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Human rights in France

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Human rights in France are contained in the preamble of theConstitution of theFrench Fifth Republic, founded in 1958, and the 1789Declaration of the Rights of Man and of the Citizen. France has also ratified the 1948Universal Declaration of Human Rights, as well as theEuropean Convention on Human Rights 1960 and theCharter of Fundamental Rights of the European Union (2000). All theseinternational law instruments take precedence onnational legislation. However,human rights abuses take place nevertheless. The state ofdetention centres for unauthorized migrants who have received an order ofdeportation has also been criticized.

Conventions and acts

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Declaration of the Rights of Man and of the Citizen

During theFrench Revolution, deputies from theThird Estate drafted theDeclaration of the Rights of Man and of the Citizen, voted by theGeneral Estates on 26 August 1789. Inspired by thephilosophy of the Enlightenment and by the 1776United States Declaration of IndependenceLafayette participated in the drafting of both – in that it proclaims the "inalienable rights of Man", and is protected by a "Supreme Being", it mainly granted to thepeople the right offreedom of expression, offreedom of thought,freedom of association,liberty,security and the protection ofprivate property. France signed and ratified theUniversal Declaration of Human Rights in 1948 as well as allGeneva Conventions.

Roma expulsion (since 2010)

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Main articles:Deportation of Roma migrants from France andRomani people in France
Poster protesting the treatment ofRoma gypsies byGuity Novin

In 2010, the French government launched a programme of forced deportation of the Roma. These deportations have been heavily criticised by many human rights and international political organisations.[1]The Council of Europe has condemned the expulsions, calling them "contrary to human dignity".[2][3] Those who accepted to leave France received €300 per adult and €100 per child under the condition that they sign a declaration stating they will not try to come back to France.[4] The French Government had the goal of deporting 30,000 Roma in 2011.[5]

Censorship

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Main article:Censorship in France

In conventional terms, France does not have censorship laws. Historically, before its repeal underFrançois Mitterrand in the early 1980s, theORTF had a significant influence on the mass media. TheCSA that has since replaced it is concerned with the respect ofFrench law in the media, in particular the 1990Gayssot Act which prohibits racist and/or religioushate speech, and time period allocated to eachpolitical party during pre-electoral periods. Furthermore, other laws prohibithomophobic hate speech, and a 1970 law prohibits the advocacy ofillegal drugs.

Police abuses and detention conditions

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In 2004, theInspector General of the National Police received 469 registered complaints about illegitimatepolice violence during the first 11 months of the year, down from 500 during the same period in 2003. There were 59 confirmed cases of police violence, compared to 65 in the previous year. In April 2004, the ECHR condemned the Government for "inhumane and degrading treatments" in the 1997 case of a teenager beaten while in police custody. The court ordered the Government to pay Giovanni Rivas $20,500 (15,000 euros) in damages and $13,500 (10,000 euros) in court costs.[6] The head of the police station inSaint-Denis, near Paris, was forced to resign after allegations of rape and other violations committed by the police force under his command. Nine investigations concerning police abuse in this police station were done in 2005 by the IGS inspection of police.[7][8]

Discrimination

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On 2 December 2020, the French government dissolved the ‘Collective Against Islamophobia in France’ (CCIF), an NGO that combatsdiscrimination against Muslims. CCIF's works have been recognised by the Human Rights Watch as well as other international human rights organizations and lawyers to be important in documenting the discriminatory impact of counterterrorism measures.[9]

The "idéal républicain" (republican ideal) intends to achieve equality in rights between French citizens. To this end, in the national census, the collection of statistics regarding ethnicity or religion is forbidden. This has led to some debate over the decline of indigenous minority languages and identity in the French Republic.

According to the Direction centrale des renseignements généraux (Central Directorate of General Intelligence), the former intelligence service of the French police, in 2004 there were 1,513 explicitly racist or antisemitic incidents in France, including 361 acts of violence. Antisemitic incidents were the most numerous, accounting for 950 of the incidents, including 199 violent acts.[10] Anti-Maghreb incidents accounted for 563 incidents, including 162 violent acts. The Paris region was the most affected. 2007 saw an overall decrease of 9% in such incidents.[11]

In May 2019, "inhumane treatment" by France towards the children of French citizens affiliated withIslamic State jihadists stranded inSyria highlighted that Paris was flouting its UNConvention on the Rights of the Child obligations.[12]

Minority acculturation

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Main article:Languages of France

Before the Revolution, Standard French (a dialect ofLangue d'Oïl) was spoken in only slightly more than half of the territory of France. In westernBrittany, southernFlanders,Alsace-Lorraine and most of the southern half of France (Occitania), local people had their own distinct cultures.Breton is aCeltic language akin toWelsh, Alsace-Lorraine was part of the German-speaking world, whileOccitan is a separateRomance language. With the centralization of the Republic that accompanied the Revolution, the state imposed the teaching of Standard French in all schools and universities, and the exclusive use of French in government institutions.

Promotion of a local language or culture has finally been allowed, but under severe restrictions which effectively make it difficult to publish, organize classes, or media broadcasts.

Freedom of religion

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Main article:Status of religious freedom in France

Freedom of religion in France is guaranteed by the constitutional rights set forth in the 1789Declaration of the Rights of Man and of the Citizen. In practice, however, the government restricts religious expression in the public square. For example, it is typically illegal to wear religious symbols in public schools such as crosses or hijabs. In addition, France from theThird Republic onwards has had a long tradition of hostility towardsCatholicism, and an almost equally long flirtation withantisemitism.

Women's rights

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Main article:Women in France
International Women's Day march in Paris on 8 March

France legalizedwomen's suffrage on 21 April 1944.

TheNeuwirth law legalizedbirth control methods on 28 December 1967.Youths were given anonymous and free access to them in 1974.

Abortion was legalized in the first 12 weeks of pregnancy by theVeil law on 17 January 1975.

LGBT rights

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Main article:LGBT rights in France

Homosexuality was decriminalized during theRevolution by the law of 25 September – 6 October 1791.

On 6 August 1942 Vichy government introduced a discriminative law in penal code: article 334 (moved to article 331 on 8 February 1945 by theProvisional Government of the French Republic) increased age of consent to 21 for homosexual relations. This law remained valid until 4 August 1982.

A less known discriminative law (ordonnance n°60-1245 on 1960, 25 November ) doubled penalty forindecent exposure in case of homosexual activity, between 1960 and 1980 (penal code article 330). This text is also known as theMirguetamendment.[13]

Thepacte civil de solidarité, a form ofcivil union, introduced in 1999, allows same-sex unions.

A bill granting same-sex couples the right to marry and jointly adopt children was adopted by the National Assembly on 18 May 2013 byLaw 2013-404

Intersex rights

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Main article:Intersex rights in France

Intersex people in France face significant gaps in protection from non-consensual medical interventions and protection from discrimination. In response to pressure from intersex activists and recommendations by United Nations Treaty Bodies, the Senate published an inquiry into the treatment of intersex people in February 2017. It calls for significant changes to some medical practices, and also reparations for individuals subjected to coercive medical treatment.[14][15] An individual, Gaëtan Schmitt, has taken legal action to obtain civil status as "neutral sex" ("sexe neutre") but, in May 2017, this was rejected by the Court of Cassation.[16]

Human trafficking

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Main article:Human trafficking in France

There has been a growing awareness ofhuman trafficking as a human rights issue in Europe (see main article:trafficking in human beings). The end of communism and collapse of the Soviet Union and Yugoslavia has contributed to an increase in human trafficking, with the majority of victims being women forced into prostitution.[17][18] France is a transit and destination country for persons, primarily women, trafficked mainly from Central and Eastern Europe and from Africa for the purpose of labour exploitation and sexual exploitation. The Government of France fully complies with the minimum standards for the elimination of trafficking. The French government was called on to make sure that implementation of the 2003 Domestic Security Law did not result in re-victimizing trafficking victims by improving the screening of foreign prostitutes so that trafficking victims are properly identified and protected from their traffickers.[19]

Tayeb Benabderrahmane case (2020-)

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Main article:Tayeb Benabderrahmane v. Qatar

France traditionally claims to act as the protector of its nationals abroad. This mission, framed by the1963 Vienna Convention on Consular Relations, involves providing assistance in cases of arrest, conviction, or violations offundamental rights.

Several parliamentary reports and NGOs, however, have noted gaps between this principle and actual practice, particularly in politically sensitive situations.[20] A prominent case is that of Franco-Algerian citizen Tayeb Benabderrahmane, who was arrested in Doha in January 2020. He claims to have been arbitrarily detained for 307 days without effective consular assistance or access to an independent lawyer. Released in October 2020 on condition that he sign aconfidentiality protocol withNasser Al-Khelaïfi, he filed a complaint in France in 2022 for kidnapping and torture.

On 31 May 2023, he was sentenced inabsentia todeath for espionage by a Qatari criminal court.[21] TheFrench Ministry for Europe and Foreign Affairs was informed of this judgment in the summer of 2023 but did not communicate it to Benabderrahmane, who only became aware of it in November 2023.[22] The lack of any public reaction highlighted a possible failure of diplomatic protection.[23]

Mass surveillance and databases

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Further information:Government databases § France, andMass surveillance

The collection, storage, and use of personal data is regulated by theCNIL whose mission is to enforce compliance with thedata privacy law.[citation needed]

Human rights organizations

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Human rights organizations operating in France include:

See also

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References

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  1. ^Davies, Lizzy (15 September 2010)."France defends Roma expulsion policy".The Guardian. London.
  2. ^"Rights body condemns French Roma expulsions".Al Jazeera. 10 November 2011.
  3. ^"The European Social Charter"(PDF).European Social Charter.
  4. ^"France resumes deportations of Roma people from Romania".Romea.cz. Czech Press Agency. 13 April 2010. Archived fromthe original on 25 July 2012. Retrieved25 November 2011.
  5. ^Bran, Mirel (12 October 2011)."France's Immigration Chief Revisits the Roma Expulsion Issue, in Romania".Le Monde.Worldcrunch. Archived fromthe original on 22 November 2011. Retrieved25 November 2011.
  6. ^2004 Country Reports on Human Rights Practices in France, Country Reports on Human Rights Practices – 2004; Released by the USBureau of Democracy, Human Rights, and Labor – URL accessed on 18 February 2007(in English)
  7. ^Viols, vols, violences : neuf enquêtes visent des policiers du commissariat de Saint-Denis,Le Monde, 9 September 2005(in French)
  8. ^Mais que fait la Police ?Archived 26 October 2005 at theWayback Machine (But What Is Doing The Police?),Marianne en linge, 14 September 2005(in French)
  9. ^Raynolds, Daniel (30 December 2020)."French Blunders: Controversial Security Law and Shutting Down of Human Rights NGO".International Policy Digest.
  10. ^"Actes racistes et antisémites en France : 2004 aura été une année noire".Le Monde.fr.
  11. ^"Rapports annuels - Commission nationale consultative des droits de l'homme". Archived fromthe original on 2 June 2011. Retrieved30 September 2009.
  12. ^"Human rights agency slams France's 'inhumane and degrading treatment' of jihadists' children".South China Morning Post. 29 May 2019. Retrieved29 May 2019.
  13. ^"1960 sous amendement Mirguet".semgai.free.fr. Retrieved29 October 2020.
  14. ^Sénat; Blondin, Maryvonne; Bouchoux, Corinne (23 February 2017).Variations du développement sexuel : lever un tabou, lutter contre la stigmatisation et les exclusions. 2016-2017. Paris, France: Sénat.
  15. ^Duclos, Richard (8 March 2017)."Le Sénat veut lever le tabou des enfants intersexes".Le Monde.fr.ISSN 1950-6244. Retrieved24 March 2017.
  16. ^"La justice refuse l'inscription " sexe neutre " sur un état civil".Le Monde. 4 May 2017.
  17. ^"Trafficking in human beings". Archived fromthe original on 7 March 2004. Retrieved6 March 2015.
  18. ^"BBC NEWS - Europe - A modern slave's brutal odyssey".bbc.co.uk. 3 November 2004.
  19. ^"V. Country Narratives -- Countries A through G".U.S. Department of State.
  20. ^"Rapport Les droits de l'Homme en France 2017-2021".CNCDH (in French). Retrieved3 October 2025.
  21. ^"Les avocats d'un lobbyiste franco-algérien assurent que le Qatar l'a condamné à mort".L'Orient-Le Jour (in French). 27 September 2023. Retrieved3 October 2025.
  22. ^"Bataille judiciaire autour de la condamnation à mort d'un consultant franco-algérien par le Qatar" (in French). 22 November 2023. Retrieved3 October 2025.
  23. ^"Qatar Connection : Catherine Colonna, étrangère aux affaires".www.blast-info.fr. 15 October 2024. Retrieved3 October 2025.

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