There were no reports that the government or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns cited in prisons and detention centers regarding physical conditions. Adults and juveniles were held separately, although minors were held with their parents in immigration detention centers as an alternative to splitting families.

Civil society groups challenged federal and some provinces’ use of solitary confinement in the court system. The cases limited solitary confinement of the mentally ill and recommended caps on the length of time an inmate can be placed in solitary confinement. In May 2017 the federal correctional investigator or ombudsman for federally sentenced offenders reported an estimated 400 federal inmates were in solitary confinement on any given day and reported the average length of stay for men at 22 days (down from 35 days in previous years), and for women an average of 10 days. The average time inmates spent in solitary confinement also fell in part due to assignment of high-needs inmates to treatment programs and specialized units for mental care, drug addiction, or other factors as an alternative to segregation.

In July an Ottawa man filed suit against the Ontario government for a mental health breakdown he alleged occurred after spending 18 months in solitary confinement while on remand awaiting trial.

On January 5, the Royal Canadian Mounted Police (RCMP) indicted two correctional officers for manslaughter and criminal negligence causing the in-custody death of Matthew Hines, who died from asphyxiation in 2015 after being repeatedly pepper sprayed. On April 25, both defendants pleaded not guilty, and their cases were pending trial as of October 1.

Administration: Independent authorities investigated credible allegations of inhumane behavior and documented the results of such investigations in a publicly accessible manner.

Independent Monitoring: The government permitted visits by independent nongovernmental human rights observers.

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court; the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

National, provincial, and municipal police forces maintain internal security. The armed forces are responsible for external security but in exceptional cases may exercise some domestic security responsibility at the formal request of civilian provincial authorities. The RCMP reports to the Department of Public Safety, and the armed forces report to the Department of National Defense. Provincial and municipal police report to their respective provincial authorities. The Canada Border Services Agency reports to the Department of Public Safety and Emergency Preparedness and is responsible for enforcing immigration law. Civilian authorities maintained effective control over the RCMP and provincial and municipal police forces, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Authorities generally relied upon warrants in the apprehension of persons. A judge can issue a warrant if satisfied a criminal offense might have been committed. A person arrested for a criminal offense has the right to a prompt, independent judicial determination of the legality of the detention. Authorities respected this right. Authorities provided detainees with timely information on the reason for the arrest and provided prompt access to a lawyer of the detainee’s choice, or, if the detainee was indigent, a lawyer provided by the state without restriction. Bail generally was available. Authorities may hold persons under preventive detention for up to seven days, subject to periodic judicial review. Suspects were not detained incommunicado or held under house arrest.

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and the independent judiciary generally enforced this right. Trials are held before a judge alone or, for more serious cases, before a judge and jury. Defendants have the right to a timely trial, to be present at their trial, and to consult with an attorney of their choice in a timely manner. The government provides an attorney at public expense if needed when defendants face serious criminal charges, and defendants may confront or question witnesses against them and present witnesses and evidence on their behalf. Defendants and their attorneys generally had adequate time and facilities to prepare a defense. Defendants also enjoy a presumption of innocence, the right to be informed promptly and in detail of the charges against them (with free interpretation as necessary), the right not to be compelled to testify or confess guilt, and the right of appeal.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters and access to a domestic court to bring a suit seeking damages for, or cessation of, a human rights violation. Remedies can be monetary, declaratory, or injunctive. Federal or provincial human rights commissions may also hear alleged human rights violations. Individuals may also bring human rights complaints to the United Nations or Inter-American Commission on Human Rights.

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: According to Supreme Court rulings, the government may limit speech to counter discrimination, foster social harmony, or promote gender equality. The court ruled that the benefits of limiting hate speech and promoting equality are sufficient to outweigh the freedom of speech clause in the Charter of Rights and Freedoms, the country’s constitutional bill of rights.

The criminal code prohibits public incitement and willful promotion of hatred against an identifiable group in any medium. Inciting hatred (in certain cases) or genocide is a criminal offense, but the Supreme Court sets a high threshold for such cases, specifying that these acts must be proven to be willful and public. Provincial-level film censorship, broadcast licensing procedures, broadcasters’ voluntary codes curbing graphic violence, and laws against hate literature and pornography impose some restrictions on the media.

On August 9, the Supreme Court announced it would hear the appeal of a Quebec superior court ruling in March that ordered a Radio Canada journalist to reveal confidential sources the journalist used involving a former deputy premier of the province. On November 30, the Supreme Court reaffirmed its prior rulings that the government may compel media organizations to produce evidence in relation to criminal investigations. In its decision the court declined to address whether the press enjoys distinct and independent constitutional protection, noting the matter was not considered by the lower courts. The court also noted that the 2017 Journalistic Sources Protection Act did not apply, because the case arose before the law took effect.

The trial of a Mississauga, Ontario, man charged in 2017 with one count of willful promotion of hatred for posting abusive videos and materials against Muslims and other groups on his website and other social media platforms remained pending as of October 1.

In December 2017 a Quebec government commission presented its findings after investigating reports that Quebec law enforcement agencies surveilled eight journalists between 2008 and 2016 as part of internal police investigations into sources of leaked information in a political corruption case. Although the police had a warrant from a Quebec court for each case, testimony suggested police might have based warrant applications on unsubstantiated allegations. The commission found no conclusive proof of political interference with police investigations but recommended legislation to establish a legal firewall between police and politicians and to protect journalistic sources, as well as improve police training to ensure freedom of the press.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Approximately 99 percent of households could access broadband services. According to International Telecommunication Union data, 93 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Durable Solutions: The government accepted refugees for resettlement from third countries and facilitated local integration (including naturalization), particularly of refugees in protracted situations. The government assisted the safe, voluntary return of refugees to their homes.

Temporary Protection: The government also provided temporary protection (in the form of temporary residence permits) to persons who may not qualify as refugees.

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In 2015, following a free and fair election, the Liberal Party won a majority of seats in the federal parliament and formed a national government.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate. The government of New Brunswick provided financial incentives to political parties to field female candidates in provincial elections.

a. Freedom of Association and the Right to Collective Bargaining

Federal and some provincial laws, including related regulations and statutory instruments, provide for the right of workers in both the public and the private sectors to form and join independent unions, conduct legal strikes, and bargain collectively. Workers in the public sector who provide essential services, including police and armed forces, do not have the right to strike but have mechanisms to provide for due process and to protect workers’ rights. Workers in essential services had recourse to binding arbitration if labor negotiations failed. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. There were no reports of antiunion discrimination or other forms of employer interference in union functions.

Federal labor law applies in federally regulated sectors, which include industries of extra provincial or international character, transportation and transportation infrastructure that crosses provincial and international borders, marine shipping, port and ferry services, air transportation and airports, pipelines, telecommunications, banks, grain elevators, uranium mining and processing, works designated by the federal parliament affecting two or more provinces, protection of fisheries as a natural resource, many First Nation activities, and most crown corporations. These industries employed approximately 10 percent of workers.

The law grants the government exclusive authority to designate which federal employees provide an essential service and do not have the right to strike. The law also makes it illegal for an entire bargaining unit to strike if the government deems 80 percent or more of the employees of the unit essential.

Provincial and territorial governments regulate and are responsible for enforcing their own labor laws in all occupations and workplaces that are not federally regulated, leaving categories of workers excluded from statutory protection of freedom of association in several provinces. Some provinces restrict the right to strike. For example, agricultural workers in Alberta and Ontario do not have the right to organize or bargain collectively under provincial law.

The government generally respected freedom of association and the right of collective bargaining. The government effectively enforced applicable laws and regulations, including with effective remedies and penalties such as corrective workplace practices and criminal prosecution for noncompliance and willful violations. Penalties were sufficient to deter violations. Administrative and judicial procedures were not subject to lengthy delays and appeals.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. The law prescribes penalties for violations of up to 14 years’ imprisonment, or life imprisonment in the case of certain aggravating factors, such as kidnapping or sexual assault. Such penalties were sufficiently stringent. The government investigated and prosecuted cases of forced labor and domestic servitude.

The federal government held employers of foreign workers accountable by verifying employers’ ability to pay wages and provide accommodation and, through periodic inspections and mandatory compliance reviews, ensuring that employers provided the same wages, living conditions, and occupation specified in the employers’ original job offer. The government can deny noncompliant employers the permits required to recruit foreign workers for two years and impose fines of up to C$100,000 ($76,800) per violation of the program. Some provincial governments imposed licensing and registration requirements on recruiters or employers of foreign workers and prohibited the charging of recruitment fees to workers.

There were reports employers subjected noncitizen or foreign-born men and women to forced labor in the agricultural sector, food processing, cleaning services, hospitality, construction industries, and in domestic service. NGOs reported bonded labor, particularly in the construction industry, and domestic servitude constituted the majority of cases of forced labor and that some victims had participated in the Temporary Foreign Worker Program.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. There is no federal minimum age for employment. In federally regulated sectors, children younger than 17 may work only when they are not required to attend school under provincial legislation, provided the work does not fall under excluded categories (such as work underground in a mine, on a vessel, or in the vicinity of explosives), and the work does not endanger health and safety. Children may not work in any federally regulated sector between the hours of 11 p.m. and 6 a.m. The provinces and territories have primary responsibility for regulation of child labor, and minimum age restrictions vary by province. Enforcement occurs through a range of laws covering employment standards, occupational health and safety, education laws, and in regulations for vocational training, child welfare, and licensing of establishments for the sale of alcohol. Most provinces restrict the number of hours of work to two or three hours on a school day and eight hours on a nonschool day, and prohibit children ages 12 to 16 from working without parental consent, after 11 p.m., or in any hazardous employment.

Authorities effectively enforced child labor laws and policies, and federal and provincial labor ministries carried out child labor inspections either proactively or in response to formal complaints. There were reports that limited resources hampered inspection and enforcement efforts. Penalties were pecuniary and varied according to the gravity of the offense.

There were reports child labor occurred, particularly in the agricultural sector. There were also reports children, principally teenage females, were subjected to sex trafficking and commercial sexual exploitation (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit discrimination with respect to employment or occupation on the basis of race, color, sex, religion, national origin or citizenship, disability, sexual orientation or gender identity, age, language, HIV-positive status, or other communicable diseases. Some provinces, including Quebec, New Brunswick, and Newfoundland and Labrador, as well as the Northwest Territories, prohibit employment discrimination on the grounds of social origin, “social condition,” or political opinion. The government enforced the law effectively, and penalties were sufficient to deter violations. Federal law requires, on a complaint basis, equal pay for equal work for four designated groups in federally regulated industries enforced through the Canadian Human Rights Commission: women, persons with disabilities, indigenous persons, and visible minorities. Ontario and Quebec have pay equity laws that cover both the public and private sectors, and other provinces require pay equity only in the public sector.

Authorities encouraged individuals to resolve employment-related discrimination complaints through internal workplace dispute resolution processes as a first recourse, but federal and provincial human rights commissions investigated and mediated complaints and enforced the law and regulations. Some critics complained the process was complex and failed to issue rulings in a timely manner. Foreign migrant workers have the same labor rights as citizens and permanent residents, although NGOs alleged discrimination occurred against migrant workers and that some refugee claimants faced language and other nonlegal barriers that made it difficult to enter the workforce.

e. Acceptable Conditions of Work

There is no national minimum wage and no official poverty income level. As of October provincial and territorial minimum wage rates ranged from C$14.00 to C$11.06 ($10.75 to $8.50) per hour. Some provinces exempt agricultural, hospitality, and other specific categories of workers from minimum wage rates. For example, Ontario has a minimum wage lower than the respective minimum for adult workers for persons younger than 18 who work less than 28 hours per week when school is in session. The government effectively enforced wage rates and penalties were sufficient to deter violations.

Standard work hours vary by province, but in each the limit is 40 or 48 hours per week, with at least 24 hours of rest. The law requires payment of a premium for work above the standard workweek. There is no specific prohibition on excessive compulsory overtime, which is regulated by means of the required rest periods in the labor code that differ by industry. Some categories of workers have specific employment rights that differ from the standard, including commercial fishermen, oil-field workers, loggers, home caregivers, professionals, managers, and some sales staff.

Federal law provides safety and health standards for employees under federal jurisdiction. Provincial and territorial legislation provides for all other employees, including foreign and migrant workers. Standards were current and appropriate for the industries they covered. Responsibility for identifying unsafe situations resides with authorities, employers, and supervisors, not the worker. Federal, provincial, and territorial laws protect the right of workers with “reasonable cause” to refuse dangerous work and to remove themselves from hazardous work conditions, and authorities effectively enforced this right. The government also promoted safe working practices and provided training, education, and resources through the Canadian Center for Occupational Health and Safety, a federal agency composed of representatives of government, employers, and labor.

Minimum wage, hours of work, and occupational health and safety standards were effectively enforced. Federal and provincial labor departments monitored and effectively enforced labor standards by conducting inspections through scheduled and unscheduled visits, in direct response to reported complaints, and at random. Penalties were pecuniary and varied according to the gravity of the offense. Under the federal labor code, maximum penalties for criminal offenses, including criminal negligence causing death or bodily harm, or willful breach of labor standards in which the person in breach knew that serious injury or death was likely to occur, could include imprisonment. Enforcement measures include a graduated response, with a preference for resolution via voluntary compliance, negotiation, and education; prosecution and fines serve as a last resort. Some trade unions continued to note that limited resources hampered the government’s inspection and enforcement efforts.

NGOs reported migrants, new immigrants, young workers, and the unskilled were vulnerable to violations of the law on minimum wage, overtime pay, unpaid wages, and excessive hours of work. NGOs also alleged that restrictions on the types of labor complaints accepted for investigation and delays in processing cases discouraged the filing of complaints.

According to the Association of Workers Compensation Boards of Canada, during 2016, the most recent year for which data were available, there were 904 workplace fatalities.

There were no reports that the government or its agents committed arbitrary or unlawful killings.

The country experienced several terrorist attacks during the year, including three that resulted in fatalities. On March 23, a male French citizen hijacked a car in Carcassonne, shot the passenger and driver, and then opened fire on a group of police officers, injuring one. The attacker then drove to Trebes, where he killed two persons at a supermarket, took hostages, then shot another gendarmerie officer who later died from the injuries; security forces shot and killed the attacker. During the attack in Trebes, the attacker swore allegiance to the Islamic State. On May 12, a male naturalized-citizen attacker stabbed five persons, killing one, near the Opera Garnier in Paris; security forces shot and killed the assailant, who had been on the counterterrorism watch list since 2016. On December 11, a 29-year-old French citizen armed with a handgun and knife attacked the Strasbourg Christmas market, killing five and injuring 11. The attacker was shot and killed by police in Strasbourg on December 13. The Paris prosecutor’s counterterrorism office opened an investigation into the attack, but as of year’s end, it had not made an official determination regarding the motive.

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such practices, there were a limited number of accusations that security and military personnel committed abuses.

On April 11, the Defender of Rights, a constitutionally created, independent civil rights watchdog institution, reported registering 1,228 complaints against the security forces’ intervention methods in 2017, virtually unchanged from the previous year (1,225), including reports that police beat, kicked, and used pepper spray on migrants and asylum seekers in Calais (see section 2.d.).

In May the newspaper Le Parisien reported a judge ordered a new inquest into the death of Adama Traore, a teenager whose death in gendarmerie custody in 2016 sparked riots, in order to ascertain if the cause of death could be determined more precisely. After the release of the results of the inquest was postponed, his family organized a march in Beaumont in July in Traore’s memory and to protest the postponement. The march included politicians from several parties of the left. In October medical experts concluded the gendarmes were not responsible for Traore’s death, attributing it to lowered oxygen levels in the blood due to a combination of sickle cell disease, sarcoidosis, stress, and heat.

On September 13, President Macron apologized for the French state’s responsibility for the disappearance and death of Maurice Audin, a young mathematician, communist, and anticolonial activist, in Algeria in 1957. Macron stated that Audin died due to torture by soldiers who abducted him from his home and that authorities employed systemic use of torture at that time. Macron announced the government would open its archives to allow the search for information about other persons who disappeared during the war.

Nongovernmental organizations (NGOs) criticized the use of crowd control and antiriot tactics by police during demonstrations of the so-called Yellow Vest protesters who took to the streets every Saturday across the country beginning on November 17 in mass demonstrations, primarily to show their opposition to the government’s tax policy and to highlight socioeconomic inequality. Cases of police violence were also reported against high school students who protested against education reforms launched by the government. On December 6, lawyers acting for demonstrators lodged two formal legal complaints against yet unknown persons for injuries caused by GLI-F4 “instant” tear gas grenades, which contain 25 grams of high explosives, used by police in Paris on November 24. The lawyers wrote to the prime minister calling for an end to use of this weapon for crowd control. According to Human Rights Watch, as of December 11, media reports indicated the General Inspectorate of the National Police, the internal oversight body, had opened 22 investigations into alleged police misconduct following complaints from 15 Yellow Vests, six high school students, and a journalist.

Prison and Detention Center Conditions

While prisons and detention centers met international standards, credible NGOs and government officials reported overcrowding and unhygienic conditions in prisons.

In April 2017 the Council of Europe’s Committee for the Prevention of Torture (CPT) published a report on its most recent visit to the country in 2015. The report expressed concerns regarding overcrowding in detention centers and prisons, derogatory comments against detainees, particularly against minors, a lack of windows and ventilation systems in detention centers, and prolonged isolation of violent inmates in psychiatric centers.

Physical Conditions: As of November the overall occupancy rate in the country’s prisons stood at 118 percent (70,708 prisoners for 60,108 spots), with the rate at some facilities reaching 200 percent. NGOs agreed that detention conditions for women were often better than for men because overcrowding was less common.

Overcrowding in overseas territories tracked the national trends. The Ministry of Justice reported in July that the occupancy rate for all prisons in overseas territories was 112.6 percent and reached 204.2 percent at the Baie-Mahault prison in Guadeloupe.

On July 25, the administrative court of Basse-Terre ordered the state to pay 10,000 euros ($11,500) in damages to an inmate from the Baie-Mahault prison in compensation for the unacceptable living conditions to which he was subjected. The inmate spent four years in a cell of 96.6 square feet which he shared with two others.

Administration: Authorities generally conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted prison visits by independent human rights observers, both local and foreign. In addition to periodic visits by the CPT, the UN Committee against Torture regularly examined prisons, most recently in 2016.

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements, but lengthy pretrial detention remained a problem.

ROLE OF THE POLICE AND SECURITY APPARATUS

Under the direction of the Ministry of the Interior, a civilian national police force of 150,000 and a national gendarmerie of 98,155 maintained internal security. In conjunction with specific gendarmerie units used for military operations, the army was responsible for external security under the Ministry of Defense. Observers considered police and gendarmes generally effective.

Civilian authorities maintained effective control over the national police force, the gendarmerie, and the army, and the government had effective mechanisms to investigate, prosecute, and punish human rights abuses and corruption. Official impunity was not widespread. The General Inspection of the National Police and the Central Directorate of the Judicial Police investigated and prosecuted allegations of brutality in the police force and the gendarmerie, a unit within the armed forces responsible for general law enforcement. The government-appointed Defender of Rights investigated allegations of misconduct by municipal police, gendarmes, and private security forces and reported its findings to the prime minister and parliament. Citizens may report police abuses via the Ministry of the Interior’s website, provided they identify themselves. In 2017 citizens registered 3,361 reports online. The inspector general of National Police and the Inspectorate of the National Gendarmerie investigated and prosecuted allegations of police and gendarme corruption.

According to the Defender of Rights’ annual report, individuals filed 1,228 complaints against security forces in 2017, virtually unchanged from 2016 (1,225). The Defender of Rights found ethical violations in less than 10 percent of these complaints and concluded there was a disproportionate use of force by police officers in five complaints, four of which justified disciplinary proceedings.

On July 18, the newspaper Le Monde published a video featuring then presidential staffer Alexandre Benalla beating a student protester during May 1 demonstrations in Paris. Benalla was in charge of security for President Macron’s 2017 campaign and, after Macron’s election, was given a position at the president’s official residence. The video showed Benalla, wearing civilian clothes and an official police riot helmet, grabbing and dragging a woman and later dragging and beating a student while surrounded by riot police, who did not appear to intervene. According to press reports, Benalla had requested to accompany riot police to observe crowd control procedures. He had never served as a police officer. After the video surfaced, the presidential administration fired Benalla. On July 22, Benalla was charged with assault, carrying an illegal weapon, interfering with public officials carrying out their duties, wearing police insignia without permission, and illegally obtaining official surveillance video. A Senate investigation continued into abuse of Benalla’s authorities and lack of oversight by higher administration officials.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires police to obtain warrants based on sufficient evidence prior to detaining suspects, but police can immediately arrest suspects caught committing an illegal act. While in police custody, a person has the right to know the legal basis and expected duration of the detention, to remain silent, to representation by counsel, to inform someone such as a family member or friend, and to examination by a medical professional. Defense lawyers have the right to ask questions throughout an interrogation. Authorities generally respected these rights.

The law allows authorities to detain a person up to 24 hours if police have a plausible reason to suspect such person is committing or has committed a crime. A district prosecutor has the authority to extend a detention by 24 hours. A special judge, however, has the authority to extend detention by 24-hour periods up to six days in complex cases, such as those involving drug trafficking, organized crime, and acts of terrorism. A system of bail exists, and authorities made use of it.

Detainees generally had access to a lawyer, and the government provides legal counsel to indigent detainees. The law also requires medical examiners to respect and maintain professional confidentiality. The law forbids complete strip searches except in cases where authorities suspect the accused of hiding dangerous items or drugs.

Pretrial Detention: Long delays in bringing cases to trial and lengthy pretrial detention were problems. Although standard practice allowed pretrial detention only in cases involving possible sentences of more than three years in prison, some suspects spent many years in detention before trial. As of November 2017, pretrial detainees made up approximately 29 percent of the prison population.

The constitution and law provide for an independent judiciary. The government generally respected judicial independence and impartiality, although delays in bringing cases to trial were a problem. The country does not have an independent military court; the Paris Tribunal of Grand Instance (roughly equivalent to a U.S. district court) tries any military personnel alleged to have committed crimes outside the country.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair trial, and an independent judiciary generally enforced this right. The usual length of time between charging and trial is approximately three years. Defendants enjoy a presumption of innocence, and authorities informed defendants of the charges against them at the time of arrest. Except for those involving minors, trials were public. Trials were held before a judge or tribunal of judges, except in cases where the potential punishment exceeds 10 years’ imprisonment. In such cases a panel of professional and lay judges hears the case. Defendants have the right to be present and to consult with an attorney in a timely manner. Authorities provide an attorney at public expense if needed when defendants face serious criminal charges. Defendants were able to question the testimony of prosecution witnesses and present witnesses and evidence in their defense. Authorities allowed defendants adequate time and facilities to prepare a defense. Defendants have the right to remain silent and to appeal.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters and access to a court to submit lawsuits seeking damages for, or cessation of, human rights violations. Individuals may file complaints with the European Court of Human Rights for alleged violations of the European Convention on Human Rights by the government once they have exhausted avenues for appeal through the domestic courts.

PROPERTY RESTITUTION

The government has laws and mechanisms in place for property restitution, and NGOs and advocacy groups reported the government made significant progress on resolution of Holocaust-era claims, including for foreign citizens.

In 2014 France and the United States signed the bilateral Agreement on Compensation for Certain Victims of Holocaust-Related Deportation from France Who Are Not Covered by French Programs. The agreement provides an exclusive mechanism to compensate persons who survived deportation from France (or their spouse or other designee) but did not benefit from the pension program established by the government for French nationals or from international agreements concluded by the government to address Holocaust deportation claims. Pursuant to the agreement, the government of France transferred $60 million to the United States, which the U.S. used to make payments to claimants that the U.S. determined to be eligible under the agreement.

On July 22, Prime Minister Philippe held a ceremony in Paris honoring the victims of the Velodrome d’hiver roundup of July 1942 in which 13,000 French Jews, including 4,000 children, were deported. “There is one area in which we must do better, that of the restitution of cultural property, ‘robbed’ during the Nazi occupation,” Philippe stated. A Ministry of Culture report submitted in April to the then minister, Francoise Nyssen, criticized the current policy of restitution in the country for being inefficient and lacking ambition, coordination, leadership, and visibility. The report identified 2,008 cultural properties with no identified owner. As a result the Commission for the Compensation of the Victims of Spoliation was empowered to examine all cases of restitution and to transmit its recommendations to the prime minister, and an office dedicated to the research and restitution of these cultural properties was created within the Ministry of Culture.

The constitution and law prohibit interference with privacy, family, home, or correspondence, and there were no reports of government failure to respect these prohibitions.

The government continued implementing amendments to the law made in 2015 that allow specialized intelligence agencies to conduct real-time surveillance without approval from a judge on both networks and individuals for information or documents regarding a person identified as posing a terrorist threat. Following passage of the amendments, the Council of State, the country’s highest administrative court that hears cases in first and last instance and is both advisor to the government and the supreme administrative court, issued three implementing decrees designating the agencies that may engage in such surveillance, including using devices to establish geolocation.

The government’s two-year state of emergency ended after parliament enacted antiterrorism legislation, codifying as law certain authorities granted under the state of emergency. To prevent acts of terrorism, the law permits authorities to restrict and monitor the movement of individuals, conduct administrative searches and seizures, close religious institutions for disseminating violent extremist ideas, implement enhanced security measures at public events, and expand identity checks near the country’s borders. The core provisions were to expire at the end of 2020 unless renewed by parliament.

a. Freedom of Speech and Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: While individuals could criticize the government publicly or privately without reprisal, there were some limitations on freedom of speech. Strict antidefamation laws prohibit racially or religiously motivated verbal and physical abuse. Written or oral speech that incites racial or ethnic hatred and denies the Holocaust or crimes against humanity is illegal. Authorities may deport a noncitizen for publicly using “hate speech” or speech constituting a threat of terrorism.

UN Special Rapporteur Fionnuala Ni Aoilain expressed concern that counterterrorism legislation passed in October 2017 restricted freedom of religion, movement, and expression. After a week-long visit in May, Ni Aoilain stated “the scope of these measures constitutes a de facto state of qualified emergency” in ordinary law.

Press and Media Freedom: While independent media were active and generally expressed a wide variety of views without restriction, print and broadcast media, books, and online newspapers and journals were subject to the same antidefamation and hate speech laws that limited freedom of expression.

The law provides protection to journalists, who may be compelled to reveal sources only in cases where serious crimes occurred and access to a journalist’s sources was required to complete an official investigation.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal oversight. According to International Telecommunication Union statistics, 85 percent of the population used the internet during the year.

Under the law intelligence services have the power to monitor suspected threats to public order and detect future terrorists. The law also provides a legal framework for the intelligence services’ activities. Laws against hate speech apply to the internet.

On May 30, the National Commission on Informatics and Liberties (CNIL), the government’s data protection authority, released its annual report. The report showed a significant increase in the number of requests made to authorities to remove online terrorist and child-pornography-related content. The report, which covered the period between March 2017 and February 2018, also stated the Central Office for the Fight against Crime Related to Information and Communication Technology (OCLCTIC) issued 35,110 withdrawal requests, an increase of 1,270 percent from the previous year. Of these, 93 percent concerned terrorist content and 7 percent child pornography. CNIL underscored that the significant increase in withdrawal requests did not necessarily indicate more offensive material posted online, but rather that a large number of newly hired investigators at OCLCTIC allowed the unit to identify and report more content.

On October 10, parliament adopted a bill cracking down on “fake news,” allowing courts to rule whether reports published during election periods are credible or should be taken down. The law allows election candidates to sue for the removal of contested news reports during election periods and to force platforms such as Facebook and Twitter to disclose the source of funding for sponsored content.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, subject to certain security conditions, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

In February Amnesty International released a report claiming “prefects (representatives of the French state at local level; the most senior central government officials) continued to resort to emergency measures to restrict the right to freedom of peaceful assembly. In particular they adopted dozens of measures restricting the freedom of movement of individuals to prevent them from attending public assemblies. Authorities imposed these measures on vague grounds and against individuals with no apparent connection to any terrorism-related offense.”

FREEDOM OF ASSOCIATION

The constitution and law provide for the freedom of association, and the government generally respected this right.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, returning refugees, and other persons of concern.

On June 19, the National Consultative Commission for Human Rights (CNCDH), an independent government agency, stated it was “deeply shocked” by the treatment of migrants in the “border areas…where the Republic (France) violates fundamental rights.” For example, the border police station in Col de Montgenevre had a facility for sheltering migrants overnight that had no running water or camp beds and whose outdoor latrines were submerged under three feet of snow at the time of the CNCDH visit. The commander stated he fed the migrants from the stocks on hand but had no funds allocated to feed them.

In-country Movement: The law requires persons engaged in itinerant activities with a fixed domicile to obtain a license that is renewable every four years. Itinerant persons without a fixed abode must possess travel documents.

PROTECTION OF REFUGEES

Refoulement: The government usually provided protection against the expulsion or return of persons to countries where they would be likely to face persecution or torture. On January 8, then interior minister Gerard Collomb announced the government had deported 26,000 persons in 2017, a 17 percent increase over 2016. Authorities returned approximately 2,330 persons to the EU-member state through which they first entered the EU, in line with the Dublin Regulation. This included some who were returned to Greece, where the European Court of Human Rights found that persons could be subject to persecution. The human rights group La Cimade criticized the government’s strict implementation of deportation laws, including detaining persons prior to ordered expulsion and during the initial asylum claims process.

Access to Asylum: The country’s laws provide for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. The system was active and accessible to those seeking protection. The Office for the Protection of Refugees and Stateless Refugees (OFPRA) provided asylum application forms in 24 languages, including English, Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic. Applicants, however, must complete them in French, generally without government-funded language assistance.

On August 1, parliament adopted an asylum and immigration bill intended to reduce the average time for processing asylum applications to six months and shortens from 120 to 90 days the period asylum seekers have to make an application. It also includes measures to facilitate the removal of aliens in detention, extends from 45 to 90 days the maximum duration of administrative detention, and from 16 to 24 hours the duration of administrative detention to verify an individual’s right to stay. The new law extends the duration of residence permits for subsidiary and stateless refugees from one year to four years and enables foreigners who have not been able to register for asylum to access shelter. It includes measures to strengthen the protection of girls and young men exposed to the risk of sexual mutilation, states that a country persecuting LGBTI persons cannot be considered “safe,” and adopts protective provisions on the right to remain for victims of domestic violence.

On July 6, the Constitutional Council, the country’s highest court, ruled that providing humanitarian assistance to undocumented migrants on the country’s territory was not a crime. The case against the government was brought by Cedric Herrou, an activist farmer who was sentenced for providing assistance to migrants in 2017. The court stated that the freedom to help for humanitarian reasons should apply to “all assistance provided with a humanitarian aim.” On July 6, then interior minister Collomb issued a statement that the court’s decision was in line with the government’s efforts to exempt from prosecution individuals who only provide humanitarian assistance to migrants.

Asylum applications rose by 17 percent in 2017 to 100,412, according to provisional data released on January 8 by OFPRA, with 36 percent of applicants approved for asylum or refugee status. OFPRA stated that priority attention was given to female victims of violence, persons persecuted on the basis of their sexual orientation, victims of human trafficking, unaccompanied minors, and victims of torture, particularly in the context of asylum seekers from Libya.

Safe Country of Origin/Transit: The government considered 16 countries to be “safe countries of origin” for purposes of asylum. A “safe country” is one that provides for compliance with the principles of liberty, democracy, rule of law, and fundamental human rights. This policy reduced the chances of an asylum seeker from one of these countries obtaining asylum but did not prevent it. While individuals originating in a safe country of origin may apply for asylum, they may receive only a special form of temporary residence status that allows them to remain in the country. Authorities examined asylum requests through an emergency procedure that may not exceed 15 days. Countries considered “safe” included Albania, Armenia, Benin, Bosnia and Herzegovina, Cabo Verde, Georgia, Ghana, India, Macedonia, Mauritius, Moldova, Mongolia, Montenegro, Senegal, Serbia, and Kosovo.

Freedom of Movement: Authorities maintained administrative holding centers for foreigners who could not be deported immediately. Authorities could hold undocumented migrants in these facilities for a maximum of 90 days. There were 26 holding centers on the mainland and three in the overseas territories with a total capacity of 1,970 persons.

On July 3, five refugee/migrant assistance associations (Association Service Social Familial Migrants, Forum-Refugies-Cosi, France Terre d’Asile, Cimade, and Ordre de Malte) released a joint annual report that estimated 47,000 undocumented migrants were placed in administrative holding centers in 2017, representing a slight increase from 45,937 in 2016.

According to an annual report published on July 3 by six domestic NGOs, government detention of migrant children on the country’s mainland territory increased by 70 percent in 2017, compared with 2016. The report noted, however, that the duration of detentions was often short. Since the law prohibits the separation of children from their parents, they were detained together. Civil society organizations criticized the provision of the new asylum and immigration bill adopted during the year that doubles the maximum detention time for foreigners subject to deportation to up to 90 days.

On May 30, for the 35th time since mid-2015, authorities dismantled a large migrant tent camp in Paris. The government forcibly resettled evacuees–937 men and 87 women and children, all of whom, according to press reports, originated in Sudan, Somalia, and Eritrea–in gymnasiums and other public facilities in Paris and the surrounding region while they waited for the government to register and review their eligibility for asylum. Two large tent camps remained in Paris–one reportedly holding about 800 persons (mainly from Afghanistan) and the other holding 300-400 individuals.

According to a report published on June 27 by Cimade, a domestic NGO that provides advice and legal support to migrants, refugees, and asylum seekers, the number of migrants refused entry at the country’s border rose to 85,408 in 2017, a 34 percent increase from 2016 (63,845).

Durable Solutions: The government has provisions to manage a range of solutions for integration, resettlement, and return of migrants and unsuccessful asylum seekers. The government accepted refugees for resettlement from other countries and facilitated local integration and naturalization, particularly of refugees in protracted situations. The government assisted in the safe, voluntary return of migrants and unsuccessful asylum seekers to their home countries. In 2017 the government voluntarily repatriated 7,110 undocumented migrants to their countries of origin. On July 25, the Ministry of the Interior announced an increase of financial return aid to foreigners (except those from the EU or visa-exempt countries) from 1,000 euros ($1,150) to 2,500 euros ($2,870).

Temporary Protection: Authorities may grant individuals a one-year renewable permit and can extend the permit for an additional two years. According to OFPRA, the government did not grant temporary protection in 2017.

Refoulement: The government usually provided protection against the expulsion or return of persons to countries where they would be likely to face persecution or torture. On January 8, then interior minister Gerard Collomb announced the government had deported 26,000 persons in 2017, a 17 percent increase over 2016. Authorities returned approximately 2,330 persons to the EU-member state through which they first entered the EU, in line with the Dublin Regulation. This included some who were returned to Greece, where the European Court of Human Rights found that persons could be subject to persecution. The human rights group La Cimade criticized the government’s strict implementation of deportation laws, including detaining persons prior to ordered expulsion and during the initial asylum claims process.

Access to Asylum: The country’s laws provide for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. The system was active and accessible to those seeking protection. The Office for the Protection of Refugees and Stateless Refugees (OFPRA) provided asylum application forms in 24 languages, including English, Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic. Applicants, however, must complete them in French, generally without government-funded language assistance.

On August 1, parliament adopted an asylum and immigration bill intended to reduce the average time for processing asylum applications to six months and shortens from 120 to 90 days the period asylum seekers have to make an application. It also includes measures to facilitate the removal of aliens in detention, extends from 45 to 90 days the maximum duration of administrative detention, and from 16 to 24 hours the duration of administrative detention to verify an individual’s right to stay. The new law extends the duration of residence permits for subsidiary and stateless refugees from one year to four years and enables foreigners who have not been able to register for asylum to access shelter. It includes measures to strengthen the protection of girls and young men exposed to the risk of sexual mutilation, states that a country persecuting LGBTI persons cannot be considered “safe,” and adopts protective provisions on the right to remain for victims of domestic violence.

On July 6, the Constitutional Council, the country’s highest court, ruled that providing humanitarian assistance to undocumented migrants on the country’s territory was not a crime. The case against the government was brought by Cedric Herrou, an activist farmer who was sentenced for providing assistance to migrants in 2017. The court stated that the freedom to help for humanitarian reasons should apply to “all assistance provided with a humanitarian aim.” On July 6, then interior minister Collomb issued a statement that the court’s decision was in line with the government’s efforts to exempt from prosecution individuals who only provide humanitarian assistance to migrants.

Asylum applications rose by 17 percent in 2017 to 100,412, according to provisional data released on January 8 by OFPRA, with 36 percent of applicants approved for asylum or refugee status. OFPRA stated that priority attention was given to female victims of violence, persons persecuted on the basis of their sexual orientation, victims of human trafficking, unaccompanied minors, and victims of torture, particularly in the context of asylum seekers from Libya.

Safe Country of Origin/Transit: The government considered 16 countries to be “safe countries of origin” for purposes of asylum. A “safe country” is one that provides for compliance with the principles of liberty, democracy, rule of law, and fundamental human rights. This policy reduced the chances of an asylum seeker from one of these countries obtaining asylum but did not prevent it. While individuals originating in a safe country of origin may apply for asylum, they may receive only a special form of temporary residence status that allows them to remain in the country. Authorities examined asylum requests through an emergency procedure that may not exceed 15 days. Countries considered “safe” included Albania, Armenia, Benin, Bosnia and Herzegovina, Cabo Verde, Georgia, Ghana, India, Macedonia, Mauritius, Moldova, Mongolia, Montenegro, Senegal, Serbia, and Kosovo.

Freedom of Movement: Authorities maintained administrative holding centers for foreigners who could not be deported immediately. Authorities could hold undocumented migrants in these facilities for a maximum of 90 days. There were 26 holding centers on the mainland and three in the overseas territories with a total capacity of 1,970 persons.

On July 3, five refugee/migrant assistance associations (Association Service Social Familial Migrants, Forum-Refugies-Cosi, France Terre d’Asile, Cimade, and Ordre de Malte) released a joint annual report that estimated 47,000 undocumented migrants were placed in administrative holding centers in 2017, representing a slight increase from 45,937 in 2016.

According to an annual report published on July 3 by six domestic NGOs, government detention of migrant children on the country’s mainland territory increased by 70 percent in 2017, compared with 2016. The report noted, however, that the duration of detentions was often short. Since the law prohibits the separation of children from their parents, they were detained together. Civil society organizations criticized the provision of the new asylum and immigration bill adopted during the year that doubles the maximum detention time for foreigners subject to deportation to up to 90 days.

On May 30, for the 35th time since mid-2015, authorities dismantled a large migrant tent camp in Paris. The government forcibly resettled evacuees–937 men and 87 women and children, all of whom, according to press reports, originated in Sudan, Somalia, and Eritrea–in gymnasiums and other public facilities in Paris and the surrounding region while they waited for the government to register and review their eligibility for asylum. Two large tent camps remained in Paris–one reportedly holding about 800 persons (mainly from Afghanistan) and the other holding 300-400 individuals.

According to a report published on June 27 by Cimade, a domestic NGO that provides advice and legal support to migrants, refugees, and asylum seekers, the number of migrants refused entry at the country’s border rose to 85,408 in 2017, a 34 percent increase from 2016 (63,845).

Durable Solutions: The government has provisions to manage a range of solutions for integration, resettlement, and return of migrants and unsuccessful asylum seekers. The government accepted refugees for resettlement from other countries and facilitated local integration and naturalization, particularly of refugees in protracted situations. The government assisted in the safe, voluntary return of migrants and unsuccessful asylum seekers to their home countries. In 2017 the government voluntarily repatriated 7,110 undocumented migrants to their countries of origin. On July 25, the Ministry of the Interior announced an increase of financial return aid to foreigners (except those from the EU or visa-exempt countries) from 1,000 euros ($1,150) to 2,500 euros ($2,870).

Temporary Protection: Authorities may grant individuals a one-year renewable permit and can extend the permit for an additional two years. According to OFPRA, the government did not grant temporary protection in 2017.

STATELESS PERSONS

OFPRA reported there were 1,370 stateless persons in the country at the end of 2016. It attributed statelessness to various factors, including contradictions among differing national laws, government stripping of nationality, and lack of birth registration. As the agency responsible for the implementation of international conventions on refugees and stateless persons, OFPRA provided benefits to stateless persons. OFPRA’s annual report stated that it granted stateless status to 179 persons in 2017. The government provided a one-year residence permit marked “private and family life” to persons deemed stateless that allowed them to work. After two permit renewals, stateless persons could apply for and obtain a 10-year residence permit.

The law affords persons the opportunity to gain citizenship. A person may qualify to acquire citizenship if: either of the person’s parents is a citizen; the person was legally adopted by a citizen; the person was born in the country to stateless parents or to parents whose nationality does not transfer to the child; or the person marries a citizen. A person who has reached the legal age of majority (18) may apply for citizenship through naturalization after five years of habitual residence in the country. Applicants for citizenship must have good knowledge of both the French language and civics.

The constitution and law provide citizens the ability to choose their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Observers considered the April/May 2017 presidential and the June 2017 parliamentary (Senate and National Assembly) elections to have been free and fair.

Participation of Women and Minorities: No laws limit participation of women or minorities in the political process, and they did participate.

a. Freedom of Association and the Right to Collective Bargaining

The constitution and labor law provide workers the right to form and join unions of their choice without previous authorization or excessive requirements. The law provides for the right to bargain collectively and allows unions to conduct their activities without interference. Workers, except those in certain essential services such as police and the armed forces, have the right to strike unless the strike threatens public safety. The law prohibits antiunion discrimination and forbids removing a candidate from a recruitment procedure for asking about union membership or trade union activities. The Ministry of Labor treats such discrimination as a criminal offense and prosecutes cases of discrimination by both individuals and companies.

Individuals violating the law may be subject to punishment ranging from three years’ imprisonment and a 45,000 euro ($51,800) fine to up to five years imprisonment and a 75,000 euro ($86,200) fine if the discrimination occurs in a venue open to the public. Companies violating the law may be subject to punishment ranging from a minimum fine of 225,000 euros ($259,000) to a maximum fine of 375,000 euros ($431,000) if the discrimination takes place in a venue open to the public. These penalties were generally sufficient to deter violations, although union representatives noted antiunion discrimination occasionally occurred, particularly in small companies.

Public-sector workers must declare their intention to strike at least 48 hours before the strike commences. In addition, a notification of intent to strike is permissible only after negotiations between trade unions and employers have broken down. Workers are not entitled to receive pay while striking. Wages, however, may be paid retroactively. Health-care workers are required to provide a minimum level of service during strikes. In the public transportation (buses, metro) and rail sectors, the law requires the continuity of public services at minimum service levels during strikes. This minimum service level is defined through collective bargaining between the employer and labor unions for each transportation system. For road transportation strikes, the law on minimum service provides for wages to be calculated proportionally to time worked while striking. Transportation users must also receive clear and reliable information on the services that would be available in the event of a disruption. Authorities effectively enforced laws and regulations, including those prohibiting retaliation against strikers.

Workers freely exercised their rights to form and join unions and choose their employee representatives, conduct union activities, and bargain collectively. Workers’ organizations stressed their independence vis-a-vis political parties. Some of their leaders, however, did not conceal their political affiliations. Union representatives noted that antiunion discrimination occasionally occurred, particularly in small companies.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law recognizes the offenses of forced labor and forced servitude as crimes. The government effectively enforced the law, and penalties were sufficient to deter violations. The government also provided financial support to NGOs that assist victims.

Men, women, and children, mainly from Eastern Europe, West Africa, and Asia, were subject to forced labor, including domestic servitude (also see section 7.c.). There were no government estimates on the extent of forced labor among domestic workers, many of whom were migrant women and children. In 2017 the NGO Committee against Modern Slavery assisted 170 victims of forced labor, 72 percent of whom were women.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 16. There are exceptions for persons enrolled in certain apprenticeship programs or working in the entertainment industry, who are subject to further labor regulations for minors. The law generally prohibits persons younger than 18 from performing work considered arduous or dangerous, such as working with dangerous chemicals, high temperatures, heavy machinery, electrical wiring, metallurgy, dangerous animals, working at heights, or work that exposes minors to acts or representations of a pornographic or violent nature. Persons younger than 18 are prohibited from working on Sunday, except as apprentices in certain sectors, including hotels, cafes, caterers, and restaurants. Youth are prohibited from working between 8 p.m. and 6 a.m. when they are younger than 16 and between 10 p.m. and 6 a.m. when they are between 16 and 18.

The government effectively enforced labor laws, although some children were exploited in the worst forms of child labor, including commercial sexual exploitation (also see section 6, Children) and forced criminal activity. Inspectors from the Ministry of Labor investigated workplaces to enforce compliance with all labor statutes. To prohibit violations of child labor statutes, inspectors may place employers under observation or refer them for criminal prosecution. Employers convicted of using child labor risk up to five years’ imprisonment and a 75,000 euro ($86,200) fine. These penalties proved generally sufficient to deter violations.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/  for information on the French overseas collective of Wallis and Futuna.

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination based upon an individual’s national origin; sex; customs; sexual orientation; gender identity; age; family situation or pregnancy; genetic characteristics; particular vulnerability resulting from an economic situation that is apparent or known to the author of discrimination; real or perceived ethnicity, nationality or race; political opinions; trade union or mutual association activities; religious beliefs; physical appearance; family name; place of residence or location of a person’s bank; state of health; loss of autonomy or disability; and ability to express oneself in a language other than French. Authorities generally enforced this prohibition, and penalties were sufficient to deter violations in this area. The International Labor Organization raised concerns that the labor code does not prohibit discrimination based on social origin.

A gender equality law provides measures to reinforce equality in the workplace as well as sanctions against companies whose noncompliance could prevent women from bidding for public contracts. The law also requires employers to conduct yearly negotiations with employees on professional and pay equity between women and men in companies with more than 50 employees.

Employment discrimination based on sex, gender, disability, and national origin occurred. The country’s Roma community faced employment discrimination. The law requires that women receive equal pay for equal work. In March 2017 INSEE released a study that indicated that in 2014, the most recent year for which data were available, women working the equivalent of full time earned 18.6 percent less than men did. The average monthly salary was 2,410 euros ($2,770) for men. Women on average earned 1,962 euros ($2,260) per month; salary depended on qualifications, age, and sex. The same study also indicated that 18 percent of salaried men in the private sector held managerial positions, while 13 percent of women with similar skills were managers.

The Fund Management Organization for the Professional Integration of People with Disabilities (AGEFIPH) and the fund for the Inclusion of Persons with Disabilities in the Public Service released an audit in June that showed unemployment among persons with disabilities, who represented 19 percent (513,000) of the unemployed, increased 4.7 percent for the period January-September 2017. The law requires at least 6 percent of the workforce in companies with more than 20 employees to be persons with disabilities. The law requires noncompliant companies to contribute to a fund managed by AGEFIPH.

Approximately 39 percent of private-sector enterprises (41,270) met the requirement in 2017, while 48 percent contributed into the fund and a small number (mostly large corporations) received an exemption from the government based on a negotiated action plan, according to AGEFIPH. In 2017 President Macron initiated a plan to promote the inclusion of workers with disabilities in the workplace.

e. Acceptable Conditions of Work

The minimum wage met the poverty level. Employers, except those in the informal economy, generally adhered to the minimum wage requirement. The government effectively enforced wage laws, and penalties were sufficient to deter violations.

The official workweek is 35 hours, although companies may negotiate exceptions with employees. The maximum number of working days for workers is 235 days per year. Maximum hours of work are set at 10 hours per day, 48 hours per week, and an average of 44 hours per week during a 12-week work period. Workdays and overtime hours are fixed by a convention or an agreement in each sector in accordance with the labor code. Under an executive order signed in September 2017, companies with fewer than 50 employees may negotiate working conditions directly with employees without involvement of labor unions.

On August 2, the High Court ordered that the local subsidiary of a United Kingdom-based pest control services company pay 60,000 euros ($69,000) in damages for violating labor laws related to overtime. The company fired an employee in 2011 for not being reachable after normal working hours to handle emergency cases. The court determined the company could not require employees to respond to emergency calls after working hours if it did not compensate its employees for being on call. Employers must negotiate the use of digital tools with employees or their collective bargaining units and publish clear rules on “the right to disconnect” based on the employee agreement and a 2016 “right to disconnect” law that requires employers to allow employees to “disconnect” from email, SMS messages, and other electronic communications after working hours.

Employees are entitled to a daily rest period of at least 11 hours and a weekly break of at least 24 hours. Employers are required to give workers a 20-minute break during a six-hour workday. Premium pay of 25 percent is mandatory for overtime and work on weekends and holidays; the law grants each worker five weeks of paid leave per year for a full year of work performed. The standard amount of paid leave is five weeks per year (2.5 weekdays per month, equivalent to 30 weekdays per year). Some companies also allowed other compensatory days for work in excess of 35 hours to 39 hours per week, called “spare-time account.” Work in excess of 39 hours per week was generally remunerated.

The government sets occupational health and safety standards in addition to those set by the EU. Government standards cover all employees and sectors. Individual workers could report work hazards to labor inspectors, unions, or (for companies with more than 50 employees) their company health committee, but they did not have an explicit right to remove themselves from a hazardous workplace.

The Ministry of Labor enforced the law governing work conditions and performed this responsibility effectively, in both the formal and the informal economy. The government permitted salaries below the minimum wage for specific categories of employment, such as subsidized jobs and internships, that must conform to separate, clearly defined standards. Labor inspectors enforced compliance with the labor law. Disciplinary sanctions at work are strictly governed by the labor code to protect employees from abuse of power by their employers. Employees could pursue appeals in a special labor court up to the Court of Cassation. Sanctions depend on the loss sustained by the victim and were usually applied on a case-by-case basis.

Penalties for labor violations depend on the status of the accused. The law provides for employers and physical persons convicted of labor violations to be imprisoned for up to three years and pay fines of up to 45,000 euros ($51,800) with additional penalties, including a prohibition on conducting a commercial or industrial enterprise. The law provides for companies found guilty of undeclared work to be fined up to 225,000 euros ($259,000) and face additional sanctions, such as closing the establishment, placing it under judicial supervision, making the judgment public, confiscating equipment, or dissolving the establishment as a legal person.

Immigrants were more likely to face hazardous work, generally because of their concentration in sectors such as agriculture, construction, and hospitality services. In July the newspaper La Provence reported on the abuse of migrant agricultural laborers in the Provence-Alpes-Cote d’Azur region. The workers, who mainly came from South America, reportedly were paid less than the lawful minimum wage, made to work more hours than the law allows, and were not paid overtime or given breaks. According to the newspaper, workers were kept isolated, often living in cramped conditions in vans and mobile homes on their employer’s property. An investigation by the local agricultural labor union found “a manifest and organized violation” of workers’ rights on 12 farms in the region, where laborers were forced to work 30 days out of 30 (see section 7.b.).