Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/france.txt

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TITLE:  FRANCE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             FRANCE


France is a democratic republic with constitutional provisions
for human rights, a directly elected president and parliament,
and an independent judiciary.

The military and security apparatus consists of the three
traditional military services, a gendarmerie (national police
and paramilitary force), and municipal police forces in major
cities.  All are under effective government control.

France's highly developed and diversified economy is primarily
market-based.

The Constitution extensively provides for human rights, and the
Government has a good record of investigating and prosecuting
violations of these provisions.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial
killings.  A police officer who in 1993 was charged with
involuntary manslaughter for shooting a robbery suspect in the
course of an arrest received in 1994 a suspended 1-year prison
sentence.  Still under investigation at year's end were two
other 1993 cases of police use of force that resulted in death,
and two 1994 cases.

     b.  Disappearance

There were no reports of disappearance.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The law prohibits such treatment or punishment.  While isolated
instances of police misconduct have occurred, there is no
evidence of a pattern of such abuses or that the investigation
of such cases is routinely delayed or left incomplete.

In November a police officer who was charged with assault and
battery against a doctor from the Central African Republic was
found innocent; the case is under appeal.

     d.  Arbitrary Arrest, Detention, or Exile

The law provides for freedom from arbitrary arrest and
imprisonment, and the Government fully respects this.  Police
must refer arrests to a magistrate within 4 days, or 2 days for
drug and terrorism cases.  Pretrial confinement is very rare.
For misdemeanors other than some narcotics offenses, it
normally is limited to 4 months, but in certain circumstances
it can be extended by about 8 to 12 months.

In August, after terrorists assassinated 5 French officials in
Algeria, French police detained 26 resident non-French Muslims
suspected of supporting Algerian terrorists.  The 26 were held
several weeks before 20 were deported to Burkino Faso.  French
human rights groups argued that the detainees' constitutional
rights were violated in that:  they were never charged with a
crime; they were not permitted to remain in their own place of
residence; and those deported were not given a hearing.  The
Government asserts that the 26 presented an imminent danger to
public order and security, and that it therefore acted within
the law.  At least seven deportees appealed to the
administrative courts; by year's end a court overturned one
deportation order, involving several defendants, but the
Government appealed this.  The other cases await decision.

For narcotics smuggling convictions the courts commonly assess
not only a jail sentence but also a "customs fine" based on the
contraband's estimated value, which usually exceeds by far any
financial assets of the convicted smuggler.  Upon conclusion of
the jail sentence, the prisoner is not released until the fine
is paid.  Most prisoners cannot pay it, and so are further
detained for up to 2 years--the period is determined by customs
officials who, for as long as seems worthwhile, attempt to
obtain the largest possible partial settlement from the
detained prisoner and his or her family.

There are no provisions for exile, and it does not occur.

     e.  Denial of Fair Public Trial

The law provides for the right to fair public trial, and the
authorities respect this.

Trials are normally public, although the defense can request a
closed proceeding.  All felonies are tried before juries.  The
press has free access to records of court proceedings, although
the prosecutor may not disclose information about cases being
tried or investigated.

The law provides for the right of appeal for those convicted of
misdemeanors.  Those convicted of felonies may appeal only on
procedural grounds.

France has no political prisoners.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

French law provides for freedom from invasion of privacy, and
the authorities respect this.  Police must obtain a judicial
warrant in order to search a private residence, except when
responding to a crime in progress.  They can conduct such a
search only between 6 a.m. and 9 p.m., except in special
circumstances such as a crime in progress or a drug case.
Telephone conversations may be monitored only under a court
order in conjunction with criminal proceedings, except in
national security cases.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The law provides for freedom of speech and press, and the
Government generally respects this.  However, in August,
following the terrorist murders of French citizens in Algeria,
it banned the distribution of five Middle Eastern-oriented
publications, contending that they encouraged terrorism.  It
has also banned distribution of a skinhead publication, on the
grounds that it promoted racist and anti-Semitic violence.
These bans remained in effect through year's end, with no
reported protests of them.

There are three state-owned and three private television
networks, in addition to private cable channels.  Hundreds of
private radio stations also offer uncensored programming.

Academic freedom is respected.

     b.  Freedom of Peaceful Assembly and Association

The Government does not arbitrarily restrict peaceful assembly
or association.  Sponsors of public events must give advance
notification to local authorities, who normally raise no
objection.  A denial of permission can be appealed to the
highest administrative court (the Council of State).

     c.  Freedom of Religion

The law provides for separation of church and state, and the
Government respects this.  In 1989 the highest administrative
court ruled that the "ostentatious" wearing of headscarves by
Muslim female students violated a law prohibiting proselytizing
in schools.  After much media attention--mainly unfavorable--to
the wearing of such headscarves, in September 1994 the Ministry
of Education issued a directive that prohibits the wearing of
"ostentatious political and religious symbols" in schools.
This does not specify the "symbols" in question, and it leaves
school administrators with considerable authority to do so.
Reportedly, authorities in various schools subsequently invoked
this directive to keep out a total of about 80 students wearing
such scarves (while several hundred others continue to wear
them in school).  Some Muslims and Jews are protesting the
measure.

     d.  Freedom of Movement within the Country, Foreign
         Travel, Emigration, and Repatriation

The law provides for freedom of internal movement, foreign
travel, emigration, and repatriation, and the Government does
not hamper these rights.  The Government participates closely
with the U.N. High Commissioner for Refugees in assisting
refugees to settle in France or elsewhere.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens have the right and ability to change their government
through periodic free and fair elections, with universal adult
suffrage and secret balloting.  They also occasionally exercise
this right through national referendums on amendments to the
Constitution.

The citizens of the "collective territory" of Mayotte and the
territories of French Polynesia, Wallis and Futuna, and New
Caledonia determine their legal and political relationships to
France by means of referendums, and they elect deputies and
senators to the French Parliament.

Presidential elections by direct popular vote are conducted
every 7 years.  Representatives to the National Assembly, the
lower chamber of Parliament, are directly elected every 5
years, unless the Government is dissolved sooner.  Senators are
elected indirectly, by an electoral college, for 9-year terms;
elections for one-third of this chamber are held every 3
years.  The President selects the Prime Minister from the party
or coalition that has the parliamentary majority.

There are no restrictions in law on the participation of women
in politics or government, but they remain significantly
underrepresented in public offices, especially at the national
level.  In 1994, their numbers were 3 of 30 members of the
Cabinet, 17 of 321 Senators, and 34 of 577 deputies in the
National Assembly.  Some parties have established quotas for
women on electoral lists or in party management.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

A wide variety of local and international human rights
organizations operate freely in France.  The French National
Consultative Commission on Human Rights (NCCHR)--which has
nongovernment as well as government members--monitors
complaints and advises the Government on policies and
legislation.  It is an independent body within the Office of
the Prime Minister.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

Statutes ban discrimination based on race, religion, sex,
ethnic background, or political opinion.  In March the
Parliament amended the Penal Code to increase prison terms and
fines for persons found guilty of discriminating on the basis
of race, origin, religion, or appearance, or of desecrating
grave sites of a specific ethnic, religious, national, or
racial group; also, to make organizations as well as
individuals liable to charges of discrimination, and to broaden
the definition of crimes against humanity.

     Women

The Penal Code prohibits abuse as well as violence against
women, and specifically criminalizes wife beating.  Amendments
in March upgraded the crime from a misdemeanor to a felony.
The penalty for rape ranges from 15 years to life in prison,
with no differentiation between spousal and other rape.  Some
13,000 incidents of wife beating were reported to police in
1990 (latest data).  Most of the reported assaults on women--54
percent--were committed by spouses, and most of the rest by
other male partners.  About 60 private associations help
battered women.  The Government offers shelter, counseling, and
financial assistance, and operates a telephone hot-line.

While the law requires that women receive equal pay for equal
work, this is often not the reality.  Among professionals and
managers, the mean discrepancy between wages of women and of
men in comparable positions was 29.4 percent in 1993 (latest
data), a slight improvement from 31 percent in 1986.  In 1993
the pay gap among white-collar employees was 11.4 percent (in
1986, 18 percent), and 17 percent among skilled blue-collar
workers (in 1986, 24 percent).  Women are underrepresented in
the senior ranks of government service (they constituted 12
percent in 1990--latest data) and industry.  In 1987 the
Government initiated a program to help women enter professions
previously dominated by men.  It reimburses a participating
firm for up to 50 percent of a trainee's educational and other
expenses.  In 1993 (latest data), 119 women entered this
program.

     Children

There are strict laws against child abuse, particularly when
committed by a parent or guardian.  In 1993 (latest data) there
were 6,500 cases of physical violence against children.
Another 6,000 children were victims of mental cruelty or severe
negligence.  Special sections of the national police and
judiciary are charged with handling these cases.  The
Government provides counseling, financial aid, foster homes,
and orphanages, depending on the extent of the problem.
Various associations help minors seek justice in cases of
mistreatment by parents.

Some immigrants from countries where female genital mutilation
(FGM) is customary subject their children to this.  French
authorities have prosecuted some cases involving FGM and have
undertaken an information campaign to inform immigrants that
FGM is contrary to the law and will be prosecuted.

     National/Racial/Ethnic Minorities

Anti-immigrant sentiments sparked incidents including
occasional attacks by skinheads on members of the large
Arab/Muslim and black African communities, and on the Jewish
population.  In March the annual report of the NCCHR (see
Section 4) noted a sharp rise in attacks and threats, from 172
in 1992 to 342 in 1993.  In response, the Government initiated
a program to combat racism and anti-Semitism through a campaign
to promote public awareness and bring together local officials,
police, and concerned associations; it also initiated
antiracist educational programs in Paris public schools, and
(see Section 2.a.) banned distribution of a skinhead
publication.  NCCHR data indicate there were 52 arrests in 1993
and 56 during the first 9 months of 1994 for racist attacks or
threats.  (No data are available on convictions.)

The NCCHR's report also implicitly criticized some of the 1993
revisions of the Immigration Law, asserting that "useless and
vexing" bureaucratic hurdles in obtaining documentation, such
as identity papers, sometimes resulted in separation of spouses
and even separation of children from parents.

The police make arbitrary identity checks in areas of high
immigrant concentration, particularly those with relatively
many black or Maghrebi residents.  They stepped up these
activities in August, when the Minister of Interior--responding
to the assassinations of French officials in Algeria--ordered a
widespread crackdown on suspected or potential terrorist
networks in France.

     Religious Minorities

The NCCHR report in March noted a sharp increase also in the
number of anti-Semitic incidents, from 103 in 1992 to 299 in
1993.  Government sources indicate that in 1994 some 20 Jewish
and Muslim graves were desecrated.  No arrests were made for
anti-Semitic attacks or threats in 1993, but there were eight
arrests on such charges during the first 9 months of 1994.
These cases are under investigation.

In April a pro-Nazi militia officer, Paul Touvier, who was
convicted of ordering the murder of Jewish prisoners in 1944,
became the first French citizen to be convicted of World War II
crimes against humanity.  He was sentenced to life imprisonment.

     People with Disabilities

The law provides extensive protection as well as welfare
benefits for people with disabilities.  Since 1988 the law has
mandated that disabled persons make up at least 6 percent of
all public and private enterprises with 20 or more employees.
In some cases the Government will reimburse employers up to 20
percent of the costs of employing a disabled person.  A 1993
study concluded that the program was successful in meeting its
goals in the public sector; while it found the private sector
also largely in compliance, it noted that firms often chose not
to hire the handicapped themselves but rather to take advantage
of a provision permitting companies to pay into a special fund
to help government agencies provide such employment.

A 1991 law requires new public buildings to be accessible to
the physically handicapped.

In March the Government's Ombudsman reported that, despite
governmental action, disabled people still faced considerable
obstacles to the exercise of some of their rights.  He called
for greater coordination between central and local governments,
private social workers, and the handicapped themselves and
their families.  The Government has not yet responded to the
Ombudsman's report.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution provides for freedom of association for all
workers.  Although less than 10 percent of the total work force
is unionized (12 to 15 percent in the public sector, 5 to 6
percent in the private sector), trade unions exercise
significant economic and political influence.  They have
legally mandated roles (as do employers) in administering
social institutions, including social security (health care and
most retirement systems), the unemployment insurance system,
labor courts, and the Economic and Social Council, a
constitutionally mandated consultative body.

The unions are independent of the Government, however, and most
are not aligned with any political party.  Many of the leaders
of the General Confederation of Labor and its unions belong to
the Communist Party.

Unions can freely join federations and confederations,
including international ones.

Workers, including civil servants, are free to strike except
when a strike threatens public safety.  As one-fourth of all
salaried employees work for the Government, strikes in the
public sector tend to be fairly numerous and receive extensive
media coverage.  In 1994 there were a few, brief strikes in
both the public and private sectors; none brought out large
numbers or involved long work stoppages.

The law prohibits retribution against strikers or strike
leaders, and the Government effectively enforces this.

     b.  The Right to Organize and Bargain Collectively

Workers, including those in the three small export processing
zones, have the right to organize and bargain collectively.
The law strictly prohibits antiunion discrimination; employers
found guilty of it are required to reinstate workers fired for
union activities.

A 1982 law requires at least annual bargaining in the public
and private sector on wages, hours, and working conditions at
both plant and industry levels, but does not require that
negotiations result in a signed contract.  In case of an
impasse, government mediators may impose solutions that are
binding unless formally rejected by either side within a week.
If no new agreement can be reached, the contract from the
previous year remains valid.  Over 80 percent of the
private-sector work force is covered by collective bargaining
agreements negotiated at national or local levels.  Trilateral
consultations also take place on such subjects as the minimum
wage, temporary work, social security, and unemployment
benefits.  Labor tribunals, composed of worker and employer
representatives, are available to resolve complaints.

The law requires businesses with more than 50 employees to have
a works council, in which workers are consulted on training,
working conditions, profit-sharing, and similar issues.  Works
councils, which are open to both union and nonunion employees,
are elected every 2 years.

The Constitution's provisions for trade union rights extend to
France's overseas departments and territories.

     c.  Prohibition of Forced or Compulsory Labor

Forced or compulsory labor is prohibited by law, and the
Government effectively enforces this.  In its 1993 report,
however, the ILO's Committee of Experts questioned the French
practice of obliging French prisoners to work for private
enterprises at less than the national minimum wage.

     d.  Minimum Age for Employment of Children

With a few exceptions for those enrolled in certain
apprenticeship programs, children under the age of 16 may not
be employed.  Generally, work considered arduous or work
between the hours of 10 p.m. and 5 a.m. may not be performed by
minors under age 18.  Laws prohibiting child employment are
effectively enforced through periodic checks by labor
inspectors.

     e.  Acceptable Conditions of Work

France has an administratively determined minimum wage, revised
whenever the cost-of-living index rises 2 percentage points,
and it is sufficient to provide a decent standard of living to
a worker and family.  The wage was $6.50 (35.56 francs) per
hour.  Following massive public demonstrations against a draft
law that would have lowered the minimum wage for youths in some
training programs, the Government rescinded it.

The legal workweek is 39 hours, with a minimum break of 24
hours per week.  Overtime is restricted to 9 hours per week.

The Ministry of Labor has overall responsibility for policing
occupational safety and health laws.  Standards are generally
high and well enforced.  Workers have the right to remove
themselves from dangerous work situations.  The law requires
that any enterprise with 50 or more employees have an
occupational health and safety committee; over 75 percent of
all enterprises, covering 75 percent of employees, had such
committees as of 1992 (latest data).