Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - France (Ratification: 1981)

Autre commentaire sur C111

Observation

Demande directe

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Articles 1(1)(a) and (b), and 2 of the Convention. Prohibited grounds of discrimination. Legislative developments. The Committee notes with interest that the list of grounds of discrimination prohibited by the Labour Code (section L.1132-1) has been extended following the adoption of: (i) Act No. 2014 173 of 21 February 2014 on urban planning; (ii) Act No. 2016-832 of 24 June 2016 on combating discrimination based on social precarity; (iii) Act No. 2016-1547 of 18 November 2016 on modernizing the judiciary in the twenty first century; (iv) Act No. 2017 86 of 27 January 2017 on equality and citizenship; and (v) Act No. 2017-256 of 28 February 2017 on planning for substantive equality overseas and issuing other social and economic provisions. This list now includes the following grounds: origin; sex; customs; sexual orientation; gender identity [in place of “sexual identity”]; age; family situation or pregnancy; genetic characteristics; particular vulnerability resulting from an economic situation that is apparent or known to the author of discrimination [new]; real or perceived, of an ethnicity, nationality or race [in place of “race”]; political opinions; trade union or mutual association activities; religious beliefs; physical appearance; family name; place of residence [new] or location of a person’s bank [new]; state of health; loss of autonomy [new] or disability; and ability to express oneself in a language other than French [new].

The Committee nevertheless notes that “social origin”, is still not included among the grounds of discrimination that are prohibited by law, as according to the Government’s previous statements, the term “origin” in section L.1132-1 of the Labour Code covers “national extraction” within the meaning of the Convention. The Committee recalls that social origin is one of the seven prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention. It also recalls that, as it noted in the General Survey on the fundamental Conventions, 2012, paragraphs 802–804, in certain countries, persons emanating from certain geographical areas or from certain socially disadvantaged segments of the population (other than persons with an ethnic minority background) face exclusions with respect to recruitment, without any consideration of their individual merits. Indications regarding the rise in social inequalities in some countries have highlighted the continuing relevance of addressing discrimination based on class and socio-occupational categories. In this respect, the Committee recalls that discrimination and lack of equal opportunities based on social origin refers to situations in which an individual’s membership of a class, socio occupational category or caste determines his or her occupational future, either because he or she is denied access to certain jobs or activities, or is assigned only certain jobs. Recalling that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination specified in Article 1(1)(a) of the Convention, the Committee asks the Government to take the necessary steps to ensure that “social origin” is included among the grounds of discrimination that are prohibited by the Labour Code when it is next revised, and to provide information on any steps taken in this regard. It also asks the Government to provide information on the application in practice and the interpretation, in particular by the labour inspectorate and the courts, of the provisions relating to discrimination on the basis of “particular vulnerability resulting from an economic situation apparent or known to the author” of discrimination, “ability to express oneself in a language other than French”, place of residence, locations of a person’s bank or loss of autonomy.

Article 1(1)(a). Discrimination on the basis of sex. Definition and prohibition of sexist behaviour. Legislation. The Committee welcomes the provisions of Act No. 2015-994 of 17 August 2015 on social dialogue and employment, which amend the Labour Code (section L.1142-2-1) and prohibit “any act related to a person’s sex, which has the object or effect of threatening his or her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment”, as well as the provisions of Act No. 2016-1088 of 8 August 2016 on work, the modernization of social dialogue and the security of vocational paths, which introduce the same prohibition into Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants. The Committee asks the Government to provide information on the application of the Act of 2015, in particular on the manner in which the labour inspectorate and the courts deal with sexist acts in the workplace, and on the application of the Act of 2016 in relation to civil servants. It also asks the Government to provide information on the implementation of the Plan of Action and Mobilization to Combat Sexism launched in September 2016, including the specific action taken in the area of employment and occupation in the public and private sectors.

Sexual harassment. Overseas departments. The Committee notes with regret that, despite its repeated requests, the Government has still not provided any information on the application of the Convention in French Guiana and Reunion, and once again asks that the Government provide specific information on any measures adopted by the authorities, employers and labour inspectors to prevent and eliminate sexual harassment at work, as well as information on any cases of sexual harassment dealt with by the courts in the overseas departments.

Discrimination on the basis of race, colour or national extraction. For several years, the Committee has been emphasizing that, despite certain initiatives, the measures introduced do not appear to be producing sufficient results to effectively combat discrimination on the basis of race or national extraction (“origin” under the terms of the national legislation) in employment and occupation, particularly with regard to access to employment for young persons of foreign origin, and has asked the Government to step up its efforts in this regard. In this connection, the Committee welcomes the test conducted by the Ministry of Labour on discrimination in the hiring processes of some 40 enterprises with over 1,000 employees, the findings of which were published in December 2016 and show that in a dozen enterprises, applicants with names of north African origin suffered discrimination as compared to applicants with names of French origin. It also notes that the Ministry has referred two enterprises to the Defender of Rights and that it encourages enterprises to sign the “pact for equal treatment of applicants in access to employment, irrespective of their origins – commitment by enterprises” which calls for awareness raising among recruiters, the sharing of good practices, as well as the valuing of skills beyond diplomas and qualifications. The Committee notes the adoption of the National Plan to Combat Racism and Anti-Semitism 2015–17, which envisages, inter alia, communication and awareness-raising campaigns, the mobilization of civil society, a review of local citizenship policies and the creation of operational bodies at the local level, the strengthening of penalties and education in this area and the improvement of victim protection. While encouraging the Government to continue its tests of workplaces and its initiatives to disseminate information and raise awareness among workers, employers and society in general, the Committee asks the Government to provide information on all the steps taken to effectively combat discrimination on the basis of race, colour and national extraction in recruitment, promotion and conditions of employment, including wages. It also asks the Government to identify the measures adopted to implement the National Plan to Combat Racism and Anti-Semitism 2015–17 in the area of employment, as well as information on the steps taken to evaluate its effectiveness and on the specific results achieved.

Roma. The Committee notes with regret that the Government’s report does not contain any information in its response to its requests concerning the situation of the Roma in relation to equal access to education, vocational training and employment. It nevertheless notes that evictions of settlements have been carried out and that the United Nations Human Rights Committee has expressed its concern at the fact that the Roma migrants face rejection, exclusion and violence (CCPR/C/FRA/CO/5, 17 August 2015, paragraph 13). Referring to its previous comments, the Committee once again urges the Government to take, in collaboration with the organizations representing the Roma, effective steps to combat discrimination against and stigmatization of the Roma and to promote respect and tolerance, and to provide information on any measures taken in this regard. The Committee also asks the Government to provide information on the following:

(i) the specific measures taken to ensure the school enrolment and retention at school of Roma children as well as vocational training for young persons and adults; and
(ii) the impact of the extension of the list of occupations accessible to Romanian and Bulgarian nationals in relation to the access to employment, including self-employment, of members of the Roman community.

Articles 1 and 2. Measures to combat discrimination and to promote equality in employment and occupation. The Committee notes with interest the establishment, in September 2014, of a dialogue group on combating discrimination in enterprises, which brought together the social partners, private and public employment intermediaries, the competent services of the ministries concerned and eminent persons, to identify ways to more effectively reduce cases of discrimination against groups of people in workplaces while strengthening legal certainty and promote non-discriminatory methods of recruitment. The Committee notes that the dialogue group put forward 18 proposals in May 2015, which included: the possibility of implementing a similar approach in the public sector; the organization of an awareness-raising campaign; the mobilization of labour inspection services on this issue; the dissemination of information on non-discriminatory methods of recruitment; the establishment in enterprises with over 300 employees of an “equality of opportunity” focal point; the improvement of the “testing” method and the distribution in workplaces of a document containing the principles of the national inter-occupational agreement of 12 October 2006 on diversity in workplaces. The Committee also notes that 13 new proposals were formulated by the dialogue group in November 2016, which included: the organization of an annual information campaign; the conducting of studies to evaluate progress at the enterprise level arising from the implementation of an anti-discrimination policy and to examine the conditions for the development of indicators designed to measure the impact of anti-discrimination measures; the continuation of the work of the dialogue group on the implementation of operational measures to ensure the traceability and transparency of recruitment procedures; the establishment of focal points; and the development of indicators to monitor career and pay development. Welcoming the work of the dialogue group to combat discrimination in workplaces, the Committee asks the Government to identify the actions taken on the proposals made in 2015 and 2016, both in terms of the legislation and in practice, and to specify whether the dialogue group is expected to continue its work and, if so, to provide information on its work and on any initiative of this type in the public sector.

National policy on equality of opportunity and treatment between men and women. The Committee notes with interest the adoption of Act No. 2014-873 of 4 August 2014 on substantive equality between women and men which provides for the implementation of a policy of equality between women and men that includes, in particular, preventive and protective action to combat violence against women and attacks on their dignity, action to prevent and combat sexist stereotypes and to guarantee occupational and wage equality and gender balance in occupations, as well as action to promote a better work–life balance and a balanced distribution of parental responsibilities. The Act of 2014 also requires that these actions are evaluated. Moreover, the Committee welcomes the establishment of the High Council for Equality between Women and Men by Act No. 2008-496 of 27 May 2008 issuing various provisions to adapt national legislation to community law in the field of combating discrimination, as a result of amendments introduced by Act No. 2017 86 of 27 January 2017 on equality and citizenship. It notes that the High Council is, inter alia, responsible for formulating recommendations and opinions, proposing reforms to the Prime Minister, contributing to the evaluation of public policies on women’s rights and equality between women and men in every area of social life and submitting an annual report on the state of sexism in France which is published. The Committee also notes that the High Council published a report in February 2017 on training on equality between girls and boys, recommending initial and further training for educational personnel and the development of a practical guide. The Committee welcomes the Government’s commitment to making gender equality and non-discrimination, with a focus on sexual and gender-related violence, a high priority and a national cause for 2017–22. The Committee asks the Government to provide information on the steps taken in the area of employment to implement the policy for equality between women and men, in particular in relation to combating sexist stereotypes and promoting gender balance in occupations, and on any impact assessment in respect of the same. The Committee also asks the Government to provide information on the activities of the High Council for Equality between Women and Men in the area of employment and work.

Discrimination on the basis of religion. In the absence of information on this matter in the Government’s report, the Committee reiterates its request for information on the application in practice of Act No. 2010-1192 of 11 October 2010 prohibiting faces being covered in public places in relation to employment, taking into account its possible effects on the employment of Muslim women. It asks the Government to indicate whether any steps are envisaged to evaluate the impact of this Act and, if so, whether they have been taken.

Enforcement by the courts. Legislative developments. The Committee notes with interest the provisions of Act No. 2016-1547 of 18 November 2016 on modernizing the judiciary in the twenty-first century, which allows for representative workers’ organizations and associations to bring group actions when several persons who are in a similar situation are subjected to direct or indirect discrimination on the same grounds and by the same person or enterprise. A group action may seek, initially, to bring an end to the discrimination and then to obtain compensation for any harm suffered. The Committee asks the Government to provide information on the taking of group actions in relation to discrimination in employment and, where applicable, on any evaluation of this mechanism.

The Committee is raising other matters in a request addressed directly to the Government.