men in the highest level posts but that the numbers of women are clearly increasing in certain activities and occupations. The Committee notes that an active policy has been implemented to promote gender equality in the public service, especially through the implementation of multi-annual plans to facilitate women’s access to higher management posts in all ministries and through the collection of statistical data disaggregated by sex on employment in the public service. The Committee requests the Government to supply information on the impact of the policy to promote gender equality in the public service, particularly on reducing the occupational segregation of women and increasing their participation in higher management posts.

3. Gender equality in access to training. The Committee notes that under the Act of 23 March 2006 on equal pay for men and women states activities are being undertaken at regional level to meet learning and training requirements by promoting a gender balance in access to various branches of training. The Committee notes that, under the provisions of this Act, the State will determine objectives in any agreements that it signs, which promote a gender balance in the occupations for which preparation is made through the various forms of initial and further vocational training. The Committee requests the Government to supply information on the measures taken at regional level to promote women’s access to all forms of available training, including information on the impact of these measures on the gender balance in access to training. Moreover, the Committee requests the Government to supply information on the steps taken by the State to promote access to employment linked to their studies for women who follow these programmes, and requests the Government to provide information on the results achieved in this area.

4. Travellers. The Committee recalls that the National Advisory Commission on Travellers was set up to provide a forum for national dialogue between travellers’ representatives, elected representatives, the administration and other qualified persons. The Committee recalls that the role of this commission is, among others, to examine the specific problems encountered by travellers and make proposals to improve their integration in the national community, particularly with respect to employment. The Committee urges the Government to provide information on the activities of the National Advisory Commission on Travellers which aim to promote the integration of travellers in the employment market and to ensure that they do not suffer discriminatory treatment in respect of employment and occupation.

5. Practical application. Labour inspection and court decisions. Noting that the Government has not supplied any information on labour inspection activities and court decisions relating to the application of the principles of the Convention, the Committee requests the Government to send information in this respect. The Committee requests the Government once again to supply information on recent court decisions concerning to the provisions of the Anti-Discrimination Act No. 2001-1006 of 16 November 2001 amending the Penal Code and the Labour Code, in particular with regard to the burden of proof in cases of discrimination.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Discrimination on the basis of race and national extraction. In its previous comments, the Committee noted that, despite the abundance of laws and administrative and advisory bodies and a better understanding of the problems, the results achieved in combating discrimination on the basis of race and national extraction in respect of employment and occupation were disappointing, and that discrimination on these grounds was still increasing. The Committee also noted that action was rarely brought by victims of discrimination, who were largely from a non-European immigrant background, and who were still having serious difficulties in asserting their rights.

2. The Committee notes the steps taken by the Government to combat discrimination in employment and occupation on the basis of race, national extraction and ethnic origin. In this respect, the Committee notes the measures taken, in the context of the agreement concluded between the Service for Women’s Rights and Equality (SDFE), the Department of Population and Migration Studies and the Integration and Anti-Discrimination Assistance and Support Fund (FASILD), to promote the integration of immigrant women and women from an immigrant background in employment and vocational training, and to promote diversity and gender balance in enterprises. The Committee also notes that a national survey of discrimination was carried out in France from late 2005 to mid-2006 under the auspices of the International Labour Office (ILO) and the Department for the Promotion of Research and Statistical Studies (DARES). The aim of this survey was to help the Government and the social partners to verify the existence and the extent of discrimination in recruitment towards young French men and women on account of their origins, and to provide guidelines for and implement effective solutions. The Committee also notes that the Government agreed to the visit in September 2007 of the United Nations Independent Expert on minority issues, Ms Gay McDougall, and that the expert would present a full report on her mission in France to the United Nations Human Rights Council in 2008. The Committee emphasizes the conclusion reached by the ILO/DARES national survey that, in cases where employers made a choice between two candidates having comparable training, professional experience, style of dress and verbal expression, nearly four times out of five the candidate with a name of French origin was chosen, to the detriment of the candidate of Black African or Maghreb origin. The survey also shows that nearly nine-tenths of all cases of discrimination were seen to occur even before employers took the trouble to invite both candidates for interview.

3. The Committee notes the initiatives taken by the Government to prevent and combat discrimination on the basis of race, national extraction or ethnic origin. However, the Committee regrets, in view of the gravity of the situation, that the Government has not supplied more detailed information on all the activities taken to promote and enforce equality of access to employment and training irrespective of race, national extraction or ethnic origin, and on the impact of those activities. The Committee urges the Government to supply full information in its next report on the following: (a) the activities of the High Authority to Combat Discrimination for eliminating discrimination in practice on the basis of race, national extraction or ethnic origin; (b) the impact of the Diversity Charter of 2004 and the EQUAL programme on the promotion of diversity in enterprises; (c) any other measures adopted or envisaged, with the participation of the social partners, to stop discriminatory practices, and to promote in particular access to employment and training for qualified young persons from an immigrant background; and (d) any measures designed to promote tolerance, including campaigns to raise awareness and provide information on existing legislation concerning discrimination. The Committee also asks the Government to provide information on action taken further to the survey conducted by the ILO, including strategies for eliminating discrimination in the context of recruitment.

4. Discrimination on the basis of religion. The Committee refers once again to its previous comments on the prohibition imposed by Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004 on the wearing in public schools of any conspicuous religious signs or apparel on pain of disciplinary measures including expulsion. The Committee was concerned that in practice this Act might result in some children, particularly girls, being kept away from public schools for reasons associated with their religious convictions, thereby reducing their capacity for finding employment, contrary to the Convention. The Committee notes that the Government’s report does not provide any information on this point and once again reminds the Government of the importance of ensuring that the application of this Act does not have the effect of reducing girls’ capacity for finding employment in the future, which would be contrary to the principle of non-discrimination on religious grounds. The Committee urges the Government to supply information on the application of Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004, especially with regard to the following: (a) any court ruling or administrative decision concerning the application of the abovementioned legislation; (b) the respective numbers of boys and girls who have been expelled from school on the basis of the Act; and (c) the measures taken to ensure that the pupils who have been expelled nonetheless have adequate opportunities to acquire education and training.

5.  Article 24 of the Constitution of the ILO. Follow-up of a representation. The Committee notes that at its 300th Session (November 2007), the Governing Body adopted the recommendations of the tripartite committee established to examine the representation alleging non-observance by France of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Termination of Employment Convention, 1982 (No. 158), made under article 24 of the Constitution of the ILO by the Confédération générale du travail – Force ouvrière. These recommendations entrusted the Committee of Experts with following up the questions raised in the report of the tripartite committee (GB.300/20/6). With regard to Convention No. 111, the tripartite committee noted that Ordinance No. 2005-893 provides that the conditions of implementation of the “contract of new employment” (CNE) and its effects on employment will, by 31 December 2008, be assessed by a committee made up of representative employers’ and workers’ organizations. It considered it essential that this review also include an assessment of whether the measures have resulted in any direct or indirect discrimination against young workers, taking into account the effects of multiple discrimination based on age and the grounds referred to in Article 1(1)(a) of the Convention, especially sex, race, colour and national extraction. The Committee, therefore, asks the Government to provide information on the outcomes of the abovementioned assessment of the measures concerned on the employment of young workers, taking into account the effects of multiple discrimination based on age, sex, race, colour and national extraction.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Travellers. With respect to the practical application of Act No. 2000-614 of 5 July 2000 on measures to integrate travellers, the Committee notes with interest that a National Consultative Commission on Travellers (CNCGV) has been created to provide a forum for national dialogue between representatives from travellers, elected representatives, administration and other qualified persons. It notes that the role of this Commission is, among others, to study the specific problems encountered by travellers and make proposals to improve their integration in the national community, particularly with respect to employment. The Consultative Commission also drafts an annual report on its activities and provides, upon request, advice to Government on draft legislative texts and programmes permitting a better integration of the travellers in the community. The Committee requests the Government to keep it informed of the specific activities and results achieved by the National Consultative Commission on Travellers to promote the integration of travellers into the labour market and to ensure that they are not subject to discriminatory treatment in employment and occupation on the basis of the grounds set forth in Article 1(1)(a) of the Convention.

2. Equality of treatment between men and women. Further to its observation, the Committee notes that the results achieved by the project ESPERE in the context of the European EQUAL Programme, which aimed at sensitizing and training the actors concerned with employment policy on issues of multiple discrimination based on race and sex in the labour market, would be available in November 2005. It also notes that in the context of the Equality Charter a number of ministers have programmed activities to diversify occupational and educational orientation, to promote education based on mutual respect and to sensitize educators on gender equality issues. The Committee is interested in receiving information on the results of the ESPERE project as well as on the impact of the activities carried out by the various ministries to improve women’s access to employment and vocational training.

3. Cooperation with the social partners. Further to its observation, the Committee notes the Government’s recognition in its report that the participation of women in decision-making and governing bodies of limited liability companies and public enterprises and in joint administrative committees remains very low. It notes that the Service on the Rights of Women and Equality (SDFE) has made some proposals in this regard, including that strong legal action appears to be necessary today to ensure that women are adequately represented at the highest level of decision in limited liability companies and public enterprises. The Committee requests the Government to provide information on any specific measures taken to follow up on the proposals made by the SDFE.

4. Noting that the National Inter-Occupational Agreement encourages the social partners to address any remaining stereotypes about women’s place in employment, the Committee requests the Government to provide information on the practical measures employers and trade unions have adopted in this regard as well as any other measures taken or envisaged by the Government to change existing attitudes, stereotypes and prejudices regarding women’s employment.

5. Enforcement. The Committee notes the information provided on the cases handled by the courts regarding sex discrimination, including equal pay. It requests the Government to continue to provide information on recent judicial decisions regarding the practical effect given to the provisions of Act No. 2001-1006 of 16 November 2001 to combat discrimination and which amended the Penal Code and the Labour Code, particularly respecting the burden of proof in cases of discrimination.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided in the Government’s report of October 2005.

1. In its previous observation of 2004, the Committee pursued its dialogue with the Government on the measures undertaken and the practical results achieved in eliminating discrimination on the basis of race and national extraction and in reducing inequalities that continued to exist between men and women in employment and occupation. Having noted that the existence of discrimination and inequality was now widely recognized and documented (CERD/C430/Add.4), the Committee had welcomed a number of ongoing or planned initiatives by the Government and the social partners aimed at achieving greater conformity with the provisions of the Convention. These included in particular the decision to create a high authority to combat discrimination and promote equality, the adoption of a Diversity Charter in October 2004, under which enterprises undertook to implement a policy of non-discrimination and to seek diversity in human resources management, and the adoption of a Charter on Equality of Treatment between Men and Women in March 2004.

2. The Committee notes with interest Act No. 2004-1486 of December 2004 establishing a High Authority to Combat Discrimination and Promote Equality, an independent administrative body comprising members nominated by the legislative, executive and judicial branches as well as the Social and Economic Council. It notes that the Authority can set up an advisory committee involving representatives of workers’ and employers’ organizations as well as associations and personalities working in the field of discrimination and the promotion of equality. The Authority is competent to investigate complaints relating to all forms of discrimination prohibited by law, support victims of discrimination in submitting their case, and propose solutions through mediation. Its central mission being the promotion of equality, the Authority may also undertake research and information and awareness-raising campaigns as well as training activities in this domain. The Authority may also identify and formally recognize good practices and support initiatives by private and public organizations to promote equality. The Committee hopes that the High Authority to Combat Discrimination and Promote Equality will enable practical results to be obtained rapidly in eliminating discrimination, particularly in employment, and that the Government’s next report will contain information in this regard. The Committee would also be grateful if the Government could in future provide copies of the High Authority’s annual report, and any research or other documentation produced by the Authority relevant to the application of the Convention.

Discrimination on the basis of race and national extraction

3. In its previous observation the Committee had noted that, despite an abundance of laws and administrative and advisory bodies to combat racial and ethnic discrimination, and a better understanding of the problems, discrimination persisted and was even worsening. Cases of discrimination were rarely acted upon by the courts due to lack of evidence and because victims, whose background was largely non-European immigration, were having great difficulty in asserting their rights. The Committee had noted that children and grandchildren of immigrants who arrived in France after the Second World War were having great difficulty in finding jobs although they had grown up in France, having generally become naturalized French, and have been through the French school system. The most serious difficulties were encountered during the hiring stage, in which applicants with names of Maghreb or African origin stood little chance of being interviewed. Unemployment among young graduates of immigrant background was purported to be four to five times higher than among other graduates. The Committee had requested the Government to indicate the measures taken to put an end to discrimination in hiring and to promote the access of these young graduates to employment and training. It also hoped that the new High Authority would be able to act effectively to help the victims of discrimination in employment to assert their rights.

4. The Committee notes that a recent report commissioned by the Ministry of Labour, Social Cohesion and Housing in September 2005 confirms that ethnic origin continues to be an obstacle at the recruitment stage, regardless of the level of education or qualifications of the job applicant. The report indicates that the progress made with regard to ethnic and racial discrimination and the promotion of equal opportunities has been particularly slow and there is a need to move from good intentions towards active measures to combat discrimination and promote equality. To this end, the report proposes a number of measures to develop awareness-raising and sensitization tools, to train the relevant actors involved, to measure staff diversity in order to permit better knowledge of the staff employed in enterprises, and to reform the recruitment procedures and human resources management.

5. The Committee notes with interest that the number of enterprises that have signed the Diversity Charter of 2004 has increased from 40 to 170. It notes that the Government actively supports the dissemination of the Charter and the implementation of tools and procedures assisting the economic actors involved to carry out their diversity action plans. In addition, the Committee notes that various other measures are being taken to promote diversity and equality at the enterprise level particularly with respect to ethnic origin, including the initiatives under the European programme EQUAL, which involved the participation of the Directorate on Population and Migration and the Action and Support Fund for Immigration and the Fight Against Discrimination.

6. The Committee is aware of the recent events in the country giving rise to renewed debate on the urgency to address social exclusion and ethnic and racial discrimination against the immigrant population in France and to take special measures to promote their integration in the labour market. The Committee hopes that the Government will be able to demonstrate in its next report significant progress in the achievement of practical results under the various measures noted above. It encourages the Government to continue to take active and effective measures to change human resources and recruitment practices, to ensure greater equality of opportunities in employment and occupation, to promote diversity in the labour market and to promote respect and tolerance amongst the different communities living and working in France. The Committee stresses the interest of associating workers and their representatives in the definition, implementation and evaluation of these measures, and would appreciate receiving information on this subject. Given the specific role of the High Authority in awareness raising, sensitization and training on equality issues, the Committee also hopes that the Authority will undertake the necessary action in this area, particularly for the courts, employers, trade unions and associations, so that the legislative provisions prohibiting discrimination in employment, particularly on grounds of race or national extraction, are better known and observed, and breach of them more effectively penalized.

Equality between men and women

7. The Committee recalls its previous observation in which it had requested the Government to provide information on the practical results obtained in reducing inequalities between men and women in employment, in particular addressing occupational segregation, precarious employment and women’s access to continuous training. The Committee notes the information submitted by the Government in 2005 on the implementation of the National Charter on Equality between Men and Women, in particular the creation of an Equality Label and a Good Practice Guide to assist enterprises and the administration to promote equality and diversity in employment and occupation. It also notes with interest the framework agreement between the National Employment Agency (ANPE) and the Service for the Rights of Women and Equality (SDFE) of January 2005 to promote the access of women to the labour market, especially in sectors in which they are under-represented. The Committee asks the Government to provide information, including up-to-date statistics disaggregated by sex, as to the extent to which these initiatives have increased women’s participation in vocational training and in non-precarious employment as well as in occupations in which they are under-represented, including posts of responsibility.

8. The Committee recalls the key role collective agreements can play in promoting equality and the importance of women participating in the negotiating process as this can have an impact on the contents of such agreements. It notes the Government’s acknowledgement in its report that a more balanced representation of men and women in bodies representing staff, joint committees and industrial relations boards is required. The Committee notes with interest that draft legislation on equal remuneration between men and women (Senate No. 139, 12 July 2005) includes provisions aimed at increasing the percentage of female representatives in the governing bodies of public enterprises and in existing vocational training mechanisms. It also notes with interest the adoption of the National Inter-Occupational Agreement of 2004 on Diversity and Professional Equality between Men and Women, confirming the responsibility of the social partners to promote equality in vocational training and guidance, recruitment, promotion and upward mobility, and to take measures to combat stereotypes and prejudices affecting women’s employment. Noting that the Inter-Occupational Agreement provides a framework for future negotiations within industrial sectors or enterprises, the Committee requests the Government to indicate how, in practice, the objectives of the Agreement are incorporated into subsequent collective agreements at the branch and enterprise levels and whether the measures taken are proving to be successful at further reducing inequalities between men and women. The Committee further hopes that the proposed legislation and the Agreement will contribute to the increased participation of women in social dialogue and asks the Government to indicate what other practical measures workers’ and employer’s organizations as well as Government are adopting in this regard.

Discrimination on religious grounds

9. The Committee recalls the Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004 banning the wearing, in public schools, of any conspicuous religious signs or apparel under penalty of disciplinary measures including expulsion. The Committee notes that for the school year 2003-04 initially about 600 pupils resisted complying with the Act, which after consultations held with parents and pupils, was reduced to about 100 pupils. It notes that, at the beginning of the school year 2004-05, a similar number of procedures were initiated before the disciplinary councils and that 47 definitive expulsions were pronounced. Against these, 39 appeals were filed to the rectors, who upheld the councils’ decisions. Twenty-eight pupils requested the annulment of the rectors’ decisions through the courts, which rejected 26 of these requests for annulment. While the Committee had noted in its previous observation that expulsion was applied only after extensive dialogue with the pupil and his or her parents, it nevertheless feared that in practice the Act might end up keeping some children, particularly girls, away from public schools for reasons associated with their religious convictions. This could diminish in future their capacity to find employment, contrary to the Convention. In order to assess whether Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004 is not diminishing the capacity of girls to find employment in future, contrary to the Convention, the Committee asks the Government to provide information on: (1) any judicial and administrative decisions with respect to the application of the abovementioned legislation; (2) the respective number of girls and boys that have been definitively expelled on the basis of the Act; and (3) the measures taken to ensure that the pupils who have been expelled nonetheless have proper opportunity to acquire education and training.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Travellers

The Committee notes that the Government’s last report contains no information replying to its previous direct request concerning the application in practice of Act No. 2000-614 of 5 July 2000 on measures to integrate travellers. It hopes that the next report will contain the information requested, together with any existing studies or evaluations of the employment and work situation of travellers.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. In its observation and direct request of 2002, the Committee noted numerous Government initiatives to combat discrimination and promote equality of opportunity and treatment on the basis of the criteria set in the Convention. In particular, it noted with interest Act No. 2001-1066 of 16 November 2001 to combat discrimination, which amended the Penal Code and the Labour Code by extending the discrimination criteria and the areas in which discrimination is prohibited, by introducing into French law the notion of indirect discrimination, by shifting the burden of proof to the advantage of employees subjected to discrimination and by allowing complaints to be handled by trade unions and associations. The Committee requested the Government to provide information on the practical follow-up to these measures and on any evaluation of their impact and any difficulties encountered.

2. The Committee notes with interest that a decision has been taken to implement the recommendation made by the High Council for Integration in 1998 and taken up in 2003 by the Discussion Group on the Application of the Principle of Secularism in the Republic (see paragraphs 11 and 12 below), to establish an independent high authority to combat discrimination and promote equality. Such a body would be responsible for all forms of discrimination and have the authority to bring about changes in practices and behaviour. It would play a triple role: processing complaints and supporting the victims of discrimination; information and advocacy; and increasing and disseminating knowledge. Noting that such an authority was to be established in 2005, the Committee hopes that the next report will contain information on the work it has done in the area of employment and on the results it has achieved.

Discrimination on grounds of race and national extraction

3. The Committee noted in its previous observation that the measures taken so far appeared not to have eliminated or reduced discrimination in employment based on race and national extraction, and requested the Government to provide information on any studies or evaluations undertaken to determine the extent and nature of such discrimination, and on all new measures taken to facilitate integration of the persons affected. The Committee notes from the reports of the various bodies that have addressed this matter since 1998, including the report of the mission to advise the Government on the creation of the new authority to combat discrimination, that the results obtained by the machinery set up to combat discrimination are "mixed". Despite an abundance of laws and administrative or advisory bodies and although the problems are now better understood, practical results are disappointing: discrimination persists and has even worsened; acts of discrimination are seldom punished and their victims, whose background is largely non-European immigration, are having ever greater difficulty in asserting their rights. While the number of complaints filed for discrimination has increased significantly in recent years, owing in particular to the opening of a free helpline for victims, they are rarely acted on by the courts due to lack of evidence and there are still few convictions (29 in 2002).

4. The Committee hopes that the creation of the high authority to combat discrimination and promote equality will enable practical results to be obtained rapidly in eliminating discrimination, particularly in employment. It hopes in particular that the future authority will be able to act effectively to help the victims of discrimination in employment to assert their rights and that the next report will contain information on activities undertaken in this area. It also hopes that the necessary awareness raising and training will be undertaken, particularly for the courts, employers, trade unions and associations, so that the legislative provisions prohibiting discrimination in employment, particularly on grounds of race or national extraction, are better known and observed, and breach of them more effectively penalized. It requests the Government to provide information in its next report on the practical effect given to the new provisions of Act No. 2001-1006 respecting the burden of proof in cases of discrimination.

5. The Committee notes that the existence of discrimination and inequality is now widely recognized and documented. According to the report submitted by the Government in May 2004 on the application of the Convention on the Elimination of All Forms of Racial Discrimination (CERD/C430/Add.4), the children and grandchildren of immigrants who arrived in France after the Second World War have been having great difficulty in finding jobs although they have grown up in France, have generally become naturalized French, have been through the French school system and are, for the most part, considerably better educated than their parents. The most serious difficulties are encountered at the hiring stage, in which applicants with names of Maghreb and African origin stand little chance of being interviewed. Unemployment among young graduates of immigrant backgrounds is purported to be four to five times higher than among other graduates. The Committee requests the Government to indicate in its next report the measures that it has taken or plans to take, in conjunction with employers’ organizations and trade unions, to put an end to discrimination in hiring and to promote the access of these young people to employment and training.

6. The Committee notes with interest in this connection that 40 or so enterprises signed a Diversity Charter in October 2004 in which they undertake to implement a policy of non-discrimination and to seek diversity at all stages of human resource management - hiring, training, career advancement and promotion - to make their management and their staff aware of this undertaking, to place this policy on the agenda of staff representatives and to report yearly on measures taken and on results. The Committee hopes that the next report will contain information on the results obtained by this initiative and on any measures taken to publicize and encourage similar initiatives to change human resource management practices in enterprises with a view to securing greater equality of opportunity. The Committee stresses the interest of associating workers and their representatives in the definition, implementation and evaluation of these new practices, and would appreciate receiving information on this subject.

Equality between men and women

7. The Committee recalls that although there has been significant progress in the last 20 years as regards women’s status in the world of work, major inequalities remain. According to a report by a working party of the Higher Council on Equality at Work, sent by the Government with its last report, women now account for nearly 50 per cent of the economically active population and hold more skilled jobs. However, they are still concentrated in a limited number of occupations in the tertiary sector. Fewer women than men receive continuous training. On average, women earn 25 per cent less than men, and are more often unemployed and in precarious employment.

8. The Committee notes from the information sent as reply to its previous comments, that the Government plans to adopt a new policy on equality at work and wage parity between men and women and that cooperation is under way with the social partners to agree on coherent, pragmatic and resolute action in pursuit of equality at work. It notes that in March 2004, a Charter was adopted on equality between men and women setting out a series of measures and commitments spanning a period of three years and based on a fivefold approach to achieving progress which includes equality in employment and work/life balance with a view to a new distribution of social roles between men and women. The Committee hopes that the next report will contain information on specific measures taken under the Charter in these two areas and on the practical results obtained in reducing inequalities in employment.

9. The Committee notes that, according to numerous studies and surveys, the continuing wage differential between men and women is due to the fact that women’s skills rank lower in the wage scales of collective agreements, and to inequalities in men’s and women’s careers which grow as their careers advance owing to a system of promotion and bonuses that is more advantageous to men. The Committee notes that the abovementioned Higher Council’s working party on women’s place in social dialogue has acknowledged that women’s participation in the negotiating process has some impact on the content of agreements, particularly with regard to working hours, equality in employment and work/life balance, and that better representation of women in bargaining could lead to a change in classifications that might reduce wage differentials and improve women’s access to vocational training. The Committee hopes that the next report will indicate the measures taken or envisaged by the Government and the social partners to secure greater participation by women in social dialogue, and particularly their representation on negotiating bodies and in the leadership of employers’ and workers’ organizations.

10. The Committee notes that the current discussions and work on promoting equality between men and women devote considerable attention to the matter of "work/life balance" or "family/professional life". It notes that the Government has ratified Convention No. 156 and requests it to indicate in its next report the measures taken or envisaged to combat any remaining stereotypes about women’s place in employment.

Discrimination on religious grounds

11. The Committee notes that Act No. 65 of 17 March 2004 and its implementing circular of 18 May 2004 ban the wearing, in public schools, of any conspicuous religious signs or apparel under penalty of disciplinary measures including expulsion. According to the preamble to the abovementioned circular, the Act is intended to ensure observance of the constitutionally guaranteed principle of secularism, which is based on respect for freedom of conscience and the State’s neutrality vis-à-vis religion. It is designed to allow schools to accomplish their duty of instilling the values of the Republic including equality and human dignity, equality between men and women and the freedom of every individual, including to choice of lifestyle, and to teach pupils to live together and respect the differences of others. By protecting pupils from pressure that might arise from ostensive signs of religious affiliation, the Act guarantees freedom of conscience for all.

12. The Committee notes that the Act was passed following a protracted public debate, at the request of school principals anxious to preserve neutrality and calm in their establishments; that expulsion is applied only after extensive dialogue with the pupil and his/her parents; and that the Act will be assessed one year after its entry into force. While appreciating the reasons for the Act, the Committee fears that it may in practice end up keeping some children, particularly girls, away from public schools for reasons associated with their religious convictions, and thus may diminish their capacity to find employment, contrary to the Convention. The Committee requests the Government to provide information in its next report on the assessment of the application of the Act. Please indicate in particular the number of pupils expelled from public schools and the measures taken to ensure that they nonetheless have proper opportunity to acquire education and training.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report and the attached information.

1. With reference to its observation, in which it notes the numerous legislative amendments which have been made, the Committee requests the Government to provide information with its next report on the actions taken by employers’ and workers’ organizations to promote the principle of equality of opportunity and treatment in employment and occupation, with particular reference to the protection of victims of discrimination, including the right for trade unions to lodge complaints on behalf of victims relating to violations of the prohibition of discrimination under section L.122-45-1 of the Labour Code. Noting that under section L.611-1 of the Labour Code the labour inspectorate is responsible for ensuring the application of the legislation against discrimination at the workplace, and having noted that employers are obliged to keep detailed records of the equality status in the enterprise in accordance with Act No. 2001-397 on occupational equality between men and women, the Committee requests the Government to provide information on the main issues raised in such reports by employers, including any studies summarizing the reports, as well as extracts from the reports of the labour inspection services on violations of the prohibition of discrimination in employment and occupation.

2. With regard to the continuing occupational segregation of men and women workers, the Committee notes the Government’s statement that 60 per cent of women in the labour force are employed in six of the 35 occupational groups classified in the country. With respect to changing attitudes in terms of choice of occupation, it notes that an agreement was signed on 25 February 2000 between different ministries respecting the promotion of equal opportunities for girls and boys in the education system. The Committee further notes that a study is being carried out on the role of girls in computer sciences, electronics and textile/clothing and that the objective for the year 2000 for 35 per cent of girls to benefit from training contracts in the high technology sector. It also notes the statement that in accordance with section L.123-4-1 of the Labour Code entitling women workers with low levels of qualification to enter higher paid employment, 2,500 contracts have been concluded for mixed employment and affirmative action in support of women entering male-dominated posts. The Committee also notes the National Action Plan for Employment (PNAE), 2000, to improve occupational integration, develop the awareness of equality in employment and occupation in enterprises, strengthen the capacity of enterprises to adapt and improve policies on equal opportunities. The Committee requests the Government to continue to provide information on any action taken or envisaged to encourage girls and women to enter male-dominated occupations.

3. The Committee also notes other initiatives taken by the Government since 2000, in accordance with its expressed intention of making equality of opportunity and treatment for men and women one of the main components in its policy. It notes that in 2001 the Higher Council for Occupational Equality established a working group to examine how the wage gap could be reduced and another working group in 2001 to examine the concept of a "tool-box" for employers so that they can implement equal opportunities by being more aware of equality issues during negotiations. The Committee requests the Government to provide copies of the conclusions of these working groups and reiterates its earlier request to the Government to provide copies of the reports adopted by the working groups established in 1999 by the Higher Council for Occupational Equality, one in the context of the parliamentary mission on occupational inequality between women and men, another examining the role of women in social dialogue and another examining the relation between working time and social life. In this respect, the Committee requests the Government to provide detailed information with its next report on the impact of the various measures adopted to improve the implementation in practice of the principle of equality of opportunity and treatment in employment and occupation, and particularly by impact in terms of improving the situation of women in the labour market and in the workplace.

4. While acknowledging the information provided by the Government in its report, the Committee notes that the report does not reply to all the questions raised by the Committee in its previous comments. It therefore requests the Government to provide with its next report a copy of the study undertaken by Mrs. Jacqueline Victor at the request of the Minister of Employment and Solidarity to analyse the contribution of the 35-hour week to decreasing inequalities between men and women. In this respect, the Committee notes the Government’s statement that the work of the Higher Council for Occupational Equality’s working group on working time arrangements and occupational equality has resulted in issues relating to equal opportunities between men and women being taken into account in the Act on the reduction of working time. However, having noted that Decree No. 2002-1257 of 15 October 2002 increases the permitted number of overtime hours, the Committee requests the Government to provide information with its next report on the actual working time arrangements applicable to men and women workers and the manner in which they are intended to reduce inequalities between men and women workers in employment and occupation.

5. The Committee also notes the adoption on 5 July 2000 of Act No. 2000-614 on measures for the integration of travellers. It notes that, under the Act, each department in France has to create permanent sites for travellers with opportunities for the schooling of their children, access to healthcare and opportunities to participate in economic life, i.e. employment opportunities. The Committee further notes that each department is required to create a consultative commission composed of representatives of the communes, the travellers and the associations concerned. It notes that these consultative commissions are required to prepare an annual evaluation. The Committee requests the Government to provide information with its next report information on the application of these initiatives and the results obtained in the integration of travellers and the Roma in employment and occupation.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report of 2001 and the information supplied in reply to its previous direct request. It also notes the comments of the French Democratic Confederation of Labour (CFDT) submitted to the Office in December 2001 by the Government.

1. The Committee notes with interest the numerous initiatives that the Government is continuing to take to combat discrimination and to promote equality of opportunity and treatment in employment and occupation between men and women. It particularly notes with interest that Act No. 2001-1066 of 16 November 2001 to Combat Discrimination, which amends section L.122-45 of the Labour Code, introduces the prohibition of both direct and indirect discrimination in employment and occupation and adds the following new prohibited grounds of discrimination: "sexual orientation, age, physical appearance or family name". The Committee notes that section 4(III) of Act No. 2002-303 of 4 March 2002 respecting the rights of the sick and the quality of the health system also amends section L.122-45 of the Labour Code by inserting "genetic characteristics" as a new prohibited ground for discrimination. Section 1 of Act No. 2001-1066 mentioned above also amends section L.122-45 of the Labour Code and places the burden of proof in discrimination cases on the employer to prove that there has been no breach of the principle of non-discrimination in employment and occupation once the worker has made a prima facie showing of discrimination. The Committee also notes new sections L.122-45-1 and L.122-45-2 of the Labour Code which introduce the possibility for trade unions to submit complaints relating to discrimination on behalf of alleged victims.

2. The Committee notes that section 11 of Act No. 2001-1066 of 16 November 2001 to Combat Discrimination also amends section 6 of Act No. 83-634 of 13 July 1983 regulating the rights and obligations of civil servants, stating that the following prohibited grounds of discrimination are applicable to civil servants: "political, trade union, philosophical or religious opinion, origin, sexual orientation, age, family name, state of health, physical appearance, disability or membership or non-membership, real or supposed of an ethnic group of race". It also notes the amendment to prohibit retaliation against a civil servant for having lodged a complaint, or for having acted as a witness to or reported discriminatory acts.

3. Sexual harassment. The Committee notes with interest section 8 of Act No. 2001-397 of 9 May 2001 on occupational equality between men and women, which amends section L.122-46 of the Labour Code by broadening the scope of the prohibition of sexual harassment to protect applicants for jobs and training and to cover harassment not only in cases of dismissal, but also in relation to remuneration, training, reclassification, assignment, qualification, classification, promotion, transfer or contract renewal. The Committee also notes that section L.122-46 of the Labour Code defines sexual harassment as an act by a person intended to obtain favours of a sexual nature for herself/himself or for a third person. Disciplinary measures may be taken against a worker who is found to have committed harassment and employers are obliged to take all the necessary measures to prevent the occurrence of harassment in the workplace. The Committee further understands that section 179 of Act No. 2002-73 of 17 January 2002 respecting social modernization amends Act No. 83-634 of 13 July 1983 regulating the rights and obligations of civil servants, prohibits sexual harassment in the public sector and defines harassment as an act by a person intended to obtain favours of a sexual nature for her or his own advantage or for the advantage of a third person. While the Committee welcomes the strengthening of measures against sexual harassment, it notes the limited definition of sexual harassment and in this respect refers the Government to its General Observation on the Convention.

4. The Committee notes with interest that Act No. 2001-397 on occupational equality between men and women introduces the obligation to negotiate occupational equality issues every third year at the branch level and every second year at the enterprise level. Enterprises with more than 50 employees must make a detailed report on the general situation relating to equality between men and women and, in accordance with Decree No. 2001-832 issued under section 1 of the abovementioned Act of 12 September 2001, the report shall include statistical data disaggregated by sex on employment conditions, remuneration and training. The Act also repeals the prohibition of night work for women and promotes equal representation of men and women workers in professional elections and the elections of prud’hommes.

5. With respect to the role of women in social dialogue, the Committee notes the comments submitted by the French Democratic Confederation of Labour (CFDT) that the process of reflection initialized by the debate on the role of women in social dialogue by the Higher Council for Occupational Equality and the adoption of Act No. 2001-397 on occupational equality between men and women form a good starting point, but that the views of the social partners must be taken into account in order to ensure that women enjoy their full rights at all the different levels in social dialogue. The CFDT also emphasizes that re-entering the labour market must guarantee equal opportunities for men and women at all levels. In this respect, the Committee requests the Government to provide information with its next report on the measures taken to ensure the full participation of women in social dialogue.

6. In relation to all the legislative measures mentioned above, the Committee requests the Government to continue to provide detailed information on the effect given in practice to these measures, including copies of reports and studies evaluating the impact of the measures taken, and information on any problems encountered in their application, including any relevant rulings of judicial bodies. It also requests the Government to continue to provide full information on any further initiatives taken, including the adoption of legislation, to improve the situation with regard to equality of opportunity and treatment in employment and occupation for men and women workers and to prevent discrimination on the grounds set out in the Convention.

7. Discrimination on grounds of race and national extraction. The Committee notes that section 9 of Act No. 2001-1066 of 16 November 2001 to Combat Discrimination establishes a free telephone line for workers and other persons claiming to have been victims of racial discrimination. Recalling from its previous request that the measures adopted to combat discrimination do not appear to have succeeded in eliminating or reducing acts of discrimination, particularly in access to employment and training, the Committee notes the statement with respect to the integration of immigrants into the French society during the discussions respecting the adoption of Act No. 2000-1066 to Combat Discrimination that first and second generations of immigrants still have not been fully integrated and that a new approach to combating discrimination and promoting integration must be adopted. The Committee requests the Government to provide information with its next report on any analysis or assessment it has undertaken to determine the extent and nature of discrimination based on race, national extraction, colour or religion in employment and occupation, the measures adopted or envisaged under this new approach to combat racial discrimination, promote the principle of non-discrimination in employment and occupation and facilitate the integration of first and second generation immigrants into employment and occupation.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the legislative texts attached.

1.  The Committee notes with interest the many initiatives taken by the Government since 1999, in accordance with its intention of making equality of opportunity between men and women one of the main components of its policy. It notes in this respect: (1) the report by Mrs. B. Majnoni d’Intignano on the economic aspects of differences between the sexes, which was prepared at the Government’s request; (2) the parliamentary mission on occupational inequality between women and men, entrusted to Mrs. Génisson, Member of Parliament; (3) the analytical work of the working group set up by the Higher Council for Occupational Equality on the various factors in professional life which may have an impact on equality, such as working time arrangements, the access of women to further training, etc.; (4) measures relating to the recruitment and promotion of women in the public service, following the report by Mrs. Colmou in February 1999; (5) the Bill respecting occupational equality between men and women, adopted at its first reading by the National Assembly on 7 March 2000 (see the comment under Convention No. 100); and (6) the National Action Plan for Employment (PNAE) of 1999, incorporating government action on equality between men and women into initial training, access to employment and the situation of women within the enterprise. Recalling the budgetary and administrative difficulties related to contracts for mixed employment and affirmative action in support of women entering male-dominated posts, pursuant to Labour Code L.123-4-1, the Committee requests the Government to provide information on the progress achieved in the conclusion of these types of contracts. The Committee notes these recent initiatives with interest and requests the Government to provide information on their follow-up and impact in terms of improving the situation of women on the labour market and in the workplace in both law and practice.

2.  The Committee also notes the statement made by Mrs. Nicol Pery, Secretary of State for Women’s Rights and Vocational Training, in her press conference on 23 June 1999, entitled "The Government will: An active equality policy, 25 actions". The Committee notes with interest that the Secretary of State reaffirmed the Government’s intention to implement an active policy of equality and the promotion of women’s rights, beginning with parity in political life, and put into practice through the 28 June 1999 revision of the Constitution, which enshrined the principle of equality of access for women and men to electoral mandates and elected office (articles 3 and 4 of the Constitution).

3.  With reference to its previous direct request, the Committee requests the Government to provide information on the effect given to the proposals made by the working group set up by the Higher Council for Occupational Equality, particularly with regard to working time arrangements and occupational equality (group No. 2, report on "The diversification of working time, professional careers and occupational equality"), as well as the call for innovative projects for the professional development of women in the enterprise (group No. 3, "What action for occupational equality, enterprises and establishments?"). The Committee would be grateful if the Government would continue providing copies of the reports prepared by the working group set up by the Higher Council for Occupational Equality.

4.  Discrimination on grounds of national extraction.  The Committee notes that the latest annual survey of the National Consultative Commission on Human Rights (CNCDH) on racism reveals a rise in racism in France. The Committee also notes with interest, from the Government’s supplementary report, the various measures taken by the Government to combat racial discrimination in general, and particularly in the field of labour. It also notes from the concluding observations of the Committee on the Elimination of Racial Discrimination at its Fifty-sixth Session (CERD/C/56/Misc.20/Rev.4), the various measures taken by the French Government to combat racial discrimination, including the establishment of commissions on access to citizenship (CODAC) and the Study Group on Discrimination (GED), which is an observation body responsible for analysing manifestations of racism and making proposals for action by the Government. The Committee also notes that the National Consultative Commission on Human Rights is examining in particular the measures and means of strengthening the combat against discrimination, particularly in the field of employment, since the measures which have been taken do not appear to have succeeded in eliminating, or slowing down, acts of discrimination affecting various aspects of life, and particularly access to employment and training. The Committee would be grateful to be kept informed of the results of the activities undertaken by the commissions on access to citizenship (CODAC), and on the measures which have been taken or are envisaged by the Government to give effect to the recommendations of the observation bodies which have been established and the CNCDH, including, for example, changes in the burden of proof of acts of discrimination, so that it no longer lies solely on the victim, or the strengthening of sanctions against any employer found guilty of discrimination on grounds of national extraction, colour or race.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report, the numerous appendices attached to it and its response to one of the Committee's previous requests for information relating to the measures taken with a view to eliminating discrimination based on state of health, in particular HIV/AIDS. It also notes the comments made by the French Democratic Confederation of Labour (CFDT).

1. Discrimination based on sex. The Committee notes the satisfaction expressed by the CFDT regarding the work of the Higher Council for Occupational Equality between Men and Women in which it states that it has played a large part. The Committee also notes with interest the final reports of the three working groups set up by the Higher Council for Occupational Equality between Men and Women forwarded by the Government. As regards the recommendations in the report of Group No. 1 on "the comparative situation of men and women in respect of remuneration", the Committee refers to its comments under Convention No. 100. The Committee notes the observation made by Group No. 2 in its report on "the diversification of working hours, professional careers and occupational equality", according to which the diversification of working hours destroys the principle of occupational equality, since the majority of women are employed on the basis of fixed-term contracts or work part time, and benefit less from further vocational training than do men. The Committee also observes that the work underlines the fact that, in the current context of crisis and underemployment, the discussions and negotiations in enterprises on flexible working hours appear to be handled more from the point of view of employment than from the principle of occupational equality. Since the Government has indicated that the proposals made by the Group would be placed in perspective thanks to the negotiations in progress on working hours, the Committee requests the Government to keep it informed of the follow-up action taken in relation to these proposals by the social partners and also on the progress made in the workshop established by Group No. 2 with a view to devising a range of innovative activities for the adjustment of working hours and occupational equality. In addition, the Committee would be grateful if the Government would provide information on the response to the call for innovative projects on the occupational development of women in enterprises, which was one of the main recommendations appearing in the report of Group No. 3 entitled "Activities for occupational equality in enterprises and establishments". Lastly, the Committee hopes to receive copies of the final reports of the three new working groups established by the Higher Council for Occupational Equality between Men and Women relating to "the professional integration of young women", "the adjustment of working hours and occupational equality" and "access for women to further training and effects on their careers", respectively.

2. As regards contracts for mixed employment and affirmative action in support of women, the Committee observes that, according to the report containing the figures for these contracts for 1995, this method is severely constrained by a number of factors. It notes in particular that, although some of the constraints are economic (the difficult economic and financial situation of many enterprises), others are directly attributable to the inflexibility of budgetary conditions, be it a matter of the irregular frequency of the distribution of funds allocated for this purpose, or of the amounts allocated which sometimes are not commensurate with needs; it also appears that the malfunctioning in the adjustment between the offer of assistance by the State and the scale of demand on the part of enterprises discredits the activities of regional delegates and representatives for women's rights and ends up turning enterprises away from the measures planned. The Committee therefore requests the Government to indicate the measures taken or envisaged to facilitate and increase the number of contracts for mixed employment, in particular as regards the increased flexibility of the deadlines imposed on having state funding available, as suggested by the study in question. In addition, the Committee requests the Government to continue to provide information on the signing of plans and framework agreements on occupational equality.

3. The Committee notes the decisions taken by the courts following the court cases brought for sexual harassment and requests the Government to continue to provide information on the implementation -- both in the private and public sectors -- of Act No. 92-1179 of 2 November 1992 on the abuse of authority in employment relations between the sexes, and in particular on the awareness raising and information activities conducted with a view to preventing sexual harassment. In this regard, the Committee reiterates its desire to have a copy of the information brochure on sexual harassment jointly prepared by the Ministry of Labour and the State Secretariat responsible for women's rights.

4. The Committee observes that the Government has omitted to provide information on the practical application of the Convention in relation to two points raised in its previous comments. It is therefore obliged to reiterate part of its previous direct request which read as follows:

The Committee requests the Government to supply full particulars with its next report on:

(a) any legislative or administrative measures and any national practice affecting the employment or occupational activity of persons who are legitimately suspected of engaging in an activity which is prejudicial to the security of the State, or in respect of whom it has been established that they are in fact so engaged, and to provide details of the means of appeal available to such persons, in accordance with Article 4 of the Convention; and

(b) the measures taken, in particular as regards vocational training and access to employment, to secure better integration into the labour market for the population of foreign extraction (particularly second generation immigrants) holding French nationality.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Further to its previous comments, the Committee notes the Government's reports and the attached documentation.

1. In reply to its previous comments concerning the effect given in practice to Act No. 92-1179 of 2 November 1992 respecting the abuse of authority in relation to sexual harassment in work relations, the Committee notes with interest the various measures taken to facilitate and encourage the application of the Act both in the public service and the private sector, and particularly Circular No. 93-88 of 1 December 1993 of the Ministry of the Public Service and Circular No. 93/3 of 11 February 1993 of the Ministry of Labour, Employment and Vocational Training. The Committee also notes that an information brochure on sexual harassment intended for a broad public has been prepared by the Ministry of Labour and the Secretariat of State responsible for women's rights. The Committee also notes the decisions of courts in legal actions for sexual harassment. The Committee would be grateful to be provided with a copy of the brochure and the text of the decisions referred to above, which were mentioned as being attached to the report, but which have not been received by the ILO. The Committee would be grateful if the Government would continue to supply information in future reports on the implementation of laws and regulations, circulars and other administrative measures, as well as on decisions taken as a result of hierarchical recourse measures, action taken under penal jurisdictions and disputes brought before administrative judges, and if the Government would transmit the text of certain of these decisions which cover matters of principle relating to the application of the Convention.

2. With regard to discrimination on the grounds of state of health, the Committee notes with interest that measures have been taken to supplement and implement protective legislative provisions for workers who are HIV positive or infected by AIDS, and particularly Circulars Nos. 93/10 of 15 March 1993 and 93/11 of 17 March 1993, as well as an information brochure on "AIDS and Work" prepared by the Higher Council for the Prevention of Occupational Risks. The Committee also notes that decisions have been issued by the courts concerning discrimination in respect of persons infected with AIDS. The Committee requests to the Government to provide copies of these circulars, decisions and the brochure, which were described as being attached to the report, but which have not been received by the ILO. It also requests the Government to provide information in future reports on the measures that have been taken or are envisaged to intensify and extend specific awareness-raising and education campaigns for workers and employers on HIV/AIDS and the workplace and its consequences on the rights and obligations of workers and employers. Please also provide information on the activities of the labour inspectorate in this respect.

3. With regard to occupational equality between men and women, the Committee notes the measures taken in the context of the activities of the Department of Further Vocational Training to facilitate the access of women to vocational training, for example, by including the promotion of occupational equality among the priority criteria for the attribution of assistance to enterprises in the field of vocational training and by according special attention to the particular difficulties encountered by women where they account for a large proportion of the categories of employment affected by technical, economic and social developments. The Committee also notes with interest the interim reports (February 1995) of the three working groups of the Higher Council for Occupation Equality between Men and Women on respectively "the comparative situation of men and women in respect of remuneration" (Group No. 1); "the diversification of working time, professional itineraries and occupational equality" (Group No. 2); and "action for occupational equality in professional branches, enterprises and establishments" (Group No. 3). It hopes that it will be provided with a copy of the final reports of the three working groups, as well as information on the measures that have been taken or are envisaged to implement their conclusions and recommendations, and the results obtained.

4. With reference to the Act of 16 July 1992 to introduce contracts for mixed employment (this contract between an enterprise and the public services concerned provides subsidies for measures to accompany the recruitment, transfer or promotion of a women to an occupation or qualification in which few women are represented in the enterprise), the Committee notes, according to the figures concerning contracts for mixed employment for the years 1994 and 1995, which are attached to the report, that the numbers of such contracts are in steep decline. The number of contracts concluded fell from 119 in 1993 to 85 in 1994 and 50 in 1995, while the number of enterprises parties to such contracts fell from 39 to 36 and then to 12 for the same years. However, according to the same figures, there are a number of encouraging aspects, namely: two regions have concluded their first contracts for mixed employment; regions which have experience of these contracts are continuing their action, even if such measures are in decline; the distribution of mixed contracts continues to broaden in terms of greater occupational diversification for women, including access to certain "higher" professions that are still very male-oriented. The Committee asks the Government to provide information on the measures that are taken or envisaged to encourage and facilitate the conclusion of contracts for mixed employment and to increase their number, as well as on the results achieved. The Committee also requests the Government to provide recent information on developments in the situation with regard to the effect given in practice to the Act of 13 July 1983 respecting occupational equality between men and women, supplemented by the Decree of 30 January 1984 and the Circular of 11 August 1984, which encourage enterprises to formulate a "plan for occupational equality", the approval of which gives rise to a contract between the enterprise and the public services and to subsidies.

5. While appreciating the reply to point 4(a) of its previous direct request concerning the prohibition from referring to sex in job offers, the Committee notes that the Government has omitted to reply to the other matters raised under point 4, which have been reiterated on many occasions in its previous comments. The Committee therefore urges the Government to supply full particulars with its next report on:

(a) any legislative or administrative measures and any national practice affecting the employment or occupational activity of persons who are legitimately suspected of engaging in an activity which is prejudicial to the security of the State, or in respect of whom it has been established that they are in fact so engaged, and to provide details of the means of appeal available to such persons, in accordance with Article 4 of the Convention; and

(b) the measures, taken in particular as regards vocational training and access to employment, to secure a better integration into the labour market of foreign extraction (particularly second generation immigrants) holding French nationality.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the adoption of Act No. 92-1179 of 2 November 1992 concerning abuse of authority and sexual harassment in work relations. It notes in particular that this Act prohibits all discrimination at the time of recruitment and in the execution or termination of the employment contract against employees who have been subjected to or witnessed sexual harassment and that trade unions may take legal action on their behalf if they give their written consent. It asks the Government to provide information on how the Act is applied in practice, such as copies of circulars and directives setting out the methods and procedures for application, and statistics on breaches of the Act recorded by the inspection services and other competent bodies and the measures taken to remedy them, including any legal action brought by trade unions or directly by victims of sexual harassment and the texts of any relevant court decisions.

2. The Committee notes that section 27 of Act No. 92-1446 of 31 December 1992 respecting employment, the development of part-time work and unemployment insurance has amended section L.122-45 of the Labour Code which prohibits dismissal based on discrimination in particular on grounds of health, and that, under section 416.3 of the Penal Code, a refusal to recruit based on discriminatory reasons is punishable by a fine and imprisonment. Noting that section 27 of the above-mentioned Act includes health among the grounds of proscribed discrimination, as envisaged by Article 1, paragraph 1(b), of the Convention, the Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to ensure that, in practice, the provisions of section 27 are observed with regard to people who are HIV positive or suffering from AIDS.

In this connection, please provide with the next report:

(a) the texts of any circulars issued under this Act, collective agreements and practical directives in the form of brochures or charters that have been adopted to prohibit discrimination based on HIV/AIDS at the time of recruitment or in the course of employment, and to educate and inform workers;

(b) information on special campaigns for education and awareness-raising among the public, employers, workers (organized, for example, by the National Agency for AIDS Control as part of its plan of action), and for the bodies which supervise the national legislation, including labour inspectors, to prevent all discrimination based on health, and particularly HIV/AIDS, and the results obtained;

(c) information on the activities of the labour inspectorate in this area and a copy of any court decisions handed down.

Please refer in this connection to paragraphs 70 and 71 of the Committee's 1988 General Survey on Discrimination in Employment and Occupation.

3. With reference to its previous comments concerning mixed employment contracts whose purpose is to improve women's employment situation, the Committee notes the Government's statement that female employment is still concentrated in the four categories: public service, enterprises, commerce and direct services to individuals, and teaching, health and social work. This is the result of several factors, especially the very slow increase in the number of girls in scientific and technical training; the more restricted access of employees to continuous training which limits opportunities for promotion within the occupation; and the very slow change in the respective roles of men and women in the family. The Committee also notes with interest the report for 1993 concerning mixed employment contracts, which gives information on action for women's training in 1993 under decentralized credits, and the follow-up and accompanying measures. The Committee asks the Government to continue to supply information on the measures taken or envisaged to encourage and facilitate mixed employment contracts and statistics on the results obtained. It would also appreciate receiving information on the results of the work of the three working groups set up in September 1994 by the Higher Council for Equality in Occupations.

4. Noting that the information requested on points 3, 4, and 6 of its previous direct request have not been supplied, the Committee again asks the Government to provide detailed information on the following in its next report:

(a) the practical effect given to section L.123-1 of the Labour Code which prohibits reference to sex in offers of employment except where sex is the determining criterion for the exercise of such employment, indicating for example the number of cases of non-compliance with this provision recorded by labour inspectors and any decisions on the matter handed down by the courts;

(b) any legislative or administrative measures and any national practice affecting the employment or occupational activity of persons who individually are legitimately suspected of engaging in activity which is prejudicial to state security, or for whom it has been established that they are in fact so engaged, and to provide details of the means of redress available to such persons, in accordance with Article 4 of the Convention;

(c) the measures taken, particularly as regards vocational training and access to employment, to secure better integration into the labour market of immigrants (particularly second-generation immigrants) holding French nationality.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's reports and appended documents, particularly the copy of Decree No. 92.200 of 3 March 1992 abolishing different recruitment requirements for men and women in the national police force, and the information on the measures taken since 1992 to improve the working conditions of policewomen.

1. The Committee notes with interest the adoption of Act No. 92-1179 of 2 November 1992 concerning abuse of authority and sexual harassment in work relations. It notes in particular that this Act prohibits all discrimination at the time of recruitment and in the execution or termination of the employment contract against employees who have been subjected to or witnessed sexual harassment and that trade unions may take legal action on their behalf if they give their written consent. It asks the Government to provide information on how the Act is applied in practice, such as copies of circulars and directives setting out the methods and procedures for application, and statistics on breaches of the Act recorded by the inspection services and other competent bodies and the measures taken to remedy them, including any legal action brought by trade unions or directly by victims of sexual harassment and the texts of any relevant court decisions.

2. The Committee notes that section 27 of Act No. 92-1446 of 31 December 1992 respecting employment, the development of part-time work and unemployment insurance has amended section L.122-45 of the Labour Code which prohibits dismissal based on discrimination in particular on grounds of health, and that, under section 416.3 of the Penal Code, a refusal to recruit based on discriminatory reasons is punishable by a fine and imprisonment. Noting that section 27 of the above-mentioned Act includes health among the grounds of proscribed discrimination, as envisaged by Article 1, paragraph 1(b), of the Convention, the Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to ensure that, in practice, the provisions of section 27 are observed with regard to people who are HIV positive or suffering from AIDS.

In this connection, please provide with the next report:

(a) the texts of any circulars issued under this Act, collective agreements and practical directives in the form of brochures or charters that have been adopted to prohibit discrimination based on HIV/AIDS at the time of recruitment or in the course of employment, and to educate and inform workers;

(b) information on special campaigns for education and awareness-raising among the public, employers, workers (organized, for example, by the National Agency for AIDS Control as part of its plan of action), and for the bodies which supervise the national legislation, including labour inspectors, to prevent all discrimination based on health, and particularly HIV/AIDS, and the results obtained;

(c) information on the activities of the labour inspectorate in this area and a copy of any court decisions handed down.

Please refer in this connection to paragraphs 70 and 71 of the Committee's 1988 General Survey on Discrimination in Employment and Occupation.

3. With reference to its previous comments concerning mixed employment contracts whose purpose is to improve women's employment situation, the Committee notes the Government's statement that female employment is still concentrated in the four categories: public service, enterprises, commerce and direct services to individuals, and teaching, health and social work. This is the result of several factors, especially the very slow increase in the number of girls in scientific and technical training; the more restricted access of employees to continuous training which limits opportunities for promotion within the occupation; and the very slow change in the respective roles of men and women in the family. The Committee also notes with interest the report for 1993 concerning mixed employment contracts, which gives information on action for women's training in 1993 under decentralized credits, and the follow-up and accompanying measures. The Committee asks the Government to continue to supply information on the measures taken or envisaged to encourage and facilitate mixed employment contracts and statistics on the results obtained. It would also appreciate receiving information on the results of the work of the three working groups set up in September 1994 by the Higher Council for Equality in Occupations.

4. Noting that the information requested on points 3, 4, and 6 of its previous direct request have not been supplied, the Committee again asks the Government to provide detailed information on the following in its next report:

(a) the practical effect given to section L.123-1 of the Labour Code which prohibits reference to sex in offers of employment except where sex is the determining criterion for the exercise of such employment, indicating for example the number of cases of non-compliance with this provision recorded by labour inspectors and any decisions on the matter handed down by the courts;

(b) any legislative or administrative measures and any national practice affecting the employment or occupational activity of persons who individually are legitimately suspected of engaging in activity which is prejudicial to state security, or for whom it has been established that they are in fact so engaged, and to provide details of the means of redress available to such persons, in accordance with Article 4 of the Convention;

(c) the measures taken, particularly as regards vocational training and access to employment, to secure better integration into the labour market of immigrants (particularly second-generation immigrants) holding French nationality.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous comments, the Committee notes with interest the positive results with regard to the number of mixed employment contracts signed between 1987 and 1989, whose purpose is to encourage the recruitment of women, diversify their jobs and facilitate their training for jobs in small and medium-sized enterprises. The Committee also notes the statistical information provided by the Government, which shows a slight average increase in the feminization rate in the management and intellectual occupation category, which is due largely to the progression of women in the information, arts and entertainment sectors. The Committee also notes that, as regards administrative and commercial staff enterprises, women now account for 44 per cent of the total and the proportion of women in management posts has risen from 22 to 25 per cent; that the proportion of women is increasing but still remains very low (9.8 per cent) among engineers and technical supervisory staff; that the feminization of the "intermediate" professions is still progressing in the social and health sectors, but stagnating in education and the public service and that, in the technician and supervisor category, the feminization rate is still very low and has shown no notable increase for four years. The Committee has also noted the information provided by the Government concerning training activities and the implementation of the principle of equality of occupation for men and women in collective agreements (particularly with regard to leave to care for sick children, leave to bring up children and certain working conditions). The Committee requests the Government to continue to provide information, including statistical data concerning progress made in mixed employment.

2. With reference to its previous comments, the Committee takes note of the information and the various texts provided by the Government concerning separate recruitment procedures for men and women in certain public services. It notes that only two public services - as opposed to 15 initially - are now authorized to apply separate recruitment procedures and that a draft Decree has been prepared to abolish separate recruitment in the national police force. In this connection, the Committee notes the comments made by the CFDT to the effect that a draft Order to increase the requisite minimum height for admission of women to the national police force competitive entrance exam would exclude 70 per cent of women applicants. Furthermore, modification of the marking scale for physical tests is envisaged and would make the system more difficult especially for women. The Committee refers to paragraph 28 of its General Survey of 1988 on Equality in Employment and Occupation, in which it draws attention to the indirect discrimination which might arise from apparently neutral regulations which result in de facto inequalities in respect of certain groups or certain persons. The Committee would be grateful if the Government would provide all relevant information on measures taken regarding the conditions of recruitment in the national police force and on the practical effects of such measures.

3. In its previous comments, the Committee requested information on the measures taken to guarantee the application of section L.123-1 of the Labour Code concerning recruitment (prohibition of reference to sex in offers of employment except where sex is the determining condition for the exercise of such employment). It notes the Government's statement that, in addition to provisions laying down specific penalties to enforce section L.123-1 of the Labour Code, the employees and the representative trade union organizations within the enterprise may take legal action and the labour inspector may submit observations to the employer. It also takes note of the decision of the Criminal Division of the Court of Appeal of 30 January 1990 concerning the display of offers of employment of a discriminatory nature, and asks the Government to continue to provide information on the application in practice of section L.123-1 of the Labour Code.

4. With regard to Article 4 of the Convention, the Committee again requests the Government to indicate any legislative or administrative measures and any national practices affecting the employment or occupational activity of persons who individually are legitimately suspected of engaging in activity which is prejudicial to state security, or for whom it has been established that they are in fact so engaged, and to provide details on the means of appeal available to such persons.

5. With regard to the employment in the private sector of persons infected with human immuno-deficiency virus (HIV/AIDS), the Committee notes with interest the campaign to inform company doctors and the plan of action concerning enterprises, developed by the Agency for AIDS Control. The Committee asks the Government to continue to provide information on any developments in this respect.

6. The Committee again requests the Government to supply information on the measures taken, particularly as regards vocational training and access to employment, to secure better integration into economically active life of immigrants (particularly second generation immigrants) holding French nationality.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous direct request, the Committee notes the information provided by the Government in its report and the enclosed comments of the French Democratic Confederation of Labour (CFDT).

1. With reference to its previous comments, the Committee notes with interest the positive results with regard to the number of mixed employment contracts signed between 1987 and 1989, whose purpose is to encourage the recruitment of women, diversify their jobs and facilitate their training for jobs in small and medium-sized enterprises. The Committee also notes the statistical information provided by the Government, which shows a slight average increase in the feminisation rate in the management and intellectual occupation category, which is due largely to the progression of women in the information, arts and entertainment sectors. The Committee also notes that, as regards administrative and commercial staff enterprises, women now account for 44 per cent of the total and the proportion of women in management posts has risen from 22 to 25 per cent; that the proportion of women is increasing but still remains very low (9.8 per cent) among engineers and technical supervisory staff; that the feminisation of the "intermediate" professions is still progressing in the social and health sectors, but stagnating in education and the public service and that, in the technician and supervisor category, the feminisation rate is still very low and has shown no notable increase for four years. The Committee has also noted the information provided by the Government concerning training activities and the implementation of the principle of equality of occupation for men and women in collective agreements (particularly with regard to leave to care for sick children, leave to bring up children and certain working conditions). The Committee requests the Government to continue to provide information, including statistical data concerning progress made in mixed employment.

2. With reference to its previous comments, the Committee takes note of the information and the various texts provided by the Government concerning separate recruitment procedures for men and women in certain public services. It notes that only two public services - as opposed to 15 initially - are now authorised to apply separate recruitment procedures and that a draft Decree has been prepared to abolish separate recruitment in the national police force. In this connection, the Committee notes the comments made by the CFDT to the effect that a draft Order to increase the requisite minimum height for admission of women to the national police force competitive entrance exam would exclude 70 per cent of women applicants. Furthermore, modification of the marking scale for physical tests is envisaged and would make the system more difficult especially for women. The Committee refers to paragraph 28 of its General Survey of 1988 on Equality in Employment and Occupation, in which it draws attention to the indirect discrimination which might arise from apparently neutral regulations which result in de facto inequalities in respect of certain groups or certain persons. The Committee would be grateful if the Government would provide all relevant information on measures taken regarding the conditions of recruitment in the national police force and on the practical effects of such measures.

3. In its previous comments, the Committee requested information on the measures taken to guarantee the application of section L.123-1 of the Labour Code concerning recruitment (prohibition of reference to sex in offers of employment except where sex is the determining condition for the exercise of such employment). It notes the Government's statement that, in addition to provisions laying down specific penalties to enforce section L.123-1 of the Labour Code, the employees and the representative trade union organisations within the enterprise may take legal action and the labour inspector may submit observations to the employer. It also takes note of the decision of the Criminal Division of the Court of Appeal of 30 January 1990 concerning the display of offers of employment of a discriminatory nature, and asks the Government to continue to provide information on the application in practice of section L.123-1 of the Labour Code.

4. With regard to Article 4 of the Convention, the Committee again requests the Government to indicate any legislative or administrative measures and any national practices affecting the employment or occupational activity of persons who individually are legitimately suspected of engaging in activity which is prejudicial to state security, or for whom it has been established that they are in fact so engaged, and to provide details on the means of appeal available to such persons.

5. With regard to the employment in the private sector of persons infected with human immuno-deficiency virus (HIV/AIDS), the Committee notes with interest the campaign to inform company doctors and the plan of action concerning enterprises, developed by the Agency for AIDS Control. The Committee asks the Government to continue to provide information on any developments in this respect.

6. The Committee again requests the Government to supply information on the measures taken, particularly as regards vocational training and access to employment, to secure better integration into economically active life of immigrants (particularly second generation immigrants) holding French nationality.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in reply to its previous direct request. It notes, in particular, the information on the measures which make it possible to ensure that there is no discrimination in access to employment in the private sector on grounds of political opinion.

1. The Committee notes with interest the information and documents provided by the Government concerning the measures taken to ensure equality for men and women in employment. It notes in particular the report submitted in 1988 to the Higher Council of Occupational Equality concerning the implementation of the Act of 1983 respecting occupational equality for men and women in both public administrations and establishments and in the private sector, including the agricultural sector (second report on action undertaken in this area), which shows the increase in the number of women who have participated in educational guidance and vocational training activities financed by the State, the regional councils and enterprises, and the increased participation of women in skilled employment. The Committee asks the Government to continue to supply information on this subject, particularly on the measures taken to narrow the gap that still exists between men and women with regard both to remuneration and access to skilled jobs - particularly in areas where women are not traditionally employed - and to high-level posts in the public and private sectors. The Committee also notes the information provided by the Government concerning the implementation of the principle of equality in occupation in collective agreements and in mixed employment contracts which are established with financial aid from the State with a view to facilitating the recruitment, transfer or promotion of women particularly in small- and medium-size enterprises. The Committee would like to receive particulars of the practical results obtained in this area, and the text of the above-mentioned collective agreements containing clauses on occupational equality between workers of the two sexes.

2. In its previous direct request, the Committee referred to Act No. 83-634 of 13 July 1983 laying down the rights and duties of public servants, and to section 21 of Act No. 84-16 of 11 January 1984 laying down legal provisions respecting the state public service, under which different recruitment procedures may be organised for men and women if sex is a deciding factor in the exercise of the duties performed by persons in these jobs. The Committee therefore requested the Government to supply the Decrees in force establishing the list of the duties reserved for public servants of one or other sex. Since the Government's report does not contain the texts requested, the Committee again expresses the hope that they will be provided with the next report, along with a copy of the most recent biennial report submitted to Parliament (provided for under section 21 of Act No. 84-16) on the measures taken to guarantee observance of the principle of the equality of the sexes in all grades of the public service.

3. With regard to jobs or occupational activities in the private sector, for the exercise of which sex is a deciding factor, the Committee notes the list of such jobs established by the Decree of 23 March 1983 which the Government has communicated. Having noted, however, that a job vacancy published in a widely circulated daily newspaper for a post which is not included in the above list was addressed only to male candidates, it asks the Government to indicate the measures taken to guarantee the application, in practice, of section L.123-1 of the Labour Code, under which it is illegal to refer or have reference made in an offer of employment or in any other form of publicity relating to recruitment, to the sex of the desired candidate, except where the fact of belonging to either sex is the determining condition for the exercise of such employment.

4. With regard to Article 4 of the Convention, the Committee again asks the Government to indicate any legislative or administrative measures and any national practices affecting the employment or occupational activity of persons who individually are legitimately suspected of engaging in activity which is prejudicial to state security, or for whom it has been established that they are in fact so engaged, and to provide details on the means of appeal available to such persons.

5. The Committee notes with interest the Ministerial Circular of 6 July 1989 concerning the employment in the public service of persons infected with the human immuno-deficiency virus (HIV) and asks the Government to indicate whether any similar recommendations have been prepared concerning the employment of such persons in establishments in the private sector.

6. The Committee also notes with interest from the eighth report submitted to the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/148, Add.3, 1988), the action undertaken by the Government to combat racism, and in particular the measures taken with regard to education and vocational training, with a view to ensuring that the immigrant population is better integrated into the world of work. The Committee hopes that the Government will pursue its efforts in this area and will continue to provide information on the difficulties encountered and the results obtained.