Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 118) sur l'égalité de traitement (sécurité sociale), 1962 - France (Ratification: 1974)

Article 4(1) of the Convention. Equality of treatment without any condition of residence, including when establishing entitlement. The Committee refers to its previous comments and notes that French law and practice continue to impose a condition of residence for sickness benefit, maternity benefit, invalidity benefit and family benefit, subject to the provisions of certain bilateral agreements. The Committee further notes that the condition of residence is not applied with respect to employment injury pensions for the nationals of the other countries party to the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), (120States). In the absence of a bilateral agreement, the condition of residence does not apply in practice in cases where the medical and administrative checks required for the provision of benefits can be carried out in the State of residence. As regards the lifting of the condition of residence for nationals of countries party to Convention No. 118, the Government indicates that most States which have a social security system impose the condition of residence on their territory for the grant and provision of benefits in cash, especially pensions and annuities. This leads France to place its undertakings in this field in the context of the second phrase of Article 4(1), which provides for the possibility of imposing a condition of residence in cases where the legislation of the country of residence also subjects the grant of benefits to the same condition. The Government adds that French law provides, where necessary, for a partial or total lifting of the reciprocal conditions of residence by means of a bilateral agreement with each State concerned.

The Committee recalls that, under Article 4(1), countries which have ratified the Convention are bound by a system of general reciprocity and undertake to ensure equality of treatment without any condition of residence for the nationals of any other State for which the Convention is also in force. However, the application of this guiding principle of the Convention may be suspended with regard to the benefits of a given branch of social security with regard to the nationals of any Member whose legislation imposes a condition of residence on its territory to the grant of the same benefits. In view of the intention expressed by the Government in its report to systematically apply the reservation provided for in the second phrase of Article 4(1), the Committee requests the Government to indicate in its next report which countries, among those that have ratified the Convention, apply a condition of residence to the grant of benefits to French nationals with respect to the branches of social security that are also accepted by France, namely:

• – medical care: Plurinational State of Bolivia, Brazil, Cape Verde, Denmark, Ecuador, Egypt, Finland, Germany, Guinea, India, Iraq, Ireland, Italy, Libya, Mexico, Philippines, Sweden, Tunisia, Turkey, Uruguay and Bolivarian Republic of Venezuela;
• – sickness benefit: Barbados, Plurinational State of Bolivia, Brazil, Cape Verde, Denmark, Ecuador, Egypt, Finland, Germany, Guinea, India, Iraq, Ireland, Italy, Libya, Madagascar, Mexico, Philippines, Sweden, Tunisia, Turkey, Uruguay and Bolivarian Republic of Venezuela;
• – maternity benefit: Bangladesh, Barbados, Plurinational State of Bolivia, Brazil, Cape Verde, Central African Republic, Ecuador, Egypt, Germany, Guatemala, Guinea, India, Iraq, Israel, Italy, Jordan, Libya, Madagascar, Mexico, Pakistan, Philippines, Sweden, Tunisia, Turkey, Uruguay and Bolivarian Republic of Venezuela;
• – invalidity benefit: Brazil, Cape Verde, Democratic Republic of the Congo, Ecuador, Egypt, Iraq, Italy, Jordan, Kenya, Libya, Madagascar, Mauritania, Mexico, Philippines, Rwanda, Syrian Arab Republic, Tunisia, Turkey and Bolivarian Republic of Venezuela;
• – survivors’ benefit: Barbados, Brazil, Cape Verde, Ecuador, Egypt, Guinea, Iraq, Israel, Italy, Jordan, Kenya, Libya, Mauritania, Mexico, Norway, Philippines, Rwanda, Syrian Arab Republic, Tunisia, Turkey and Bolivarian Republic of Venezuela;
• – family benefit: Plurinational State of Bolivia, Cape Verde, Central African Republic, Guinea, Ireland, Israel, Italy, Libya, Mauritania, Norway, Tunisia and Uruguay;
• – as regards employment injury benefit, the Committee requests the Government to indicate the manner in which it gives effect to the Convention with respect to the nationals of the following five States which have accepted the provisions of Convention No. 118 for this branch but are not party to Convention No. 19: Ecuador, Guinea, Jordan, Libya and Turkey.