A/HRC/23/3
40.
Germany, concerned by various acts of discrimination against Roma, asked how
France ensured that it met its obligations under international law, given the treatment of
Roma by police. Noting the overcrowding and poor conditions in prisons, it asked what
measures were being envisaged to improve the situation.
41.
The leader of the French delegation said that France could not be satisfied with the
state of its prisons. Criticism of detention conditions was heard from abroad as well as at
home. Monitoring of places of detention (by the judiciary, parliamentarians and the
administration’s internal monitoring mechanisms) had been stepped up.
42.
Since 2007, France had established a number of additional monitoring mechanisms
to ensure better protection of the rights of detainees; they included the Inspector-General of
Prisons as well as the 150 deputies of the Defender of Rights who carried out prison visits.
43.
France’s objective was to update and modernize its prisons by closing down
outdated facilities and building new ones to increase capacity. Some of the places in them
would be set aside for the social rehabilitation of prisoners. Furthermore, the Prisons Act of
24 November 2009 established the principle of making all prison terms more flexible, with
imprisonment becoming the exception. The use of alternative measures to detention needed
to be further encouraged.
44.
Prison staff now received more training in preventing suicide in prison. The Prisons
Act set strict rules for the use of force by prison staff, limiting it to legitimate defence in the
case of violent resistance and making it conditional on proportionality and strict necessity
in preventing escapes or restoring order.
45.
In application of the principles of the indivisibility of the Republic, equality before
the law and the unity of the French people, France did not recognize the existence of groups
or communities with specific rights. France thus did not recognize the Roma as a group and
did not collect statistics related to ethnic origin. However, neither did it underestimate the
problems it was facing, and it set its action against the background of what was happening
at European level, as the whole of the continent was concerned. A national strategy for the
inclusion of Roma had been adopted in February 2012, with priority on access to education,
employment, health and housing.
46.
Illegal camps were dismantled in response to an immediate danger or health risk, in
particular. However, it was the task of the local Government services, in partnership with
local authorities and associations, to ensure that they responded properly to the situation of
the individuals and families concerned. As soon as a camp was set up, prefects should
conduct a diagnostic survey of needs in respect of health care, employment and schooling
for children. Before beginning to dismantle any illegal installations, they must, first and
foremost, provide emergency accommodation. An interministerial delegate for
accommodation and access to housing was responsible for coordination at all levels, from
local to national, to allow a proper response to all types of situation.
47.
Secularism was a principle of freedom in France, and had three aspects: the
neutrality of public officials, consideration of religious practice and equal attention from the
authorities to the different religions. Under French law, it was thus possible to grant leave
of absence for religious festivals, to perform ritual slaughter, to set aside specific places in
cemeteries for the non-Christian religions and to grant indirect assistance for the
construction and maintenance of places of worship.
48.
Implementation of the Act on wearing symbols or attire that ostensibly demonstrate
religious affiliation in public primary and secondary schools had been unproblematic. The
vast majority of cases had been resolved through dialogue. The Ministry of Education
Ombudsman had not received any complaints and there were no cases pending before the
courts. The European Court of Human Rights had confirmed that the restrictions prescribed
GE.13-12484
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