List of issues : France. 22/11/93.
CRC/C.5/WP.4. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Fifth session
Pre-sessional Working Group
15-19 November 1993


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD


List of issues to be taken up in connection with the consideration
of the initial report of France (CRC/C.5/3/Add.15)

General measures of implementation
(Arts. 4, 42 and 44, para. 6, of the Convention)

1. Taking into account the reservation entered by France in connection with article 30, and having in mind the final document adopted by the World Conference on Human Rights, please indicate whether the French Government intends to consider reviewing and possibly withdrawing that reservation (para. 47 of the report and A/CONF.157/23, II, para. 5).

2. Please provide information on the implementation of the Convention by the courts. What is its value in relation to French law, and in what specific areas has it been invoked? (see also core document HRI/CORE/1/Add. 17, para. 71.)

3. Please provide further information on the rules governing "medically assisted procreation". What happens to the child if the surrogate mother refuses to hand over the child after the confinement? What guarantees are provided in order to ensure that advances in the life sciences do not have a negative effect on the rights of the child, in particular as regards filiation, family environment, etc. (see paras. 24-27 and 198 of the report)?

4. What is the impact on children of the framework law for urban areas? In connection with the participation of children in the life of the community, the report mentions the existence of "local councils for children" (para. 82 of the report). What are the conclusions of the study referred to in paragraph 83? In what circumstances do these councils act, and what are their powers (advisory, offering suggestions, exerting pressure)? How has public opinion responded to their activities?

5. With reference to paragraph 34 of the report, what criteria were employed in carrying out decentralization, inter alia at the financial level, and with what results?

6. What proportion of the budget is set aside for social programmes?

7. With reference to paragraphs 7 and 8 of the report, please indicate the percentage earmarked for the rights of the child in development assistance policy, inter alia at the social level, in the spirit of the principle of the "best interests of the child". Please indicate how the Convention on the Rights of the Child is taken into consideration in "Third world Day at School", more particularly in the spirit of solidarity promoted by article 29, paragraph 1 (c) and (d), and of cooperation and development assistance as advocated in article 4 of the Convention (para. 16 of the report).

8. What measures have been taken to ensure the dissemination of the Convention, by adequate means, among children? What training activities designed for professional groups (judges, including judges responsible for hearing family cases, lawyers, teachers, police officers, etc.) have been developed?

9. What difficulties have been encountered in connection with the implementation of the Convention?


Definition of the child
(Art. 1 of the Convention)

1. Is there any derogation from the minimum legal age for marriage? If so, in what cases?

2. Having regard to paragraphs 161 and 395-398 of the report and articles 1, 37 (b) and 40, paragraph 3 (a), of the Convention, please specify the age of criminal liability of children and the manner in which deprivation of freedom, including police detention, in the case of children is a measure of last resort and is applied for the shortest possible period.


General principles

Non-discrimination (Art. 2 of the Convention)

1. Please specify the manner in which protection of the child against all forms of discrimination as set forth in article 2, paragraph 2, of the Convention is ensured.

2. Please specify, taking into account paragraphs 29 and 31 of the report, the measures taken to ensure non-discrimination in respect of children of migrant workers.

3. Please specify the measures taken to ensure the right to education in a non-discriminatory manner for children who wear the Islamic veil. Please indicate also how the publicity given to this problem by the media could interfere with the enjoyment of the rights recognized by article 16 of the Convention, and what measures have been taken in this connection.

4. Please indicate whether the bill relating to the abolition of discrimination suffered by adulterine children in matters of inheritance has in fact been introduced in Parliament (para. 165 of the report).

5. Please explain the basis for the distinction made in regard to payment of family, benefits between children who are de jure or de facto in different situations (para. 165 of the report).

6. Bearing in mind the principle of non-discrimination, please specify the reason why, in paragraph 303 of the report, the right to maintain regular relations with separated parents applies only to legitimate Franco-Algerian children. Also please indicate the distinction in connection with the name of the child, referred to in paragraph 186, and in connection with the exercise of parental authority, referred to in paragraph 248.

The right to life, survival and development (Art. 6 of the Convention)

7. Please supply precise information on the preparation of provisional birth certificates, the certificate for children without filiation and the certificate of origin.

Respect for the views of the child (Art. 12 of the Convention)

8. Having regard to paragraphs 97-98 and 189 of the report, please indicate:

- In what circumstances, by what procedure and with what guarantees does the child proceed to consent to a change in his first name or his surname or to his adoption;

- Whether the child may take the initiative as regards changing his or her name. What weight is given to a refusal to consent (how is respect for the best interests of the child ensured)?


Civil rights and freedoms
(Arts. 7, 8, 13-17 and 32, para. 2 (a), of the Convention)

1. Please elucidate the legal basis for the principle of secrecy of confinement and of birth and its conformity with the right of the child to know his or her origin and filiation and not to be separated from his or her parents.

2. Please specify what action has been taken on the recommendation of the Council of State advocating the establishment of a "board for research into family origins", referred to in paragraph 198 of the report.

3. Please indicate how the right of the child to seek, receive and impart information, recognized by article 13 of the Convention, is ensured.

4. What is the system of protection envisaged by the Government with regard to video-cassettes?

5. Please indicate the results reported in the statement presented to Parliament on the prevention and suppression of child abuse, including progress achieved and difficulties encountered (para. 72 of the report).


Family environment and alternative care
(Arts. 15, 18, paras. 1-2, 9, 10, 27, para. 4, 20, 21, 11, 19, 39 and 25 of the Convention)

1. Please specify what provisions guarantee parental authority and visiting rights in the case of separated or divided couples where each partner has established a new home. What, in particular, is the situation of the father?

2. What is the impact of decisions taken by the Direction départementale de l'Action sociale et de la santé (DDASS) in the case of family "placement", adoption or change of foster family upon the life of the child? Are its views taken into consideration? Are the best interests of the child always taken into consideration?

3. Is there a training programme for social workers focused on the rights of the child?

4. Please specify the measures taken as regards negotiating or acceding to international conventions with a view to securing the recovery of maintenance from abroad, having regard to article 27, paragraph 4, of the Convention.

5. Please specify the measures adopted to ensure the consideration of the guarantees set forth in article 21 of the Convention, and in particular respect for the principle of the best interests of the child, in connection with national and inter-country adoption.

6. Please indicate measures taken to ensure the rehabilitation of children who have been abused.


Health and welfare
(Arts. 6, para. 2, 23, 24, 26, 18, para. 3, and 27, paras. 1-3, of the Convention)

1. Please indicate the measures taken to abolish traditional practices prejudicial to the health of children (art. 24, para. 3, of the Convention).

2. Please specify the progress made in recent years in the field of medical services (para. 360 of the report).


Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)

1. Please provide information on the results of the adoption of the "School Support Charter" and any difficulties encountered (para. 379 of the report).

2. Please specify the role played by the Convention on the Rights of the Child in the field of education in human rights (para. 383 of the report).

3. Please indicate the training programmes for teachers in the field of the rights of the child.


Special Protection measures

Children in situations of emergency (Arts. 22, 38 and 39 of the Convention)

1. Please indicate the measures taken, having regard to article 22 of the Convention on the Rights of the Child, to ensure that a child who is seeking refugee status or who is considered to be a refugee enjoys the rights set forth in the Convention. With regard to refugee status for under-age asylum-seekers who arrive unexpectedly in France, please indicate the measures taken to ensure that these children receive effective protection and assistance (paras. 388-390 of the report).

Children in conflict with the law (Arts. 37, 39 and 40 of the Convention)

2. Taking into account paragraph 404 of the report, please indicate the results of the implementation of the circular dated 15 October 1991 issued by the Minister of Justice.

3. Taking into account the introduction of a compensation system into French legislation, please specify the manner in which this system ensures full respect for the human rights and legal guarantees set forth in article 40, paragraph 3 (b), of the Convention (para. 400 of the report).

4. Please indicate the measures taken to promote the child's reintegration and its assumption of a constructive role in society in cases where the child is alleged as, accused of, or recognized as having infringed the penal law (art. 40, para. 1, of the Convention).

Children in situations of exploitation, including physical and psychological recovery and social reintegration (Art. 39 of the Convention)

5. Please indicate the measures taken to ensure the protection of the child against economic exploitation, inter alia within the informal labour sector.

6. Please indicate, in the light of article 32 of the Convention, the measures taken to ensure control of child labour, the provision of appropriate penalties and training activities undertaken, including those for labour inspectors.

7. Please specify whether the day of reflection on the prevention of sexual abuse was observed during 1993, and, if so, what were the results. Please specify the rehabilitation measures adopted in that connection (para. 417 of the report).

Children belonging to a minority or an indigenous group (Art. 30 of the Convention)

8. What measures are taken to facilitate the realization of the rights of gypsy children within French society?


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