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

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

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

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

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

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

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