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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ___________________________________________________________________ While welcoming the establishment of the working group on unaccompanied children, the Committee is deeply concerned at the situation of unaccompanied children placed in the waiting zones of French airports. Furthermore, it is concerned that the decision of placement cannot be challenged, that the legal requirement of the appointment of an ad hoc administrator is not systematically applied and that there is no psychological assistance available for these children particularly vulnerable to exploitation. The Committee also expresses concern that children are often returned to countries where they face risk of exploitation without a proper assessment of their condition. The Committee also expresses concern at the lack of a systematic inclusion of unaccompanied minors into systems of social services, education and language schools, as well as the absence of a clear legal status for unaccompanied children admitted on the State party’s territory. Taking into account the Committee’s General Comment No. 6 (CRC/GC/2005/6) on the treatment of unaccompanied and separated children outside their country of origin, the Committee urges the State party to: (a) Take all necessary measures to enable the decision of placement in waiting zones to be challenged; The Committee is further concerned that despite the negative assessment the National Consultative Committee on Ethics for Health and Life Sciences on the use of bone test to determine the age of the person, the State party continues to use this method. The Committee reiterates its previous recommendation and urges the State party to introduce recent methods of age determination which have been proven to be more accurate than the determination by bone test currently in use. (Paragraphs 84 to 88) UN Human Rights Committee 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) UN Committee against Torture 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) Universal Periodic Review (2012) - 120.164 Limit the use of detention of migrants and asylum seekers, especially when families with young children are concerned (Norway); (accepted) The Committee takes note of the State party’s acknowledgment of the problematic length of family reunification procedures for recognised refugees, but reiterates its concern at the lack of comprehensive information on such procedures, their length, as well as at the limited possibilities for children to assert their right to family reunification when they arrive in France. It further expresses concern at reports of family separation due to the deportation of parents and at the Law No. 2007-1631 of 21 November 2007 on the control of immigration, integration and asylum, which imposes on recognised refugees more restrictive criteria for family reunification, including DNA testing and language proficiency. (Paragraph 89) The Committee is also concerned at the fact that the institution of the Kafalah recognised by international law and by the Convention is not applied in the State party within the context of family reunification and at the lack of implementation of the jurisprudence of the Council of State (Conseil d’Etat) of the 24 March 2004, which considered that the decision made by the French local authorities to prevent a child from entering France to join her Kafalah parents infringed the right to private and family life. The Committee recommends that the State party: (a) Continue its effort to significantly reduce the length of family reunification procedures for recognised refugees; UN Human Rights Committee 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) UN Special Rapporteur on racism Those who spoke with the Special Rapporteur acknowledged that the Pasqua Acts are difficult to apply and raise delicate problems of interpretation. In this connection, the National Consultative Commission on Human Rights emphasises the "vicious circle" in which foreigners who are supposedly "protected" against expulsion measures find themselves. If they are married to a French person or political refugee or are the parent of a French child, they cannot be expelled. However, if they find themselves in the slightest difficulty with the law, there is no way for them to extricate themselves. They are refused any opportunity to resolve the situation. If they return to their country of origin in order to request a visa, as the administration advises them to do, they may not be permitted to rejoin their families. The Commission therefore proposes that their situation should be regularised.(Paragraph 34) The Committee notes that the State party has undertaken measures to attenuate the consequences of the Law No. 2004-228 of 15 March 2004 banning the wearing of “signs or dress through which pupils ostensibly indicate which religion they profess in public, primary and secondary schools”, including the establishment of a mediator in the national public education system. Nevertheless, the Committee endorses the concluding observations of CEDAW, that the ban should not lead to a denial of the right to education for any girl and their inclusion into all facets of the State party’s society (CEDAW/C/FRA/CO/6, para. 20), as well as those adopted by the Human Rights Committee noting that respect for a public culture of laïcité would not seem to require forbidding wearing such common religious symbols (CCPR/C/FRA/CO/4, para. 23). The Committee recommends that the guarantees of article 14 of the Convention concerning the right of the child to freedom of thought, conscience and religion, including the right to manifest one’s religion in public as well as private, be upheld and that particular attention be paid to avoid discrimination on the grounds of thought, conscience or religion. (Paragraphs 45 and 46) UN Human Rights Committee 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) The Special Rapporteur is of the opinion that the 2004 legislation on the wearing of conspicuous religious symbols in public schools is appropriate insofar as it is intended, in accordance with the principle of the best interests of the child, to protect the autonomy of minors who may be pressured or forced to wear a headscarf or other religious symbols. However, the law denies the rights of those minors who have freely chosen to wear a religious symbol to school as part of their religious belief. UN Special Rapporteur on civil and political rights, including religious intolerance The Special Rapporteur is of the opinion that the 2004 legislation on the wearing of conspicuous religious symbols in public schools is appropriate insofar as it is intended, in accordance with the principle of the best interests of the child, to protect the autonomy of minors who may be pressured or forced to wear a headscarf or other religious symbols. However, the law denies the rights of those minors who have freely chosen to wear a religious symbol to school as part of their religious belief. Universal Periodic Review (2012) - 120.23 Look into amending the ban on students wearing religious symbols in schools, including the hijab (Kuwait); (rejected) The Committee is concerned, despite the State party’s efforts to develop mental health programmes and services for adolescents, such as centres for adolescents, at the low level of adolescent well being, which includes problems such as eating disorders and addictions, exposure to risks of STDs and suicides and attempted suicides. The Committee is further concerned at the incidence of substance abuse by adolescents in the State party, including its Overseas Departments and Territories. The Committee recommends that the State party continue to address the issue of mental health and substance abuse by adolescents across the State party, including by: (a) Strengthening mental health and counselling services ensuring that they are accessible and sensitive to adolescents in all jurisdiction, including the Overseas Departments and Territories; UN Committee on Economic, Social and Cultural Rights 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) The Committee notes with appreciation the numerous efforts of the State party (b) That significant inequalities persist with regard to school achievement of children living with parents in economic hardship. Several groups of children encounter problems being enrolled in school or continuing or re- entering education, either in regular schools or alternative educational facilities, and cannot fully enjoy their right to education, notably children with disabilities, children of Travellers, Roma children, asylum-seeking children, dropouts and non-attendees for different reasons (sickness, family obligations etc.), and teenage mothers; The Committee recommends that the State party: (d) Invest considerable additional resources in order to ensure the right of all children to a truly inclusive education which ensures the full enjoyment to children from all disadvantaged, marginalised and school-distant groups; (Paragraphs 80 and 81) UN Committee on Economic, Social and Cultural Rights 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) Universal Periodic Review (2012) - 120.70 In line with article 1 of the French Constitution, take further measures to combat racial discrimination, xenophobia and other forms of intolerance and address related issues such as access to education, employment, housing and health of the people belonging to minority groups (Sri Lanka); (accepted) The Committee notes the establishment of cooperation agreements with some countries of origin of children trafficked for sexual or other exploitative purposes. However, the Committee expresses concern at the high number of children subjected to exploitation, including trafficking and who enter or travel through France for the purposes of theft, begging and prostitution. The Committee recommends that the State party adopt further measures to combat trafficking of children for sexual and other exploitative purposes. It further recommends that the State party intensify its efforts to collect data on the extent of sexual exploitation and sale of children, in order to determine the adequate measures to be taken to combat these problems, including in the Overseas Departments and Territories. (Paragraphs 92 and 93) UN Committee against Torture 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) UN Special Rapporteur on the sale of children See full report here: http://www.crin.org/resources/infodetail.asp?ID=25615. Universal Periodic Review (2012) - 120.119 Implement CRC recommendations by setting a national plan to fight trafficking in women and children (Libya); (accepted) The Committee notes the establishment of cooperation agreements with some countries of origin of children trafficked for sexual or other exploitative purposes. However, the Committee expresses concern at the high number of children subjected to exploitation, including trafficking and who enter or travel through France for the purposes of theft, begging and prostitution. The Committee recommends that the State party adopt further measures to combat trafficking of children for sexual and other exploitative purposes. It further recommends that the State party intensify its efforts to collect data on the extent of sexual exploitation and sale of children, in order to determine the adequate measures to be taken to combat these problems, including in the Overseas Departments and Territories. (Paragraphs 92 and 93) UN Special Rapporteur on the sale of children See full report here: http://www.crin.org/resources/infodetail.asp?ID=25615. Universal Periodic Review (2012) - 20.125 Provide an update at the mid-term review on which specific measures it has put in place to combat trafficking of children and child prostitution (Hungary); (accepted) - 120.126 Adopt comprehensive measures to combat paedophilia and the increase of child prostitution (Belarus); (accepted) - 120.127 Establish structures providing assistance and systematic protection to all minors in the situation of prostitution (Belgium); (accepted) - 120.128 Continue making every effort to ensure greater protection against child prostitution and pornography (Chile); (accepted) While welcoming the inclusion in school curricula of activities to counter racism, anti-Semitism and xenophobia, the Committee expresses concern at persistent discrimination, in particular in the field of economic and social rights, hampering social progress, justice and non discrimination, especially with respect to children residing in the Overseas Departments and Territories, asylum seeking and refugee children, as well as children belonging to minority groups such as Roma, travellers (“gens du voyage”) and religious minorities. It further expresses concern that the new law on control of immigration, integration and asylum providing for DNA testing for immigration applicants and quotas for deportations, could contribute to generate a climate of discrimination against immigrant children. The Committee urges the State party to ensure full protection against discrimination in the field of economic and social rights and on the grounds of race, origin, colour, name, ethnic or social origin, name or other grounds. It urges the State party to continue its efforts to eliminate regional disparities and to take measures to prevent and combat the persistent discrimination of foreign children and children belonging to minority groups, and create a climate of social progress, justice and equality. The Committee further urges the State party to take all necessary measures to ensure that cases of discrimination against children in all sectors of society are effectively addressed. (Paragraphs 30 and 31) The Committee is also concerned at the stigmatisation, including in the media and in school, of certain groups of children, in particular vulnerable children and children living in poverty, such as Roma and disabled children, children belonging to minorities and children living in suburbs (banlieues), which leads to a general climate of intolerance and negative public attitudes towards these children, especially adolescents, and may be often the underlying cause for further infringements of their rights. The Committee is further concerned at the general negative attitude of the police towards children, in particular adolescents. The Committee recommends that the State party take measures to address the intolerance and inappropriate characterisation of children, especially adolescents, within the society, including in the media and in school, and to promote the positive and constructive attitude of the police towards children and adolescents. (Paragraphs 32 and 33) The Committee notes with appreciation the numerous efforts of the State party (b) That significant inequalities persist with regard to school achievement of children living with parents in economic hardship. Several groups of children encounter problems being enrolled in school or continuing or re- entering education, either in regular schools or alternative educational facilities, and cannot fully enjoy their right to education, notably children with disabilities, children of Travellers, Roma children, asylum-seeking children, dropouts and non-attendees for different reasons (sickness, family obligations etc.), and teenage mothers; The Committee recommends that the State party: (d) Invest considerable additional resources in order to ensure the right of all children to a truly inclusive education which ensures the full enjoyment to children from all disadvantaged, marginalised and school-distant groups; (Paragraphs 80 and 81) The Committee notes with appreciation the measures taken by the State party to promote cultural, religious and linguistic diversity, outlined in the Annex II of the State party report. The Committee also takes note of the State party’s position with regard to its reservation to article 30 of the Convention and reiterates its concern that equality before the law may not be sufficient to ensure equal enjoyment of rights of minority groups and indigenous peoples of Overseas Departments and Territories, who may face de facto discrimination. It further expresses concern over the lack of validation of cultural knowledge transmitted to children belonging to minority groups, in particular travellers and Roma children and the discrimination they face in particular with regard to economic, social and cultural rights, including right to adequate housing and standard of living, education and health. The Committee recommends that the State party ensures that minority groups and indigenous peoples of Overseas Departments and Territories enjoy equal enjoyment of their rights and that children receive the possibility to validate their cultural knowledge without discrimination. It further urges the State party to take measures to eliminate all discrimination of children belonging to minority groups, in particular with regard to their economic and social rights. (Paragraphs 101 and 102) UN Committee on the Elimination of Racial Discrimination 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) The Committee notes the establishment of a Controller General of places of deprivation of liberty (Contrôleur général des lieux de privation de liberté) on 30 October 2007 and welcomes that the State party included in its report, information on the conditions of detention of children. However, it is concerned at allegations of acts of ill-treatment of children in places of detention by public officials and regrets that information on this issue is missing in the State party report. The Committee further expresses concern at the high number of reported incidences of excessive use of force against children by law enforcement officials, in particular by police officers and at the low number of cases which resulted in a prosecution and conviction. The Committee recommends that the State party establish an effective monitoring system on the treatment of all detained children and ensure that all allegations of torture, or other cruel, inhuman or degrading treatment or punishment are promptly and properly investigated and that the perpetrators are prosecuted and punished. The State party should further raise awareness and enhance the training on human rights of the child for law enforcement officials. (Paragraphs 54 and 55) UN Committee against Torture 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 Universal Periodic Review (2012) - 120.95 Take the necessary steps to ensure that allegations of ill-treatment by security forces in detention centres are promptly investigated, through a transparent and independent procedure, especially when they relate to particularly vulnerable groups such as minors (Spain); (accepted) The Committee welcomes the adoption of the Law No. 2005-102 of 11 February 2005, which enshrines the equal right to education and enrolment in school for children with disabilities in accordance with article 23 of the Convention. However, it is concerned at the high number of children with disabilities who, in practice, attend school only a few hours per week. While welcoming the establishment of additional posts for specialised assistants (auxiliaires de vie), the Committee expresses concern at the instability in contractual arrangements and insufficient training opportunities. The Committee further notes some deficiencies with regard to specialised care, in particular for children suffering from multiple disabilities, access to leisure and cultural activities, as well as the lack of structures in Mayotte, Wallis and Futuna which hampers the implementation of aforementioned law. In light of the Convention on the Rights of Persons with Disabilities and the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party: (a) Take all necessary measures to ensure that legislation providing access to education, as well as programmes and specialised assistance for children with disabilities, are effectively implemented and ensure the full enjoyment of their rights under the Convention on the entire territory of the State party, including in Overseas Departments and Territories; Universal Periodic Review (2012) - 120.50 Intensify its efforts to enhance the protection of the rights of vulnerable groups and persons with disabilities, particularly women and children and speed up the accession to the Optional Protocol to the ICESCR (Iraq); (accepted) The Committee urges the State party to ensure that juvenile justice (f) Expand the use of reintegration and alternative measures to deprivation of liberty, such as diversion, mediation, probation, counselling and community services and strengthen the role of families and communities in this regard; (Paragraph 97) Universal Periodic Review (2012) - 120.113 Take further measures in the same direction of the previous ones for the social reintegration of juvenile delinquents (Greece); (accepted) While taking note of the State party’s assertion that all forms of physical corporal punishment are prohibited in the French Penal Code, the Committee reiterates its concern that corporal punishment, in particular in the home, as well as in schools, remains widespread, especially in the Overseas Departments and Territories, and that a specific provision to prohibit explicitly corporal punishment against children is still missing. Reiterating its previous recommendation and in accordance with its General Comment No. 8, the Committee recommends that the State party explicitly prohibit corporal punishment in all settings, including in the family, in schools, in institutions and other childcare settings, increase awareness-raising in this respect and promote the value of education without violence according to article 28, para. 2 of the Convention. In this endeavour, the Committee further recommends that the State party follow-up on the Council of Europe’s campaign to achieve full prohibition of all forms of corporal punishment which it has signed up for. (Paragraphs 57 and 58) Universal Periodic Review (2012) - 120.116 Take all the necessary legal measures to explicitly ban the corporal punishment of children in all settings, including the family, schools and institutions (Uruguay); (accepted) - 120.117 Introduce legislation to explicitly prohibit all corporal punishment of children as recommended by the Committee on the Rights of the Child (Finland); (accepted) - 120.118 Consider introducing provisions explicitly prohibiting corporal punishment against children (Poland); (accepted) The Committee takes note of the enactment of the Law No. 2006-911 of 24 July 2006 with regard to Mayotte, which stipulates that all births must be registered and encourages the strengthening of the process by the Civil Status Review Commission (Commission de révision de l’état civil). The Committee further acknowledges the constraints with regard to the accessibility of children living along the Maroni and Oyapock rivers in French Guyana. The Committee recommends that efforts be continued to ensure birth registration for all children on the State party’s territory. It further reiterates its previous recommendation urging the State party to increase its efforts to ensure birth registration for all children in French Guyana. (Paragraphs 41 and 42) Universal Periodic Review (2012) - 120.131 Ensure the birth registration of all children in French Guyana (Brazil); (accepted)
Inappropriate use of and conditions in detention for asylum-seeking, refugee and unaccompanied children, including the use of “waiting zones” in airports
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
(b) Systematically appoint an ad hoc administrator as required by its domestic law;
(c) Ensure the access and availability of adequate psychological assistance to unaccompanied children and to children within the waiting zones from exploitation, in particular through strict surveillance of access to these zones;
(d) Ensure, with due consideration of the best interests of the child, that children in need of international protection and at risk of being re- trafficked, are not returned to the country where this danger exists.
Last reported: 31 July 2008
Last reported; 20 May 2010
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Barriers and delays to family reunification of refugees
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
(b) 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 method is al ways subject to the prior informed consent of the applicant.
(c) Recognise the Kafalah system within the context of family reunification and give effect to the jurisprudence of the Council of State (Conseil d’Etat) of the 24 March 2004. (Paragraphs 89 to 91)
Last reported: 31 July 2008
Country visit: 29 September to 9 October 1995
Report published: 18 November 1996
The amendment of the Nationality Code is in contradiction with the Government's integration policy because it eliminates the automatic right to French nationality of children of foreigners who are born in France. Such children must now state their wish to become French between the ages of 16 and 21 and their parents no longer have the right to request this nationality while they are minors. Anyone convicted of a crime or an offence and sentenced to six months or more in prison between the ages of 16 and 21 is deprived of this right. French nationality may also be refused if a sentence of expulsion or escort to the border has been handed down. (Paragraph 35).
Some feel that these measures make the legal situation of young foreigners, particularly young first-generation or second-generation Algerians, a precarious one. (Paragraph 36).
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Ban on religious symbols in schools
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
Last reported: 31 July 2008
Moreover, the implementation of the law by educational institutions has led, in a number of cases, to abuses that provoked humiliation, in particular amongst young Muslim women. According to many voices, such humiliation can only lead to the radicalisation of the persons affected and those associated with them. Furthermore, the stigmatisation of the headscarf has provoked acts of religious intolerance when women wear it outside school, at university or in the workplace. Among other recommendations, the Special Rapporteur encourages the Government to take appropriate measures to better inform school authorities, and more generally the French population, about the exact nature and purpose of the law. It should be made clear that the wearing or display of religious symbols is an essential part of the right to manifest one’s religion or belief, that can only be limited under precise conditions.
Country visit: 18 to 19 September 2005
Report published: 8 March 2006
Moreover, the implementation of the law by educational institutions has led, in a number of cases, to abuses that provoked humiliation, in particular amongst young Muslim women. According to many voices, such humiliation can only lead to the radicalisation of the persons affected and those associated with them. Furthermore, the stigmatisation of the headscarf has provoked acts of religious intolerance when women wear it outside school, at university or in the workplace. Among other recommendations, the Special Rapporteur encourages the Government to take appropriate measures to better inform school authorities, and more generally the French population, about the exact nature and purpose of the law. It should be made clear that the wearing or display of religious symbols is an essential part of the right to manifest one’s religion or belief, that can only be limited under precise conditions.
- 120.24 Consider revising its law prohibiting people from wearing religious symbols in public schools (Malaysia); (rejected)
- 20.29 Reconsider both the bans on students wearing ostentatious, religious symbols in public schools and on full-face concealment in public spaces to ensure expression of freedom of religion or belief (Thailand); (rejected)
- 120.30 Strengthen the surveillance of the law of 15 March 2004 with the aim of not adversely affect the education of girls and adolescents who profess the Muslim, Jewish or Sikh religion, and develop all necessary measures to promote inclusion (Uruguay); (rejected)
- 120.31 Reconsider the Act on banning conspicuous religious symbols in public schools and the Act on banning Niqab in public places in the light of its relevant obligations under the international human rights law (Egypt); (rejected)
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Inadequate mental health provision for children
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
(b) Studying the root causes of these problems in order to provide targeted preventive measures;
(c) Providing children with accurate and objective information on toxic substances, as well as support to those attempting to abandon their use or dependency. (Paragraphs 76 and 77)
Last reported; May 2008
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Inequality in provision of education, particularly affecting children from minority and immigrant backgrounds and children facing economic hardship
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
in the field of education, in order to guarantee the objectives set out in the Convention.
The Committee nevertheless is concerned:
Last reported: May 2008
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Trafficking of children, particularly for sexual exploitation
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
Last reported: 20 May 2010
Country visit: 25 to 29 November 2002
Report published: 14 October 2003
- 120.120 Consider adopting a national plan to combat trafficking in persons in the context of the measures taken to promote and protect the rights of women and children (Peru); (accepted)
- 120.121 Establish a national plan to combat trafficking in persons and trafficking in women and children (Spain); (accepted)
20.125 Provide an update at the mid-term review on which specific measures it has put in place to combat trafficking of children and child prostitution (Hungary); (accepted)
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Sexual exploitation of children, including for sex work and child abuse imagery
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
Country visit: 25 to 29 November 2002
Report published: 14 October 2003
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Discrimination against children from Roma backgrounds
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
in the field of education, in order to guarantee the objectives set out in the Convention.
The Committee nevertheless is concerned:
Last reported: 23 September 2010
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Inadequate complaints procedure in relation to ill-treatment amounting to torture, inhuman or degrading treatment of punishment
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
Last reported: 20 May 2010
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Inadequate protection of, and provision of services for, children with disabilities
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
(b) Develop early identification and intervention programmes;
(c) Provide training and stability for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers;
(d) Develop a comprehensive national strategy with appropriate gender sensitivity for the inclusion of children with disabilities in the society;
(e) Undertake awareness-raising campaigns on the rights and special needs of children with disabilities, which encourage their inclusion in society and prevent discrimination and institutionalisation. (Paragraphs 69 and 70)
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Inadequate use of reintegration measures within the juvenile justice system
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
standards are fully implemented, in particular articles 37 (b), 40 and 39 of the
Convention, as well as the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules), the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines)
and the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty (the Havana Rules). In particular, the Committee urges the State party
to, while taking into account the Committee’s general comment No. 10 on the
administration of juvenile justice (CRC/C/GC/10, 2007):
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Corporal punishment
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
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Inadequate birth registration in French Guyana
UN Committee on the Rights of the Child (Concluding Observations, June 2009)
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