ANTI-DISCRIMINATION COMMITTEE URGES FRANCE –- ‘GLOBAL TRENDSETTER’ –- TO REMOVE REMAINING OBSTACLES TO ACHIEVING WOMEN’S RIGHTS

Committee on Elimination of

Discrimination against Women

614^th & 615^th Meetings (AM & PM)                  

ANTI-DISCRIMINATION COMMITTEE URGES FRANCE –- ‘GLOBAL TRENDSETTER’ –- TO REMOVE

REMAINING OBSTACLES TO ACHIEVING WOMEN’S RIGHTS

France, whose example of equality had formed a “critical model” for achieving women’s rights, needed to keep pace with the global evolution in the women’s movement by removing the remaining obstacles to the full realization of those rights, especially with regard to migrant, elderly and refugee women, members of the Committee on the Elimination of Discrimination Against Women pointed out today. 

An expert body comprising 23 members serving in their personal capacities, the Committee considered France’s combined third and fourth, and fifth periodic reports on compliance with the Convention on the Elimination of All Forms of Discrimination Against Women in a daylong meeting.

“Many countries had been impacted by the ideals of equality enshrined in the French historical experience”, the Committee Chairperson, Ayse Feride Acar of Turkey, said.  In the twentieth century, France’s feminist movement had been a global trendsetter.  In that regard, she echoed many experts’ disappointment that some 20 years after its ratification of the Convention, France had not yet removed its reservations to several of its articles.

She was pleased however, that France had declared its intention to remove some of its reservations.  France’s ratification of the Optional Protocol to the Convention in 2000 was also a positive step and she hoped that concrete steps would be taken to make it reality for French women.

A party to the Convention since 1983, France continues to hold reservations to several of the Convention’s articles, namely provisions on the joint exercise of parental authority, women and rural areas and the choice of family name.  In the case of Article 5(b), joint exercise of parental authority, and 16(g), on the choice of family name, French law has developed in recent years, bringing it into conformity with the Convention.  There has been no change, however, regarding France’s technical reservations to Article 14, women and rural areas and Article 29, on the procedure for settling disputes concerning the Convention.  

Among the main achievements mentioned today were numerous reforms intended to achieve full equality between men and women, including election parity measures, and implementation of the national platform on equality; professional equality and harmonization of work and family life; women’s basic rights; and efforts to combat violence among the country’s main priorities. 

While agreeing that France had played a “pioneering role” in the field of human rights, experts noted that its legislative achievements must be complemented by judicial training, awareness raising and community involvement.  Many experts noted their concern with the situation of migrant and refugee women in the country, as well as that of women in France’s overseas territories.  Noting that France was accountable for the territories’ compliance with the obligations of the Convention, experts questioned how the French Government was able to change practices and laws that ran counter to the letter and spirit of the Convention.

Commending the Government for its “frontal attack” on trafficking in human beings, in particular the imposition of penal sanctions against the perpetrators of human trafficking, experts also stressed the need to ensure that all women benefited from legal measures designed to protect them.  As more than half of the prostitutes in France were foreigners, experts expressed concern about certain provisions of the law that might hinder them from reporting acts of violence.

Presenting France’s reports, Nicole Ameline, Minister for Parity and Equal Opportunity, provided a detailed outline of the country’s efforts to achieve women’s equality.  Also participating in the discussion were other members of the French delegation:  Brigitte Gresy, Head of the Service on Women’s Rights and Equality; Danielle Refuveille, Councellor to the Minister; Jean-Luc Guardiola, Deputy Director on Political Affairs, Ministry of DOMTOM; Laurence Vagnier, Deputy Director on Salary Rights, Ministry for Social Affairs; Judith Vailhe, of the Service for European and International Affairs, Ministry of Justice; and Sophie Del Corso, of the Service of Women’s Rights and Equality.

The Committee will next meet on Monday, 7 July, at 10 a.m. to hear replies from Brazil on its implementation of the Convention.

Background

The Committee on the Elimination of Discrimination against Women had before it the third, fourth and fifth reports of France, covering the period from 1993 through 2002 (documents CEDAW/C/FRA/3-4 and CEDAW/C/FRA/5).  According to the reports, the Government has initiated a number of reforms intended to achieve full equality between men and women.  The principles of equality are enshrined not only in France’s Constitution, but also in the European Community’s Treaty of Amsterdam, which was ratified by France in 1999.  Also in 1999, the country undertook constitutional reform to ensure that men and women have equal access to electoral mandates and elected posts. 

Several institutions vital to an integrated gender policy have been modernized and strengthened, including the Monitoring Commission on Gender Parity and the Inter-ministerial Committee on Women’s Rights.  Also part of the national machinery to promote gender equality is the Department of Women’s Rights and Equality, which has representatives in each of the country’s administrative departments. 

In 2000, a national platform on equality was drawn up, which identifies three main priority areas:  women’s access to decision-making positions; professional equality and harmonization of working and family life; and women’s basic rights and efforts to combat violence.  The Government believes that it is no longer enough to compensate for inequalities through specific measures on behalf of women.  Instead, it is a question of integrating the gender perspective into public policy, so that no measure may be taken that produces inequalities.  France has sought to highlight women’s and men’s respective situations by gathering statistics and conducting surveys, as well as by raising awareness of the public and policy makers.

The Act of May 2001 concerning professional equality provides that, beginning with 2002, the proportion of male and female candidates for elections for industrial relations boards must have the effect of reducing disparity between the sexes.  The Act also seeks to encourage a dialogue within society concerning professional equality both in the public and private sectors.  Furthermore, in May 2002, a decree was adopted on the administration’s appointment of members of juries and selection committees, according to which each sex shall make up at least one-third of the lists of appointed members.  During the period under review, many cooperation agreements were signed to combat continued labour market inequalities, promote women’s equal access to employment training and improve mechanisms for verifying achievements.

Harmonization of work and family life was among the main themes of France’s 2000 Presidency of the European Union.  At the national level, it was the subject of a governmental conference held in September 2001.  The Social Modernization Act of January 2002 introduced a paternity leave of 11 working days in order to enable fathers to become more involved in parenting. 

As for violence against women, according to a 2000 national survey conducted among 7,000 women between the ages of 20 and 59, almost one in 10 women had experienced some form of conjugal violence (whether physical, sexual, verbal or psychological) over the previous 12 months.  The same number of women had suffered some form of sexual aggression during their lifetimes, and nearly two out of

10 women said they had been subjected to psychological pressure in the workplace.  An inter-ministerial plan, which was launched in response to this data, focuses on prevention and support, strengthening networks, increasing awareness of the problem, and building partnerships at the local level.  The slogan of the communications campaign, which was developed in 2001, is “Let’s break the silence about violence”.

The Government is also promoting efforts to strengthen women’s independence and freedom by strengthening women’s right to make responsible decisions regarding their sexuality and child bearing.  Measures have also been taken in regard to voluntary termination of pregnancy, which has been recognized as a right since 1975.  In 2001, the legal period for termination was increased from 10 to 12 weeks.  Minors can now keep it secret from their parents or guardians; and the definition of the offence of preventing abortions through moral or psychological pressure, threats or acts of intimidation has been broadened.

According to the documents, France continues to hold reservations regarding certain paragraphs of four of the Convention’s articles.  However, French law has developed in a number of the areas concerned.  With regard to Article 5 on the elimination of stereotypes, the Government states that the Convention should not be interpreted as implying the joint exercise of parental authority in situations where French legislation recognizes one parent only as having such authority.  An Act of 4 March 2002, however, makes parents equally responsible for their children and broadens joint exercise of parental authority, irrespective of parents’ marital status, since the child’s filiation is established within the first year of life.  “It therefore appears that France is now in conformity with Article 5 (b)”, the report states. 

There was no change with regard to technical reservations about Article 14.2 (c) and Article 14.2 (h) on women and rural areas, or with regard to Article 29 on the procedure for settling disputes concerning the Convention.  As for France’s reservation regarding Article 16.1 (g) on the choice of a family name, the report states that as of March 2002, parents may choose the name of their child by submitting a joint written declaration to the registrar.  The chosen name may be either that of the father or the mother, or a combination of both.  The name given to the first-born shall be valid for all subsequent joint children.  However, in the event that the parents shall not decide, or cannot agree, the child shall automatically bear the father’s name.

Introduction of Reports

NICOLE AMELINE, Minister for Parity and Equal Opportunity of France, said that following the election of Jacques Chirac as President in April 2002, certain changes had taken place in her country’s policies and many women had been appointed to important positions previously held by men.  While her post belonged to the Ministry of Social Affairs, Labour and Solidarity, it also had close inter-ministerial contacts within the Government.  Her Ministry was a central body for the promotion of women’s rights and equality.  She also presided over three consultative structures, including those on professional equality, sexual education and family violence.  She also regularly interacted with parliamentary delegations on women’s rights.

Highlighting certain aspects of the reports, she explained that the principles of equality were enshrined not only in France’s Constitution, but also in the European Community’s laws.  Belonging to the European Union had advanced the cause of women in France.  For example, European guidelines of 2002 had elaborated on the principle of equal treatment in access to work, training and promotion.  The scope of discrimination, both direct and indirect, was determined in France’s judicial system, and the Government had initiated a number of reforms intended to achieve full equality between men and women.  In particular, recent amendments modified the burden of proof in civil affairs and introduced a concept of indirect discrimination. 

Parity in decision-making had been the focus of discussion recently, and equal access of men and women to elected positions was guaranteed by a new amendment, she continued.  With the election law of June 2000, France became the first country to opt for 50 per cent parity among candidates, as well as financial sanctions for those parties that did not respect the principles of equality.  During the 2001 municipal elections, women constituted some 47.5 per cent of councils representing communities with over 3,500 persons.  During the Senate elections in 2001, the share of women reached almost 22 per cent, compared with 6 per cent during preceding elections.  In 2002, however, during legislative elections, only 71 women were elected.  In regional elections where the lists were divided into departmental sections, parity was ensured through alternating the candidates. 

France sought to provide equal rights for women in all spheres of life, she said.  In 2000, a national platform on equality was drawn up, which identified three main priority areas:  women’s access to decision-making positions; professional equality and harmonization of working and family life; and women’s basic rights and efforts to combat violence.  A 2002 national programme of action for victims of violence had been presented to improve their access to legal protection.

As for exploitation of prostitution, French laws were among the strictest, providing for a sentence of up to life in jail for that crime in its most severe forms.  Equal rights in education were indispensable for women to become full actors in change.  Her country sought to promote a discussion of gender issues in education to broaden the possibilities and allow for access for women in the areas where they were under-represented.  That was the thrust of the law, which was promulgated last February.  However, there was still inequality in terms of employment. 

Currently, women constituted some 45.9 per cent of the country’s work force, but they were under-represented in higher level positions.  Measures had been taken to strengthen professional equality and enhance the role of women.  Last December, participants of a round table on the matter had agreed on the necessity of social dialogue and setting quantitative objectives.  Efforts were also being made to reform the pension system.  There were improvements in working conditions for women and the health of workers. 

New forms of violence in the workplace, including harassment, were now recognized by law, she said.  French public authorities were aware of their duty to prevent violations of women’s rights and punish perpetrators of violence.  A new plan had been launched to address the problem, calling for the creation of a national commission on the issue.  Among the measures envisioned under the plan, were information campaigns and training of police and health personnel.  Measures were being taken to encourage women’s business initiatives, including by providing easier access to bank loans.  Her Ministry was developing numerous partnerships to develop entrepreneurship.

Harmonization of work and family life was among her country’s main priorities, she said.  The Social Modernization Act of January 2002 introduced a paternity leave of 11 working days in order to enable fathers to become more involved in parenting.  In her recent statement to the Council of Ministers, she had announced her determination to address the issue of conjugal violence.  In 2001, a law on voluntary interruption of pregnancy and contraception was introduced, which envisioned, among other things, measures to improve information and education in issues related to reproductive health.  The law permitted prescribing and administration of contraceptives to minors without parental authorization.

Experts’ Comments

During the discussion on France’s compliance with the Convention, experts commended the vibrant, enthusiastic and sincere presentation.  They also praised the Government for having sent a high-level delegation, which reflected France’s strong political will on the elimination of discrimination against women. 

AYSE FERIDE ACAR, Committee Chairperson and expert from Turkey, welcomed the fact that the Government had taken concrete steps to advance the status of women in French society, in particular efforts to broaden the concept of discrimination and its recognition of indirect discrimination.  However, an enhanced, more sensitive recognition of the reality of discrimination against women on the ground was needed.  De facto equality and the elimination of de facto discrimination, including discrimination against migrant and refugee women, was particularly important.  The Committee expected significant steps to address the impact of multiple forms of discrimination against women from ethnic and religious minority groups. 

“Many countries had been impacted by the ideals of equality enshrined in the French historical experience”, she said.  The French example of equality had formed a critical model for the realization of equality for women.  In the twentieth century, France’s feminist movement had been a global trendsetter.  In that regard, France must keep pace with the evolution of women’s rights enshrined in the Convention.  She was disappointed that France had not yet lifted reservations to certain articles of the Convention, some 20 years after it had ratified it.  She was pleased, however, to hear of France’s intention to do so.  She looked forward to the withdrawal of the reservations to the Convention, namely to Articles 5 and 16.  She also congratulated France for its ratification of the Optional Protocol, and hoped serious efforts would be taken to make the Protocol a reality for French women.

NAELA GABR, expert from Egypt, said France had played a pioneering role in the field of human rights, which was why the Committee expected a great deal from it.  In future, she expected enhanced vision and new proposals for mechanisms to achieve the elimination of discrimination against women.  Certain interwoven issues required broad discussion among all segments of French society, including negative stereotypes, violence against women and the integration of migrant women.  Round-table discussions and committee meetings were not enough.  A unified mechanism was needed to bring together the various executive committees and civil society organizations.  The Committee expected France to have an institution at the national level for problems related to women’s rights.

CORNELIUS FLINTERMAN, expert from the Netherlands, was concerned about the status of the Convention in French law.  Was the Convention directly applicable within the French legal order?  Did the delegation agree that the entry into force of the Optional Protocol should impact the question of the Convention’s direct applicability within the French legal order?  He noted that the report had not addressed the constitutional status of the overseas territories.  The overseas territories had autonomous status in the field of law.  What instruments did France have to encourage the overseas territories to comply with the Convention?  France could be held accountable at the international level for their compliance with the Convention.  What mechanisms did France have to change practices or laws that were incompatible with its obligations under the Convention?

On the issue of prostitution, he said he had noted changes in the criminal law on prostitution and provisions that introduced the offence of solicitation.  Was it right to say that France had become the first European Union country to consider women as criminals in cases of prostitution?  He asked the delegation to explain the rationale behind that policy.

REGINA TAVARES da SILVA, expert from Portugal, requested more information on the Government’s platform of action, which included measures for the harmonization of professional and family life.  The issue of sharing of tasks was still important as women still performed some 80 per cent of domestic tasks.  She also asked for clarification on the so-called “yellow budget paper” and how it fit in with the relatively recent concept of gender budgeting.  While the report discussed violence against women at length, it did not say much about immigrant women, who were particularly vulnerable.  Had any specific action been taken to combat violence against migrant women?

SJAMSIAH ACHMAD, expert from Indonesia, stressed the need for monitoring the many specific obligations France had undertaken.  It was important to monitor progress achieved.  To what extent were non-governmental organizations involved in the monitoring process?

AIDA GONZALEZ MARTINEZ, expert from Mexico, congratulated the Government for its “frontal attack” on trafficking in human beings, in particular the imposition of penal sanctions against perpetrators.  More than half of the prostitutes in France were foreigners.  How many victims had been identified and released?  How many of the released victims lived in France or returned to their countries?  Sanctions for persons using electronic media for trafficking in children were also laudable.

KRISZTINA MORVAI, Hungary, congratulated France for enacting the programme “Leaving Polygamy Behind”.  That programme, however, also brought with it great responsibility.  Was a full strategy in place for the legal consequences of the programme?  Would women have access to legal aid?  On the issue of prostitution, she said it was important that the report of the subcommission on violence against women had acknowledged the close relationship between prostitution and trafficking.  It also acknowledged the sexist and violent nature of prostitution.  Criminalizing the client and outlawing the institution of prostitution would be an excellent next step in France’s history of liberation and human rights.

CHRISTINE KAPALATA, expert from the United Republic of Tanzania, said that since her schooldays, France had long been admired for the ideals of “fraternité, liberté and egalité”.  That was then, however.  The realities of life had taught her that there were many issues that needed to be tackled.  France had certainly taken significant steps to achieve equality.  She asked about the Convention’s applicability to French domestic law.   

Country Response

Ms. AMELINE noted that many astute questions had been posed to the delegation.  France believed that equality should be an active principle defining social life.  The main focus was on the launching of social dialogue and creating a legislative framework for the advancement of women.  The year 2003 held much hope, for her Ministry was planning to develop “strategic tracks” in that respect.  A national council on equality was expected to become a significant player within the Government.  It would bring together Government and civil society players in determining the country’s policies.  That forum would address both constitutional and moral questions. 

She said that France was bound by the Convention and had to adapt its legislation to its provisions as international instruments had precedence over domestic laws.  As for prostitution, a large majority of prostitutes were, indeed, victims, and France was looking at international trafficking networks in order to prevent them from having access to France.  Another problem was under-age prostitution.  A system of residency cards had been introduced for victims of trafficking, as well as a social reintegration programme. 

France wanted both mothers and fathers to have a role and share responsibilities within the family, and advocated the introduction of new services, including daycare, to help them.  Regarding gender budgeting, she said that she had addressed the Council of Ministers, advocating an integrated approach to that issue.  France was de-centralized, and a gender approach needed to be introduced at all levels.  Each ministry should be adequately funded to integrate equality measures into its programme of action. 

Turning to immigrants, she stressed the importance of responding to their needs.  A guide had recently been issued on promoting respect for the rights and dignity of immigrants.  A system was also being set up to help women to start businesses.

Responding to the experts’ concerns regarding the need to maintain efficient policies for the advancement of women, she said that a constant assessment of data was needed.  She hoped that a new Internet resource centre would be helpful in that respect.

Polygamy was a serious problem, and the country had recently introduced a contract that all new arrivals had to sign, setting out their rights and obligations.  It expressly stated that forced marriages were forbidden.  Polygamy was not authorized on the territory of France, and when polygamous marriages fell apart, women needed to receive help.

BRIGITTE GRESY, Head of the Service on Women’s Rights and Equality, mentioned the evolution of men’s roles in taking care of children.  Statistics showed that the time men spent with children had increased by only 10 minutes a day over recent years.  Several measures had been introduced to encourage men’s increased participation in family chores.  An important innovation was a parental education benefit for mothers or fathers staying at home.  A daycare plan was being expanded in France. 

Regarding the image of women in advertising, she said that a debate on that issue had been held involving two basic constitutional principles:  freedom to entrepreneurship and respect for human dignity.  Visual aggression was an impingement on women’s dignity, and many advertisers had agreed to outside scrutiny of their product.  The laws of 1996 and 2000 had created a council for audio-visual publicity, which monitored advertising and forbade offensive depictions of women.

Regarding assessment of equality measures, she said that the Government was trying to make its activities more goal-oriented.  There was a new law on financing by which ministries would present their budget on the basis of policy outcomes.  Women’s access to high-ranking positions, respect for human dignity and balancing professional and family life were among the Government’s priorities, and policy goals were established on the basis of those principles.

Regarding immigrant women, she said that some 40 per cent of immigrants in France were women, most of them between the ages of 20 and 45.  Measures were being taken to provide them with equal education opportunities and improve their family situation. 

Regarding the applicability of the Convention in France’s overseas territories, JEAN-LUC GUARDIOLA, Deputy Director of Political Affairs, Ministry of DOMTOM, said that under French law, the international conventions fully applied to foreign territories, unless there was specific reference to non-applicability in the instrument itself.  As there were no such provisions in the Convention, it fully applied to France’s overseas territories.  Metropolitan laws did not apply directly to the autonomous territories, however, and they had to be locally authorized.  All the regulations applicable in the territories had been carefully scrutinized in relation to discrimination against women as spelled out in the Convention.  No discriminatory provisions had been found, and France would consider lifting its reservation in that regard. 

Experts’ Comments

HEISOO SHIN, Republic of Korea, asked if France was considering lifting its reservations to Articles 5 and 16 of the Convention.  Was it also considering lifting the reservation to Article 16?  Regarding the Optional Protocol, what concrete efforts had France taken to publicize it particularly among minority women?  She wondered if the Government was making efforts to reach out to men, since it was time to change male attitudes.  Punishment did not always yield good results.  Correctional measures were needed to change attitudes, beliefs and customs.  She also stressed the importance of reaching out to immigrant communities.  There were serious problems among immigrant women.  Many immigrant women did not report their husbands’ violent behaviour because they feared losing their resident status.

VICTORIA POPESCU SANDRU, expert from Romania, welcomed efforts to eliminate negative stereotypes of women.  Was there a plan to pursue an in-depth study of sexist stereotypes portrayed by the media?  Young girls were often victims of direct and indirect discrimination.  Were there training courses for children and teenagers to ensure respect for human dignity?  She welcomed the fact that France was willing to lift some of its reservations to the Convention, including Article 5.

GORAN MELANDER, expert from Sweden, asked if judges were aware that the Convention existed.  What steps had been taken to disseminate the Convention?  He noted that women who testified might be granted residence permits if the accused was found guilty.  What happened when the accused was not found guilty?  What happened when victims were not willing to testify?

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, asked for clarification on sanctions for passive soliciting.  In order to sanction a crime, three elements must exist -- legal, moral and material elements.  The Internal Security Act should be annulled as it failed to meet those three conditions.  Foreign women were not protected but could obtain resident status if they complained or acted as witnesses.  The Law was an aberration and should be entirely annulled. 

Ms. ŠIMONOVIC, expert from Croatia, asked if the Government and Parliament had considered the report.  Was the delegation satisfied with France’s national reporting mechanism?  Regarding special temporary measures, she was pleased that the concept of parity had been included.  Were mixed employment contracts still used?

FUMIKO SAIGA, expert from Japan, asked which ministry was actually responsible for coordinating the Government’s policy on women. 

MARIA YOLANDA FERRER GOMEZ, the expert from Cuba, said humiliating and degrading images of women had remained constant in the mass media.  Had there been an awareness campaigns in the written press?  Were there statistics on racially motivated crimes against women?

HUGUETTE BOKPE GNANCADJA, expert from Benin, addressing the issue of France’s overseas territories, said it was her understanding that polygamy still existed in the territories.  Regarding rising crime rates, were additional measures being taken to end the pernicious cycle of violence?

Country Response

Regarding the lifting of the reservation on family authority, Ms. AMELINE said that the country was prepared to lift that reservation as national legislation was now in conformity with the Convention.  France had embarked upon a process of inter-ministerial consultations with a view to respond to the Committee’s questions concerning possible withdrawal of reservations.

Regarding raising the awareness of men as far as domestic violence was concerned, France had reaffirmed the social gravity of the phenomenon.  That was reflected in the severity of the punishment and particular attention attributed to violence.  It was extremely important to enhance education in schools on the issue, taking into account the values of equality and dignity.  Greater awareness was also needed within the educational community. 

The question of stereotypes channeled through the media in France also needed to be seriously addressed, and the Government intended to redouble its efforts to improve the situation.  Too often, there were also examples of conservatism in the upbringing of young girls.  Equality of opportunity was needed at all levels. 

She thanked the experts for their questions regarding the problems of immigrant women.  It was true that their situation deserved special attention.  Immigrant women had been part of the survey on violence, and follow-up information would be gathered in the future.  Emancipation came through knowledge and education, and efforts were being made to improve the level of immigrant women’s self-awareness, to prevent them from dropping out of schools.

As for the efforts to disseminate the provisions of the Convention, she said that the instrument was known in France, but more needed to be done to make it universally known.  

Regarding trafficking and prostitution, she said that the recommendations of the parliamentary group on modern slavery had focused on the goals of offering more social assistance to victims, ensuring more effective punishment of traffickers, making the problem of trafficking a priority and promoting collective awareness of the problem.  Article 52 of the Domestic Security Act stipulated that as of 2004, the Government would provide regular reports on the developments in the demographic health and social situation of prostitutes.  The Government wanted to be as sensitive as possible to the situation of prostitutes, who were considered victims and not criminals.  French law was based on the principle that exploitation of one person by another should be fought on all levels.

Regarding the preparation of reports, she said that the Government had been involved in that process, but the Parliament had not been consulted. 

Afternoon Discussion

Ms. AMELINE said that in her position, she had real autonomy.  For the first time in its history, France now had a Ministry devoted to the promotion of women’s equality.  At the national level, she systematically met with non-governmental organizations.  There was also a strong will not to disassociate the question of equality in France from the situation of women around the world. 

She was convinced that future economic growth would increasingly depend on the male/female dynamic within companies.  It should be based both on the legislative framework and on the good will of those responsible for the economy.  The Act on Parity was seeking to create increased awareness of a need for a more balanced democracy, and greater respect for women.  While, on the whole, those measures had been successful, in some areas, more remained to be done.  Following an evaluation of the outcome of current efforts, the Government intended to take further action to improve in those areas where only limited progress had been achieved.

Returning to the issue of advertising, Ms. GRESY added that over the past six months, there had been no degrading images of women in advertising.  As a self-discipline measure, the Advertising Standards Office was financed by the advertising agencies themselves.  Introduction of a legislative framework was not being ruled out, which would expand on the existing laws related to the press.

On gang rapes, she said that a 2000 legislative act had sought to reinforce the rights of victims and improve women’s security.  The 2002 justice programme also envisioned providing specialized police training and introducing measures to ensure confidentiality of victims.  To improve equality in the labour market, approximately 2,500 contracts had been signed between employers and employees to facilitate the hiring of women. 

Turning to the question of polygamy in overseas territories, Mr. GUARDIOLA said that in Mayotte, for example, a large segment of the population adhered to Muslim law, which allowed polygamy, wife renunciations and early marriages.  Legal provisions were in place to guarantee the right of the populations of overseas territories to live in conformity with local laws.  At the same time, some archaic provisions needed to be changed.  Under the ordinance introduced in March 2000 concerning civil status in Mayotte, the minimum age of marriage was set at 15 years, unless a dispensation was issued for major reasons.  The spouses have to appear in person to express their free consent to marriage.  A very recent legal provision -- just adopted last month and not yet published -- repealed polygamy in that territory.  It also repealed renunciation and discriminatory provisions regarding inheritance. 

Experts’ Comments

Ms. SHIN and Ms. BELMIHOUB-ZERDANI pointed out that France’s electoral parity act had been praised as a great achievement, and the world had expected “dazzling results” from it.  While subsequent municipal elections had demonstrated great progress, the results in mayoral elections had been more disappointing.  Ms. BELMIHOUB-ZERDANI wondered about the reasons for such results, which were lower than those of Costa Rica, where women’s political participation reached over 40 per cent.  France -- a country with great democratic traditions –- should be able to reach true national representation for women.  In that connection, Ms. SHIN wondered if France had analyzed the reasons for a low number of women having been elected to mayoral posts. 

Ms. AMELINE said modern politics depended on the new dynamic between men and women in society.  The Electoral Parity Act had been important in terms of its content and principle.  France was a decentralized country that would further strengthen the devolution of authority.  It was true that only 6.6 per cent of mayors were women.  Improvements must be made in that area.  The political will for that did exist.  At present, France was working to further develop procedures to improve the sharing of political life.

She said that competitive exams deprived too many women of opportunities to advance, for example, in the area of science.  Very few women chose to pursue a career in that area, however.  French society had not yet adapted to women’s professional commitment.  The economy, as well as political life, needed women just as much as men.  It was not just up to men to change.  Women also had to change.

Ms. GRESY said one area of focus would be on organizing work in public service.  In two ministries, for example, meetings could not take place after 6 p.m., so that both men and women could go home.  The feminization of names of positions, functions and ranks would help to give women the place they deserved in society. 

Expert’s Comments

Ms. GABR said the delegation had mentioned the difficulties and solutions regarding women’s representation in the civil service.  The number of women working in international organizations was quite modest.  The same applied for government posts.  She hoped additional measures would be taken to change the current situation. 

Country Response

Ms. AMELINE said that parity must exist in international representation.  While the number of women working in international affairs had increased, the figures were not satisfactory.  One could not promote the role of women in decision-making posts without setting goals in representation abroad.

Experts’ Comments

HANNA BEATE SCHOPP-SCHILLING, expert from Germany, addressed the issue of female poverty, especially poverty in old age.  Several factors might contribute to old age poverty among elderly women, including the persistence of wage discrimination, the potential effects of divorce and the effects of the restructuring of the pension system.  Were there studies on the issue?  She also asked about women’s entitlements under the divorce law.  On older women’s health, the report listed a number of measures to be taken since 1995.  What were the results of those measures?

Ms. GONZALEZ MARTINEZ said that the reports provided no information about the results of the measures adopted in the area of health and the present health situation in the country.  It was expected that, as a highly developed country, France would have a positive situation as far as women’s health was concerned.  She would like to see statistics on the number of abortions, the rate of HIV/AIDS and the use of contraceptives.  She also had questions regarding tobacco use and drug addition in the country. 

Ms. PATTEN commended the Government for its commitment to eliminating discrimination against women.  Regarding de facto discrimination in the field of employment, however, she wanted to know what was being done to promote awareness of women’s legal rights.  Also, against the backdrop of a shrinking labour market, she was worried about the actual implementation of measures for the promotion of equality in the work place.  What mechanisms were in place to ensure that, beyond the actual hiring of women, equality in training, wages and promotions was being implemented?  Did equality contracts take account of such trends?  How was the Government facilitating women’s access to justice?

Ms. ŠIMONOVIC asked if medically assisted reproduction was covered by public funds.  She also wanted to know if it was possible to use donated surplus embryos without consent in writing.  Was it possible to contest maternity in such cases?

While police training had been mentioned several times in today’s discussion, Ms. ACHMAD wondered if gender-based training was being provided to prosecutors, judges and immigration officers.  Were women’s issues included in the training of faculty members in the fields of medicine, psychology and education?  Higher education institutions were extremely important for eliminating stereotypes.   

Ms. TAVARES da SILVA addressed the issue of violence at schools, asking what measures were taken to overcome that problem.  Also, it was a cause for concern that women represented the majority in nine areas of study in France, but they represented only 14 per cent of professors.  Naturally, universities were independent, but she wondered if the Government intended to address that disparity.

Ms. BELMIHOUB-ZERDANI brought up the problems of persistent inequality in salaries for the same work and the need to address the needs of part-time workers.  She wanted to know about the consequences of part-time work as far as women’s pensions were concerned.  On the global scale, the distribution of wealth between men and women was 99 to one, and she wanted to know what the situation in that respect was in France.

Country Response

Ms. AMELINE said that the quality of life in old age depended on the standard of women’s lives during the productive phase of their lives.  Sometimes, the situation of older women was also affected by the cultural specifics of their place of habitation.  In many cases, women’s low pensions did not result from the deficiencies of the pension system, but from the low level of their income during their working years.  Thus, it was important to address the issue of the salary gap and improve opportunities for the advancement of women in the labour market.  The Government was seeking to establish benefits in order to maintain the autonomy of the elderly.  Retirement income had been discussed at the National Assembly. 

Turning to medical issues, she said that a preventive policy was being pursued by the Government.  Taking cancer as an example, she said that women’s types of cancer were a major cause of premature death in women.  The earlier cancer was diagnosed and treated, the better the outcome.  Today, breast cancer research had led to a 20 per cent increase in screening.  A significant reduction in cervical cancer had been achieved due to improved testing.  The infertility rate in France was 3.5 per cent.

Prevention was also very important as far as voluntary interruption of pregnancies was concerned, and contraception was widely used in France.  The number of abortions was still high, however, and the Government was taking steps to reduce the rate of pregnancy.

Regarding violence, she said that judges were increasingly aware of the need to take into consideration all types of violence, including psychological abuse.  Clearly, the issue of violence needed to be addressed at the school level.  The principles of dignity and respect also needed to be taught at home.  Specific anti-sexist courses would be developed.

She had called for a special discussion on part-time work, which was a serious issue, she said.  In particular, it was important to move towards different types of employment, seeking equality in all spheres, including income.

Ms. GRESY said that there was now a national plan to combat the exclusion of vulnerable groups, including elderly women.  Studies had been conducted on the mistreatment of elderly women in institutions. 

Among women’s health problems, she also mentioned smoking, HIV/AIDS and cancer.  Anti-retroviral drugs had a more toxic effect on women than on men, and tests needed to be conducted to clarify the situation.  As for contraception, the pill was the most widely used method, followed by the intrauterine device.  There was concern that emergency contraceptives would be regularly used by the younger population, and education measures were being implemented to counter that situation.

Regarding women’s access to justice in cases of discrimination, she said that the law of May 2001 facilitated women’s recourse to justice by reducing the burden of proof.  Moreover, that law had introduced the notion of indirect discrimination.  Greater power had also been given to the representatives of staff.  Also decreed were certain obligations on behalf of companies.

Ms. MORVAI asked if the marriage age was the same for men and women in France.  The fear of sexual violence restricted women’s movement and freedom to choose a domicile.  That was a major issue.  The phenomenon of gang rapes had attracted much international attention.  There should be a proactive attitude on the part of the French Government to uncover the true statistics on that crime and to involve the police. 

Ms. GNACADJA said she was concerned with the somewhat racist reputation of certain segments of the police.  She wondered if appropriate action had been taken to ease the situation to some extent. 

Ms. BELMIHOUB-ZERDANI stressed that the minimum age for marriage should be 18.  She also wished to encourage the delegation to think about the difference in marriage ages between young women and old men.  Public authorities should be alerted to such cases. 

Country response

Ms. AMELINE said that France attached great importance to the rule of law and respect for the rights of victims.  In the case of young women, an emergency plan had been set up, including the establishment of emergency shelters.  Next week, she hoped the Council of Ministers would adopt a provision to evict the spouse guilty of violence after mistreatment had been proven.  Female victims of violence very often had to leave the home.  In addition to their suffering, they often found themselves homeless.  On the question of racist behaviour, while individual behaviour might exist, real progress had been made and there were no structural shortcomings.

On the issue of forced marriages, she said an immigration law was being discussed that stressed the need for consent and verification of consent.  In France, marriage depended on an expression of will.  Regarding the marriage age, certain inequalities existed in French law.  The marriage age for boys was 18 years, whereas for girls it was 15 years.

In concluding remarks, she thanked the Committee for the quality of the exchange and the relevance of the questions posed.  France had multilaterally and bilaterally worked with other countries to further the issue of development on the basis of equality between men and women.  While women were a driving force of progress in the world, they were also often victims. 

Ms. ACAR, Committee Chairperson, congratulated the delegation for its presentation.  Legislative achievements could be complemented by judicial training, awareness-raising and community involvement.  She congratulated France in particular for its laws on parity.  Progress in the area of political decision-making and higher education left much to be desired, however.  She urged France to take a closer look at the de facto situation.  The Committee was pleased with the commitment to withdraw reservations to Articles 5(b) and 16 (d) and (g).  She urged the Government to take that action without delay.  France’s reservation to Article 14 also needed to be reconsidered. 

She said she had been taken aback by the realization of the differences in the marriage age between the sexes.  In that respect, she urged the Government to consider the matter in line with its treaty obligations.  The protection of the human rights of minority and elderly women were salient as the Committee was aware of the phenomenon of multiple discrimination against those women.

* *** *