Demande directe (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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Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes that the Government’s report does not contain any information on sexual harassment. The Committee however welcomes the amendment of the Labour Code (section L.1153-5) introduced by Act No. 2014-873 of 4 August 2014 for effective equality, which now, in addition to requiring employers to take all necessary measures to prevent acts of sexual harassment, adds the requirement to bring an end to such acts and to punish them. The Committee recalls that Act No. 2012-954 of 6 August 2012 on sexual harassment (which amended, inter alia, the Penal Code (particularly section 222 33), the Labour Code (sections L.1153-1 to L.1153-6) and Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants) introduced a new definition of sexual harassment covering both quid pro quo and hostile working environment sexual harassment. The Committee nevertheless recalls that in accordance with these provisions, the acts covered have to be “repeated” to constitute sexual harassment or, if they are not repeated, they must consist of “serious pressure”, and it considers that these provisions could have the effect of limiting the protection of workers against sexual harassment.

With regard to the application of the Act of 2012 in practice, the Committee notes that, according to the evaluation carried out by the Commission on Constitutional Laws, Legislation and General Administration of the National Assembly (information report No. 4233 dated 16 November 2016), despite their legal obligations, few enterprises have taken action to prevent sexual harassment and the dissemination of information on the issue remains limited, particularly in internal workplace rules. With regard to the public sector, the Committee notes the publication of the Circular of 4 March 2014 on combating harassment in the civil service, which refers to the provisions of the Act of 2012 relating to the offences of sexual and other forms of harassment, by specifying their impact in the three branches of the civil service, as well as the obligations of employers and the need for them to take action for the implementation of preventive measures. The Committee nevertheless notes that, in Opinion No. 6-16 of 6 June 2016 issued in the framework of an evaluation of the Act of 2012, the Defender of Rights emphasizes that most employers in the public sector are still largely unaware of the issue of harassment and that attention is often drawn to the insufficiency of the action taken by employers in the public sector (transfer of the victim and maintenance of the perpetrator of harassment in the same job, absence of penalties). The Committee once again asks the Government to take steps to intensify its efforts to disseminate information and raise awareness among private and public employers with a view to preventing and eliminating sexual harassment at work and informing men and women workers, employers and their organizations, of their respective rights and duties in this regard in public and private sectors. It also asks the Government to take the necessary steps to ensure that the employers in the public sector deal with the issue of sexual harassment in an effective and efficient manner to bring an end to all acts of sexual harassment at work, enable victims to assert their rights and to penalize the perpetrators of such acts.

Discrimination on the basis of race, colour and national extraction. Travellers. The Committee notes that the Government’s report does not contain any information on travellers. However, it notes with interest that Act No. 2017 86 of 27 January 2017 on equality and citizenship repeals Act No. 69-3 of 3 January 1969 on the exercise of itinerant activities and the regime governing persons travelling in France without a fixed address or residence, section 2 of which required travellers to hold a special circulation booklet (livret de circulation) issued by the administrative authorities. The Committee nevertheless recalls that in its previous comments it noted the findings of the report published in October 2012 by the Auditor-General on the reception and support provided for travellers, which emphasized the social difficulties faced by them, including the lack of schooling for their children and the occasional nature of their economic activities, as well as direct discrimination in recruitment and in workplaces, and the refusal of registration with the public employment service (Pôle emploi). It notes that the findings of a follow-up survey published in February 2017 show that improvement in the living conditions of travellers is slow and uneven and though schooling for their children is better supervised it still suffers from persistent shortcomings. In the absence of information on this subject in the Government’s report, the Committee asks the Government to provide information on the specific steps taken to promote equality of opportunity and treatment for travellers in access to education at every level and to employment, and particularly the steps intended to improve their skill levels, recognize and validate their occupational skills, and to enable them to register with the public employment service. The Committee also asks the Government to provide information on the steps taken to promote respect and tolerance and to effectively combat discrimination against and stigmatization of travellers.

Article 2. Equality of opportunity and treatment for men and women in the civil service. The Committee welcomes the signing, on 8 March 2013, by all employers in the public sector and representative workers’ organizations of a memorandum of understanding on occupational equality between women and men in the civil service. This memorandum envisages the implementation of 15 measures based on four priorities: social dialogue; equality of career paths and wages; a better work–life balance; and the prevention of violence and harassment at the workplace. It also welcomes the preparation of an annual report on occupational equality between women and men in the civil service submitted to Parliament and of an annual report on “balanced appointments” in senior and managerial posts in the civil service, which shows encouraging results and emphasizes the need to continue the efforts to achieve the set objectives. In this regard, the Committee recalls that Act No. 2012-347 of 12 March 2012 on access for contractual employees in the civil service to permanent employment with improved conditions of service, combating discrimination and issuing various provisions on the civil service, establishes numerical and progressive targets for the appointment of women to higher managerial posts. It also recalls that Decree No. 2012 601 of 30 April 2012 on the procedures for “balanced appointments” to higher managerial posts in the civil service determines the relevant positions. While noting that the Government’s report does not contain any information on this subject, the Committee observes that two new texts have been adopted for the implementation of this mechanism: Decree No. 2014 1747 of 30 December 2014, which amends the Decree of 2012, and the Circular of 13 April 2016 issued for its implementation. The Committee asks the Government to provide specific information on the implementation of occupational equality measures in the civil service, including on the achievement of the numerical targets and quotas for appointments established by law, on the obstacles encountered and the results achieved. It asks the Government to intensify its efforts and to continue to take, in collaboration with workers’ organizations, steps to promote equality between men and women in the civil service and to encourage the professional development of women.

Equality of opportunity and treatment in education, vocational training and employment. Persons with disabilities. The Committee notes that, despite its previous request, the Government’s report does not contain any information on the application of Act No. 2005-102 of 11 February 2005 on equal rights and opportunities, participation and citizenship of persons with disabilities in relation to education, guidance or training for such persons. The Committee asks the Government to provide information on the steps taken, in collaboration with workers’ and employers’ organizations, to promote and ensure equality of opportunity and treatment of persons with disabilities in employment and occupation, particularly on any steps taken to improve the access to education and vocational training of young persons with disabilities in order to improve their qualifications, as well as information on the results achieved in terms of their integration and maintenance in employment.

Institution to combat discrimination and promote equality. The Committee notes the annual activities report prepared by the Defender of Rights for 2016, which observes a decline in access to rights and concludes that, in order to combat discrimination in employment, the effectiveness of legal mechanisms, relating to both recruitment and career development, must be reinforced. The Committee emphasizes the importance of the role played by the Defender of Rights in combating discrimination and promoting equality in employment and occupation, particularly through the handling of complaints, legal opinions expressed in court, proposals for reform, opinions on draft legislation, information and awareness-raising campaigns and the preparation of various practical guides (for example, to improve awareness of rights relating to discrimination). The Committee trusts that the Government will continue to take the necessary steps to ensure that the Office of the Defender of Rights, in relation to its mandate to “combat discrimination and promote equality”, has the necessary means and personnel to achieve not only its objectives relating to the handling of complaints, but also of awareness raising and information, training, research and analysis, and recommendations to public authorities.

Statistics. In the absence of a reply from the Government on this issue, the Committee reiterates its request for information on the dissemination to enterprises of the guide published by the National Commission on Information Technology and Freedoms (CNIL) and the Defender of Rights on the collection of data on equality in employment and on the use of the guide. It once again asks the Government to provide information on the manner in which the impact of the measures taken to combat discrimination and promote equality in employment are evaluated, and to assess the progress achieved in this regard.