FRANCE: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

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• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on the Elimination of Discrimination Against Women
• UN Committee against Torture
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

CCPR/C/FRA/CO/4 (2008)
Last reported: 31 July 2008

• Asylum-seeking and refugee children: The State party should review its detention policy in regard to undocumented foreign nationals and asylum-seekers, including unaccompanied children. The State party should reduce overcrowding and improve living conditions in such centres, especially those in the Overseas Departments and Territories. (paragraph 18)

  The Committee appreciates the State party's statement that it seeks to honour the rule of "non-refoulement" to avoid the return of any persons to countries where they face the real risk of abusive treatment. Nonetheless, it is concerned by reports that foreign nationals have in fact been returned by the State party to such countries, and subjected to treatment that violates article 7 of the Covenant. (...) In addition, no recourse to the courts is available to persons deported from the overseas territory of Mayotte, involving some 16,000 adults and 3,000 children per year, nor in French Guiana or Guadeloupe. (articles 7 and 13) (paragraph 20)

  The Committee is concerned about the length of family reunification procedures for recognised refugees. It also notes that the procedure allowing the use of DNA testing as a way to establish filiation for the purpose of family reunification, introduced by article 13 of Act No. 2007/1631 of 20 November 2007, may pose problems regarding its compatibility with articles 17 and 23 of the Covenant, despite its optional nature and the procedural guarantees provided by the law. (articles 17 and 23) The State party should review its family reunification procedures for recognised refugees, with a view to ensuring that applications for family reunification are processed as speedily as possible. The State party should also adopt all appropriate measures to ensure that the implementation of DNA testing as a way to establish filiation does not create additional obstacles to family reunification, and that the use of such testing is always subject to the prior informed consent of the applicant. (paragraph 21)

  
   
• Collection and storage of personal information: While acknowledging the important role played by the National Commission of Information Technology and Liberties (Commission nationale de l'informatique et des libertés, CNIL) in protecting the integrity and confidentiality of information concerning a person's private life against any arbitrary or unlawful interference emanating from public authorities or private individuals or bodies, the Committee is concerned at the proliferation of different databases, and notes that according to reports received, the gathering, storage and use of sensitive personal data contained in databases such as EDVIGE (exploitation documentaire et valorisation de l'information générale) and STIC (système de traitement des infractions constatées) pose concerns with regard to article 17 of the Covenant. (articles 17 and 23) (...) Taking into account general comment No. 16 (1988) on

  Article 17 (Right to privacy), the State party should in particular ensure that (...) EDVIGE is restricted to children above the age of thirteen who have been convicted of a criminal offence (paragraph 22 (d))

  
   
• Religious symbols in schools: The Committee is concerned that both elementary and high school students are barred by Act No. 2004/228 of 15 March 2004 from attending the public schools if they are wearing so called "conspicuous" religious symbols. The State party has made only limited provisions – through distance or computer-based learning – for students who feel that, as a matter of conscience and faith, they must wear a head covering such as a skullcap (or kippah), a headscarf (or hijab), or a turban. Thus, observant Jewish, Muslim, and Sikh students may be excluded from attending school in company with other French children. The Committee notes that respect for a public culture of laïcité would not seem to require forbidding wearing such common religious symbols. (articles 18 and 26) The State party should re-examine Act No. 2004/228 of 15 March 2004 in light of the guarantees of article 18 of the Covenant concerning freedom of conscience and religion, including the right to manifest one's religion in public as well as private, as well as the guarantee of equality under article 26. (paragraph 23)

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UN Committee on Economic, Social and Cultural Rights

(E/C.12/FRA/CO/3)
Last reported: May 2008

• Youth unemployment: The Committee remains concerned that despite the measures adopted by the State party to increase employment opportunities for young persons, the youth unemployment rate – which decreased in 2007 from 22 to 18 per cent – continues to be considerably higher than the average unemployment rate. (paragraph 15)

  The Committee encourages the State party to strengthen its efforts to promote employment opportunities for young persons, especially those without professional qualification and those living in ZUS areas, through specifically targeted measures, including vocational training, career guidance and tax incentives for companies hiring young persons. (paragraph 35)

  The Committee recommends that the State party take all necessary measures to combat structural unemployment and to limit, as far as possible, the use of temporary employment contracts as tools to encourage firms to hire persons belonging to vulnerable groups – such as young people, single parents and persons without professional qualification. The Committee also recommends that such contracts be concluded only in those cases provided for by the legislation in force, and that sufficient guarantees be provided to ensure that employees recruited under such contracts are not prevented from enjoying the right to an adequate standard of living, as well as the labour rights set out in articles 6 and 7 of the Covenant. (paragraph 37)

  
   
• High rate of suicide among young people: The Committee remains deeply concerned about the high suicide rate existing in the State party, especially among persons aged between 15 and 44, despite the various plans and strategies adopted by the State party to combat this phenomenon. (paragraph 27)

  The Committee recommends that the State party strengthen its efforts to analyse the motives for committing suicide, with a view to developing effective measures aimed at the prevention of suicide among particularly vulnerable groups, including young people (...) (paragraph 48)

  
   
• Eduction for minority children: The Committee is deeply concerned that persons belonging to racial, ethnic and national minorities, especially migrant workers and persons of immigrant origin, are disproportionately concentrated in poor residential areas characterised by (...) under-resourced schools (paragraph 21)

  The Committee notes with concern that significant disparities in terms of school performance and drop-out rates continue to exist between French pupils and pupils belonging to racial, ethnic or national minorities, in spite of the efforts made by the State party to address the social and economic inequalities existing in the field of education. (paragraph 28)

  The Committee recommends that the State party adopt all appropriate measures to reduce the significant disparities in terms of school performance between French pupils and pupils belonging to racial, ethnic or national minorities in the field of education, inter alia by intensifying the provision of French-language courses for those students who lack adequate French-language proficiency and avoiding the over-representation of minority students in classes for children with learning difficulties. The Committee further recommends that the State party undertake further studies on the correlation between school failure and social environment, with a view to elaborating effective strategies aimed at reducing the disproportionate drop-out rates affecting minority pupils. (paragraph 49)

  
   
• Minority rights: The Committee (...) recommends that the State party consider reviewing its position with regard to the recognition of minorities under the Constitution, and recognise officially the need to protect the cultural diversity of all minority groups under the jurisdiction of the State party, in accordance

  with the provisions of article 15. In this regard, the Committee reiterates the recommendation formulated in its previous concluding observations (E/C.12/1/Add.72, para. 25) that the State party (a) withdraw its reservation to article 27 of the International Covenant on Civil and Political Rights and to article 30 of the Convention on the Rights of the Child and (b) consider ratifying the Council of Europe Framework Convention for the Protection of National Minorities, as well as the European Charter for Regional or Minority Languages. (paragraph 50)

  The Committee reiterates the recommendation formulated in its previous concluding observations (ibid., para. 26) that the State party increase its efforts to preserve and promote regional and minority languages and cultural heritage, inter alia by ensuring that sufficient financial and human resources be allocated to the teaching of regional and minority languages and cultures in public schools and to TV and radio broadcasting in these languages. (paragraph 51)

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UN Committee on the Elimination of Racial Discrimination

(CERD/C/FRA/CO/17-19)
Last reported: 23 September 2010

• Education: The Committee urges the State party to guarantee access by Roma to education, public health and housing and other temporary facilities, in accordance with the principle of equality, and to take into account its general recommendation No. 27 (2000) on discrimination against Roma. (paragraph 15)

  The Committee urges the State party to ensure equal treatment for travellers in respect of the right to vote and access to education. The Committee recommends that the Besson Act be implemented swiftly to ensure that illegal encampment areas are no longer an issue. The Committee also recommends that travel permits for travellers be abolished to ensure equal treatment for all citizens of the State party (arts. 2 and 5) (paragraph 16).

  The Committee recommends that the State party allow recognition of the collective rights of indigenous peoples, (...) [and] that the State party step up efforts to ensure equal access to education (...) (paragraph 18)

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UN Committee on the Elimination of Discrimination Against Women 

 

CEDAW/C/FRA/CO/7-8

Concluding observations adopted: 22 July 2016

Legislative developments: The Committee welcomes the progress achieved since the consideration in 2008 of the State party’s sixth periodic report in undertaking legislative reforms, in particular the adoption of: Act No. 2010-769 of 9 July 2010 on specific violence against women, marital violence and its impact on children (para 5).

The Committee welcomes the State party’s efforts to improve its institutional and policy framework aimed at accelerating the elimination of discrimination against women and promoting gender equality, including the adoption or establishment of the the Action Plan for Equality between Girls and Boys in School, in 2014, and the Inter-ministerial Agreement for 2013-2018 on Equality between Girls and Boys and Women and Men in the Education System (para 6).

The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international and regional instruments: The Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2016 (para 7).

Refugee and asylum-seeking women: The Committee is, however, concerned that the State party may have difficulty facing an influx of refugees and providing them all with decent housing, as was demonstrated by precarious sanitary and housing conditions, no guarantee of access to food, clean water, sanitation or medical care, psychological support or legal counselling and high levels of exposure to violence and exploitation, especially for women and girls, in Calais (para 9).

The Committee calls on the State party: To take a gender-sensitive approach in receiving the current refugee inflows and in considering asylum claims, thereby ensuring that the needs of asylum-seeking and refugee women and girls arriving in the State party are addressed as a priority concern (para 10).

Women and gender mainstreaming: The Committee is concerned about the changes of status and focus of the national machinery for gender equality, which varied from a full-fledged Ministry to the lesser level of a State Secretariat, and then regained ministerial level as one component under the new Families, Childhood and Women’s rights Ministry, which creates uncertainty and can be interpreted as a regression as regards the centrality of women’s human rights. The Committee recommends that the State party Strengthen the implementation of the gender equality policies at the municipal and regional levels and ensure that all Government bodies involved receive sustained guidance and support in their implementation efforts, including sufficient human, technical and financial resources (paras 13, 14).

Temporary special measures: The Committee remains concerned about the vulnerable situation of women and girls belonging to disadvantaged groups in political life, education, employment and health. The Committee recommends that the State party use temporary special measures to address the urgent needs of women belonging to disadvantaged groups in fields such as political life, education, employment and health (paras 15, 16).

Stereotypes and harmful practices: The Committee further welcomes legislative and other measures taken to combat harmful practices, including child and forced marriage, female genital mutilation and crimes in the name of so‑called honour. However, the Committee is concerned that Muslim women and girls are exposed to a heightened risk of discrimination and Islamophobic and/or anti-Muslim acts, based on the intersecting factors of their sex and religion, as well as origin, and that the risk of discrimination is compounded by the current social and political context; The prevalence of pornography and the so-called “sexualization of the public sphere” in the State party may exacerbate sexual harassment and gender-based violence against women and girls; Medically unnecessary and irreversible surgery and other treatment is routinely performed on intersex children, as noted by the Committee on the Rights of the child and by the Committee against Torture (para 17).

The Committee recommends that the State party combat all forms of discrimination against women and girls belonging to racial, ethnic, national and religious minorities, including those living in sensitive urban areas, to ensure their equal access to health and education, employment, housing and to the public and political arenas and to reinforce the willingness and capacity of living together; Conduct a study on the possible impact of over-sexualized representations of girls and women in the media and the prevalence of pornography on the increase in gender-based violence against women in the State party; Develop and implement a rights-based health-care protocol for intersex children, ensuring that children and their parents are appropriately informed of all options; children are involved, to the greatest extent possible, in decision-making about medical interventions and their choices are respected; and no child is subjected to unnecessary surgery or treatment, as recommended recently by the Committee against Torture (para 18).

Gender-based violence against women: The Committee is concerned about the impact in terms of gender-based violence against women and girls of the intersection of racist, xenophobic, anti-Muslim and sexist acts;. The Committee recommends that the State party ensure that racist, xenophobic, anti-Muslim and sexist acts are thoroughly investigated and prosecuted and that sentences imposed on perpetrators are commensurate with the gravity of their acts (paras 19, 20).

The Committee is concerned that the State party: (a) Limits prosecution of acts of gender-based violence against women, including female genital mutilation and forced and/or child marriage, perpetrated by French nationals abroad only to cases where the act is not criminalized in the country it is committed in; The Committee recommends that the State party review its approach to extraterritorial prosecution of acts of gender-based violence against women, including female genital mutilation and forced and/or child marriage, and ensure these offenses, when perpetrated by French nationals or permanent residents, are prosecuted ex-officio in the State party, regardless of whether or not the particular offense is criminalized in the country where it is committed (paras 23, 24).

Trafficking and exploitation of prostitution: The Committee is concerned about: The lack of adequate mechanisms to identify and refer victims of trafficking in need of protection, in particular minors often considered as offenders, irregular migrants and not victims, and insufficient data on victims of trafficking (para 25)

The Committee recommends that the State party: Investigate, prosecute and punish all cases of trafficking in persons, especially women and girls, and ensure that the sentences imposed on perpetrators are commensurate with the gravity of the crime; Increase the budget and strengthen the assistance provided to women and girls who wish to leave prostitution, including by providing alternative income-generating opportunities; Strengthen measures to identify and provide support to women at risk of trafficking, in particular minors (para 26).

Birth registration: The Committee notes the very short deadline foreseen by article 55 of the Civil Code to declare a birth, failing which a judiciary procedure must be conducted before a court, which may take up to 18 months, leaving children with no legal proof of existence and limiting their enjoyment of human rights. The Committee is concerned that a large number of the indigenous and tribal population of Guyana and half of the population of Mayotte lack birth certificates and identity papers, which deprives them of access to basic services, including education and health (para 29).

The Committee recommends that the State party ensure that every birth is registered and every person under its jurisdiction is provided with birth certificates and identity papers, irrespective of where they live. In this regard, it recommends that the State party modify article 55 of the Civil Code as envisaged in draft law 3204 of 2015, and consider extending the 5 days envisaged, especially for remote areas, and to simplify the procedure envisaged in case of late declarations (para 30).

Education: The the Committee notes with concern: That no recent, comprehensive evaluation of Act No. 2004-228 banning the wearing of religious symbols in schools, has been conducted so that its possible limitation or denial of the right to education of girls and its impact on their inclusion into all facets of French society as full members of the community are unknown, and if negative, cannot be remedied; Insufficient access to sexual education in schools, which does not seem to meet the needs of girls and boys and contribute to the fulfilment of the State party’s responsibilities in that regard; The high number of girls who suffer from discrimination and sexual harassment in schools and the disproportionate number of migrant, Roma, indigenous and autistic girls, as well as girls belonging to minority groups and those with disabilities who continue to face difficulties in gaining access to quality education (para 31).

The Committee recommends that the State party: Mandate a comprehensive study to determine the impact of Act No. 2004-228 banning the wearing of religious symbols in schools on the right to education of girls and their inclusion into all facets of French society as full members of the community and indicate remedies if needed; Strengthen its strategies to address discriminatory stereotypes and structural barriers that may deter girls from enrolling in traditionally male-dominated fields of study, such as mathematics, information technology and science; Continue to combat discrimination against disadvantaged groups of women and girls in accessing quality education, including by adopting temporary special measures, and ensure effective monitoring and evaluation of the impact of such efforts, to inform remedial action (para 32).

Employment: With regards to employment of women the Committee recommends that the State party Create more opportunities for women to gain access to full-time employment, including by promoting equal sharing of domestic and family tasks between men and women, providing more and improved childcare facilities and increasing the incentives for men to use their right to parental leave (para 34).

Health: The Committee welcomes the legislative measures taken by the State party to facilitate access to contraception and abortion, including full insurance coverage, free contraception for adolescents, urgent contraception prescribed by school nurses. However, the Committee is concerned about: The rate of teenage and/or unwanted pregnancy, particularly in overseas territories and among disadvantaged groups of women (para 35).

The Committee recommends that the State party Reduce the rate of teenage and/or unwanted pregnancy, including through improvements in the accessibility, availability and affordability of sexual and reproductive health services, including family planning information and services, particularly in overseas territories and among disadvantaged groups of women (para 36).

Migrant women and women: The Committee welcomes the various efforts made by the State party to integrate migrant women and girls and women with a migration background into all aspects of French society. It is, however, concerned at the remaining obstacles these women face in various fields. The Committee recommends that the State party pursue its efforts and takes into account the specific situation of migrant women and women with a migration background into all public policies, such as the urban policy (“politique de la ville”), and more broadly in the fight against all forms of discrimination (paras 41, 42).

Marriage and family relations: The Committee welcomes the adoption of Act No. 2003-516 of 18 June 2003 that ensures equal rights in the transmission of family names. However, it notes that a large majority of children still bear the name of their father only. The Committee is also concerned about the conditions that transgender persons wishing to change their name must fulfil. The Committee recommends that the State party take measures to inform parents of the equal rights of women and men to transmit their family names to their children, so as to eliminate the remaining patriarchal priority given to men’s family name. It also recommends a simplification of the judiciary procedure under which transgender persons can change their name, by allowing them to make a declaration to that effect before a registry officer or a notary (paras 45, 46).

The Committee recommends that the State party support efforts by customary authorities and indigenous women’s organizations, to ensure a rapid review of the discriminatory provisions relating to custody of children and inheritance, to bring them into conformity with the Convention (para 48).

(CEDAW/C/FRA/CO/6)

Last Reported: 18 January 2008                                                                                  Concluding Observations issued: 8 April 2008

Issues raised and recommendations given:

Stereotypes: The Committee welcomes the steps taken to eliminate gender-role stereotypes, including the joint declaration signed on 27 November 2003 between the Ministry responsible for Parity and the Advertising Standards Office on respect for the human being in advertising; the establishment of a public forum to debate the image of women in advertising; and the undertaking of a study on stereotypes in school textbooks. However, the Committee remains concerned about the fact that academic orientation remains strongly influenced by stereotypes as a result of which women continue to be concentrated in a narrow range of employment. The Committee also notes with concern the persistence of stereotypes, including on immigrant and migrant women, that affect their position in the labour market, characterized by high unemployment rates, part-time work and limited participation in public life and decision-making. (Para. 18)

The Committee recommends that the State party continue to encourage the mass media to promote changes with regard to the roles and tasks considered suitable for women and men, as required by article 5 of the Convention, and to provide the Committee in its next periodic report with information on the outcome of the study on stereotypes in school textbooks. The Committee further recommends that the State party continue its work of finding the most appropriate way to pursue measures to encourage girls to study non-traditional subjects and companies to recruit women for non-stereotypical posts. Furthermore, the Committee urges the State party to undertake in-depth research and studies on the impact of gender-role stereotypes for the effective implementation of all the provisions of the Convention, in particular, in regard to the ability of migrant and immigrant women to enjoy their human rights. It also calls upon the State party to undertake awareness-raising campaigns targeting the public at large about the negative impact of such stereotypes on society as a whole. (Para. 19)

Education: While noting the evaluation by the State party of the implementation of the Act of 15 March 2004 banning the wearing of “signs or dress through which pupils ostensibly indicate which religion they profess in public primary, middle and secondary schools”, the Committee nevertheless remains concerned that the ban should not lead to a denial of the right to education of any girl and their inclusion into all facets of French society. The Committee recommends that the State party continue to monitor closely the implementation of the Act so that there is no negative impact on the education of girls and their inclusion into all facets of French society. The Committee further recommends that the State party provide data in its next report on the educational achievements of migrant and immigrant girls at all levels. (Paras. 20-21)

Immigrant women: The Committee is concerned that immigrant women living in France continue to suffer from multiple discrimination, including with regard to access to education, employment and health care, and from violence against them.  (Para. 22)

Employment: Furthermore, the Committee urges the State party to create more opportunities for women to have access to full-time employment. The Committee recommends that the State party continue its efforts to allow women and men to reconcile family and professional responsibilities and for the promotion of equal sharing of domestic and family tasks between men and women by providing, inter alia, more and improved childcare facilities. The Committee further recommends that the State party encourage men to share responsibility for childcare, including through awareness-raising activities and by taking parental leave. (Para. 27)

Violence: While appreciating the State party’s efforts to combat violence against women, including through awareness-raising programmes, research and the adoption of Act No. 2006-399 of 4 April 2006 aimed at strengthening the prevention and punishment of domestic violence and violence against children, the Committee remains concerned at the high prevalence of violence, particularly domestic violence, as, inter alia, shown by the recent research demonstrating that a woman dies at the hands of her companion every three days. The Committee urges the State party, in accordance with its general recommendation 19, to take comprehensive measures in order to address all forms of violence against women, including domestic violence. (Para. 28) 

The Committee recommends that the State party analyse all cases of violence against women, particularly those that result in murders of women, and ensure the adoption of effective measures to prevent violence against women and protect them from violence. The Committee further urges the State party to strengthen the cooperation between police, the public prosecutor and non-governmental organizations in the prevention of violence against women. Furthermore, the Committee calls upon the State party to collect comprehensive statistical data disaggregated by age and type of violence and the relationship of the perpetrator to the victim. (Para. 29)

Trafficking and Prostitution: The Committee is concerned at the prevalence of trafficking and that the increase in trafficking in women and girls may lead to an increase in the exploitation of prostitution of women. The Committee is concerned about the scarcity of statistics, data and research on trafficking in women and girls and about the obligation of trafficked women to submit a complaint in order to be granted residence permits. Concerning prostitution, the Committee reiterates its concern about the prohibition of passive soliciting. The Committee is also concerned about the lack of a clear legal definition of sexual harassment in the Labour Code. (Para. 30)

The Committee urges the State party to take all appropriate measures to suppress all forms of trafficking and exploitation of prostitution of women and girls. In that regard, the Committee urges the State party to systematically collect and analyse data, disaggregated by age and social origin, to improve insight into situations of trafficking and related trends and in order to identify the root causes of the phenomenon, and to formulate and implement policies to address such root causes. In order to ensure that trafficked women and girls in need of international protection are not expelled, the Committee recommends that the State party review the obligation of submitting a complaint to be granted residence permits. The Committee calls upon the State party to undertake a comprehensive study on the impact of the Act of 18 March 2003 on internal security, including the prohibition of passive soliciting, on the area of prostitution and to review the definition of sexual harassment. (Para. 31)

Abortion: While noting with appreciation the information on and easy accessibility of contraceptive measures and the access to voluntary termination of pregnancy, the Committee is concerned at the relatively high abortion rate. The Committee recommends that the State party ensure that sex education, including prevention of early pregnancy, be widely promoted and targeted at both girls and boys, women and men, with special attention being paid to migrant and immigrant girls and boys and women and men. The Committee also calls on the State party to provide information on maternal mortality and abortion in its next periodic report. (Paras. 32-33)

Family Name: While noting that Act No. 2002-304 of 4 March 2002 on family names, amended by Act No. 2003-516 of 18 June 2003, which entered into force on 1January 2005, ended the requirement that children born in wedlock carry automatically the name of their father, the Committee is concerned about the remaining sex-based discriminatory aspects of this Act, such as the veto right of the father to oppose the transmission of the mother’s family name in cases where there is no joint declaration or where the parents do not agree. The Committee recommends that the State party amend this legislation in order to conform fully with the Convention. (Paras. 34-35)

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UN Committee against Torture

(CAT/C/FRA/CO/4-6)
Last reported: 20 May 2010

• Waiting areas: While noting the efforts the State party has made to improve the conditions prevailing in waiting areas, (...) the Committee recommends that the State party take steps to ensure that living conditions in waiting areas are in conformity with the requirements of articles 11 and 16 of the Convention, ensuring in particular that minors are shielded from acts of violence by maintaining a strict segregation between minors and adults, and rigorously applying the provisions stipulating that an ad hoc guardian must be assigned to all minors and that any removal proceedings must guarantee their safety, taking account of their vulnerability and with due respect for their person. In addition, the State party is encouraged not to extend the current waiting areas, and to pay particular attention to the implementation and follow-up of the recommendations made by the Inspector-General of places of deprivation of liberty after visits to existing waiting areas. (paragraph 25)
   
• Right of complaint: The Committee remains concerned about the way cases are referred to the National Commission on Security Ethics (CNDS), which cannot accept complaints directly from a person who has been subjected to torture or cruel, inhuman or degrading treatment, but only through a member of Parliament, the Prime Minister or the Children's Ombudsman (art.13).

  The Committee recommends that the State party take steps to allow the National Commission on Security Ethics to accept complaints directly from anyone claiming to have been subjected to torture or cruel, inhuman or degrading treatment in any territory under its jurisdiction, in accordance with article 13 of the Convention. (paragraph 33)

  The Committee is concerned about the consequences, as part of the constitutional reform of 2008, of establishing a "Defender of Rights" (Défenseur des droits) combining, according to the draft constituting legislation, the mandates of the Ombudsman of the Republic, the Children's Ombudsman and the National Commission on Security Ethics. (...) The Committee invites the State party to take all necessary measures to ensure the effective and uninterrupted functioning of the supervisory mechanism established under the Optional Protocol to the Convention (i.e. the Inspector-General of places of deprivation of liberty) and of other complementary independent bodies, which, in addition to their mediating role, have an essential part to play in monitoring rights, thereby ensuring the implementation of the Convention, each in their particular field of expertise. (paragraph 34)

  
   
• Human trafficking: The Committee is concerned at the lack of information provided by the State party regarding the problems of human trafficking and sexual exploitation. The Committee has not yet been adequately informed regarding the prevalence of these practices, nor regarding the measures taken by the State party to combat the trafficking of women and children on its territory (arts. 2 and 16). The Committee recommends that the State party adopt a national plan aimed at combating the trafficking of women and children in all its forms, which would include both measures of criminal justice concerning the prosecution of traffickers and measures for the protection and rehabilitation of victims. The Committee recommends to that end that the State party strengthen its international cooperation with the countries of origin, trafficking and transit, and see to the allocation of sufficient resources for policies and programmes in this area. (paragraph 36)

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UN Committee on Migrant Workers

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UN Committee on the RIghts of Persons with Disabilities

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UN Committee on Enforced Disappearance

(CED/C/FRA/CO/1)

Last reported: 8 May 2013

 

• Disappearance of children: The Committee notes the State party’s position about the appropriateness of French criminal legislation for the prevention and punishment of the disappearance of a child or the falsification or destruction of documents and of the procedures set out in the Code of Civil Procedure for the annulment of an adoption decree in exceptional cases in which the judge acting in good faith was misled. The Committee expresses concern about the State party’s view that the implementation of article 25, paragraph 1, of the Convention does not require specific provisions applicable to the situations resulting from the commission of enforced disappearances. (paragraph 36)

  The Committee recommends that the State party should incorporate the acts described in article 25, paragraph 1, of the Convention into Bill No. 736 as offences  specifically related to enforced disappearance and punish them with appropriate penalties that take into account the extreme seriousness of the offences. The Committee also recommends introducing an explicit provision into the Code of Civil Procedure that an appeal for review of adoption decrees should cover adoption that originated in an enforced disappearance as a legal basis for the appeal. The Committee recommends that the State party should ensure, in all cases, that the best interests of the child are a primary consideration, in accordance with article 25, paragraph 5, of the Convention, and that a child who is capable of forming his or her  own views has the right to express those views freely, the views of the child being given due weight in accordance with the age and maturity of the child. (paragraph 37)

• Impact of disappearances on women and children: The Committee emphasizes the brutal impact of enforced disappearances on women and children. Women victims of disappearance are particularly vulnerable to sexual and other forms of violence, and women belonging to the family of a disappeared person are subjected to violence, persecution and reprisals. As for child victims of enforced disappearance, they are particularly vulnerable to identity substitution. The Committee therefore stresses the need for the State party to guarantee that women and child victims of enforced disappearance receive specific protection and assistance. (paragraph 39)
   

 

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