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Canada

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were allegations of government corruption during the year.

Corruption: In July the federal ethics commissioner launched investigations into the failure of the prime minister and finance minister to recuse themselves from the award of a sole source 900 million Canadian dollar (C$) ($692 million) pandemic-relief contract to the nonprofit organization WE Charity to administer a youth program. The prime minister, his family, his chief of staff, and some ministers, including the finance minister, had previously volunteered or fundraised for WE Charity, and some close family members of the prime minister and finance minister had earned income (e.g., speaking fees, direct wages, or salary) from the WE organizations. The commissioner also launched an investigation into the finance minister’s acceptance of approximately C$41,000 ($32,000) in personal travel from WE Charity, which the minister said was an oversight and repaid when the matter became public.

Financial Disclosure: Public officeholders, including elected members of the executive branch and their staffs and designated senior nonelected officials, are legally obligated to disclose information about their personal financial assets. Members of the legislative branch are not required to disclose financial holdings. These declarations, as well as an annual report, are available to the public through regular reports by a commissioner for conflict of interest and ethics. The commissioner may impose an administrative monetary penalty for noncompliance, but the law does not provide for criminal sanctions. Provincial governments provide independent audits of government business and ombudsman services.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were largely cooperative and responsive to their views.

Government Human Rights Bodies: Federal and provincial human rights commissions enjoyed government cooperation, operated without government or party interference, and had adequate resources. Observers considered the commissions effective. Parliamentary human rights committees operated in the House of Commons and the Senate. The committees acted independently of government, conducted public hearings, and issued reports and recommendations to which the government provided written, public, and timely responses. Most federal departments and some federal agencies employed ombudsmen. Nine provinces and one territory also employed an ombudsperson.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, as sexual assault, and the government enforced the law effectively. Penalties for sexual assault carry prison sentences of up to 10 years, up to 14 years for sexual assault with a restricted or prohibited firearm, and between four years and life for aggravated sexual assault with a firearm or committed for the benefit of, at the direction of, or in association with, a criminal organization. Most victims of sexual assault were women.

The law provides protections against domestic violence for both men and women, although most victims were women. Although the criminal code does not define specific domestic violence offenses, assault, aggravated assault, intimidation, mischief, or sexual assault charges apply to acts of domestic violence. Persons convicted of assault receive up to five years in prison. Assaults involving weapons, threats, or injuries carry terms of up to 10 years. Aggravated assault or endangerment of life carry prison sentences of up to 14 years. The government generally enforced the law effectively. Police received training in treating victims of sexual assault and domestic violence, and agencies provided hotlines to report abuse.

Approximately 1,180 indigenous women disappeared or were killed from 1980 to 2012, according to a 2014 RCMP report. Indigenous advocates and a report issued in 2019 by the government-commissioned National Inquiry into Missing and Murdered Indigenous Women and Girls (NIMMIWG) stated the number was probably far higher, since many deaths had gone unreported. Indigenous women and girls make up an estimated 4 percent of the country’s women but represented 16 percent of the women killed, according to government statistics.

The NIMMIWG concluded in June 2019 that the government’s treatment of indigenous peoples amounted to “deliberate race, identity, and gender-based genocide,” continued and required immediate action. The government failed to release an expected national action plan for addressing the inquiry’s 231 recommendations, attributing delay to a number of factors including the pandemic. Critics noted the federal government took few steps during the year to implement the recommendations. On June 3, the national inquiry’s former commissioners called for the government to appoint an impartial international organization to oversee implementation of the recommendations, which they said was “essential to address Canada’s responsibility for the commission of genocide and for violations of fundamental human rights.”

The government’s Family Violence Initiative involved 15 federal departments, agencies, and crown corporations, including Status of Women Canada, Health Canada, and Justice Canada. These entities worked with civil society organizations to eliminate violence against women and to advance women’s human rights. The government continued a national strategy to prevent and address gender-based violence, budgeting C$101 million ($77.8 million) over five years to create a center of excellence within Status of Women Canada for research, data collection, and programming. The 2018 federal budget allocated an additional C$86 million ($66 million) over five years, starting in 2018-19, and C$20 million ($15.4 million) per year thereafter, to expand the strategy with a focus on preventing teen-dating violence, bullying, and cyberbullying; health care for victims; investigative policing; police training; research; funding for rape crisis and sexual assault centers; and programs to prevent gender-based violence in postsecondary educational institutions. Provincial and municipal governments also sought to address violence against women, often in partnership with civil society.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of women and girls and prosecutes the offense, including parents of minors, as aggravated assault with a maximum penalty of 14 years’ imprisonment. FGM/C occurred on occasion, predominantly in diaspora communities. While internal government reports leaked to media asserted that FGM/C practitioners and victims often travelled to the country of the practitioners’ origin for the illegal procedure, officials also sought to prevent the entry of FGM/C practitioners into the country.

Sexual Harassment: The law offers protections from sexual harassment at the workplace but does not articulate a specific offense of “sexual harassment” outside of work; instead it criminalizes harassment (defined as stalking), punishable by up to 10 years’ imprisonment, and sexual assault, with penalties ranging from 10 years for nonaggravated sexual assault to life imprisonment for aggravated sexual assault. Federal, provincial, and territorial human rights commissions have responsibility for investigating and resolving harassment complaints. Employers, companies, unions, educational facilities, professional bodies, and other institutions had internal policies against sexual harassment, and federal and provincial governments provided public education and guidance.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. No significant legal, social, or cultural barriers or government policies adversely affected access to contraception; cost has been cited as the most important barrier to contraception access in the country, particularly for young and low-income women. The government provided access to sexual and reproductive health services for survivors of sexual violence, including through dedicated sexual assault care centers. Skilled health attendants were available during pregnancy and childbirth and were publicly funded, although women in rural and Arctic areas had more difficulty accessing care. The country’s adolescent birth rate varied widely by province. In Ontario, the most populous province which includes multiple urban centers, the birth rate was 4.3 per 1,000 adolescents between the ages of 15 and 19, while in the rural northern territory of Nunavut, the rate was 97.3 per 1,000.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of the government during the year. In 2018 the Ministries of Indigenous Services and Health sent a letter to provincial and territorial ministers as well as to members of the medical community expressing concern over reports from indigenous women that they were involuntarily sterilized after giving birth. More than 100 women reported they had been sterilized without their proper and informed consent. At least 60 women joined a class action litigation against the province of Saskatchewan for their coerced sterilization between 1972 and 2017; the case was pending as of August.

Discrimination: Women have the same legal status and rights in the judicial system as men, and the government enforced these rights effectively.

In January the government released data regarding female representation on corporate boards. The government determined that in 2017 (the most recent year for which data was available), 18 percent of board seats were held by women. Solely men composed 61 percent of boards. Seven provinces and two territories require private-sector companies to report annually on their efforts to increase the number of women appointed to executive corporate boards. The government’s statistical agency reported that hourly wages for women were, on average, lower than for men but that the wage gap had narrowed to 87 cents for women for every dollar earned by men, except at the top of corporate structures.

First Nations women living on reservations (where land is held communally) have matrimonial property rights. First Nations may choose to follow federal law or may enact their own rules related to matrimonial real property rights and interests that respect their customs.

Children

Birth Registration: Citizenship is derived both by birth within the country’s territory and from one’s parents. Births are registered immediately and are neither denied nor provided on a discriminatory basis.

Child Abuse: The law criminalizes violence and abuse against children, including assault, sexual exploitation, child pornography, abandonment, emotional maltreatment, and neglect. Provincial and territorial child welfare services investigate cases of suspected child abuse and may provide counseling and other support services to families, or place children in child welfare care, when warranted.

Child, Early, and Forced Marriage: The law establishes 16 years as the legal minimum age of marriage with parental consent. Early marriages were not known to be a major problem.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, and offering or procuring a child for child prostitution and practices related to child pornography. Authorities enforced the law effectively. The minimum age of consensual sex is 16 years. Persons convicted of living from the proceeds of the prostitution of a child younger than age 18 face between two and 14 years’ imprisonment. Persons who aid, counsel, compel, use, or threaten to use violence, intimidation, or coercion in relation to a child younger than age 18 engaging in prostitution face between five and 14 years’ imprisonment. Persons who solicit or obtain the sexual services of a child younger than age 18 face between six months’ and 10 years’ imprisonment. Children, principally teenage girls, were exploited in sex trafficking. Children from indigenous communities, at-risk youth, runaway youth, and youth in the child welfare system were at high risk for trafficking.

The law prohibits accessing, producing, distributing, and possessing child pornography. Maximum penalties range from 18 months’ imprisonment for summary offenses to 10 years’ imprisonment for indictable offenses.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

Approximately 1 percent of the population is Jewish.

The B’nai Brith Canada League for Human Rights received 2,207 reports of anti-Semitic incidents in 2019, the latest available figures and an 8 percent increase from 2018. Out of this total, there were 2,011 incidents of anti-Semitic harassment in 2019, up 11 percent from 2018. B’nai Brith also reported there were 11 cases of anti-Semitic violence and 221 reports of anti-Semitic vandalism in 2019.

In January a Quebec man appeared in court on charges of inciting hatred and advocating genocide for posting alleged racist and homophobic slurs on social media in 2019 and in January. The posts targeted Jews, Muslims, black persons, and homosexuals, and it promoted Aryan supremacy. In June he pled guilty to inciting hatred against an identifiable group through social networks. A court sentenced him to seven and one-half months in prison and released him with credit for time served in pretrial detention.

In June an Ontario man was arrested for allegedly painting swastikas and the names of Adolf Hitler, senior Nazi officials related to the Holocaust, and Anne Frank at nine different sites in Barrie, Ontario. The man was charged with nine counts of mischief for vandalism of property.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, transportation, the judicial system, and other state services. Federal and provincial governments effectively implemented laws and programs mandating access to buildings, information, and communications for persons with disabilities, but regulation varies by jurisdiction. The federal Accessible Canada Act became law in June 2019 to “identify, remove, and prevent” accessibility barriers in areas that fall under federal jurisdiction.

Disability rights nongovernmental organizations (NGOs) reported that persons with disabilities experienced higher rates of unemployment and underemployment, lower rates of job retention, and higher rates of poverty and economic marginalization than the broader population. Mental-disability advocates asserted the prison system was not sufficiently equipped or staffed to provide the care necessary for those in the criminal justice system, resulting in cases of segregation and self-harm.

Members of National/Racial/Ethnic Minority Groups

The law prohibits discrimination because of race. Federal, provincial, and territorial human rights commissions investigated complaints and raised public awareness. The federal Canadian Race Relations Foundation coordinates and facilitates public education and research and develops recommendations to eliminate racism and promote harmonious race relations.

In September, five indigenous persons attacked and stabbed a black man in a Manitoba park while yelling racial slurs. Police arrested three of the perpetrators charged them with assault and public incitement of hatred, and continued to search for the other two assailants.

Indigenous People

Indigenous peoples constituted approximately 5 percent of the national population and much higher percentages in the country’s three territories: Yukon, 23 percent; Northwest Territories, 52 percent; and Nunavut, 86 percent. Disputes over land claims, self-government, treaty rights, taxation, duty-free imports, fishing and hunting rights, and alleged police brutality and harassment were sources of tension. Indigenous peoples remained underrepresented in the workforce, leadership positions, and politics; more susceptible than other groups to suicide, poverty, chronic health conditions, and sexual violence; and overrepresented on welfare rolls and in prison populations. In January the government announced the proportion of indigenous persons serving federal sentences had reached a record high: indigenous women constituted 42 percent of all incarcerated women, and more than 30 percent of all incarcerated individuals were indigenous. According to the government’s statistical agency, approximately 22 percent of all homicide victims in 2018 were indigenous, and the rate of homicide was five times higher for indigenous persons than nonindigenous persons.

The law recognizes individuals registered under the Indian Act based on indigenous lineage and members of a recognized First Nation as Status Indians and eligible for a range of federal services and programs. Status and services are withheld from unregistered or nonstatus indigenous persons who do not meet eligibility criteria for official recognition or who may have lost status through marriage to a nonindigenous person or other disenfranchisement. In 2016, according to the government’s statistical agency, 52 percent of children in foster care were indigenous, although indigenous children accounted for less than 8 percent of the child population. Approximately 14,970 of 28,665 foster children in private homes younger than age 15 were indigenous. In January a law came into effect that affirms and recognizes First Nations, Inuit, and Metis jurisdiction over child and family services with the goal of keeping indigenous children and youth connected to their families, communities, and culture. In July the government of Ontario announced reform of its child welfare system with a goal of reducing the number of indigenous children in provincial foster care by 25 percent and mandating that 85 percent of placements be made with caregivers related to a child’s family of origin to allow children to retain cultural, familial, and community connections.

The law recognizes and specifically protects indigenous rights, including rights established by historical land claims settlements. Treaties with indigenous groups form the basis for the government’s policies in the eastern part of the country, but there were legal challenges to the government’s interpretation and implementation of treaty rights. Indigenous groups in the western part of the country that had never signed treaties continued to claim land and resources, and many continued to seek legal resolution of outstanding issues. As a result the evolution of the government’s policy toward indigenous rights, particularly land claims, depended on negotiation or legal challenges.

The law imposes statutory, contractual, and common-law obligations to consult with indigenous peoples on the development and exploitation of natural resources on land covered by treaty or subject to indigenous land claims. According to a Supreme Court ruling, the federal government has the constitutional duty to consult and, where appropriate, accommodate indigenous peoples when the government contemplates actions that may adversely affect potential or established indigenous and treaty rights.

A Supreme Court decision affirmed that indigenous title extends to territory used by indigenous peoples for hunting, fishing, and other activities prior to contact with Europeans, as well as to settlement sites. Provincial and federal governments may develop natural resources on land subject to indigenous title but are obliged to obtain consent of the indigenous titleholders in addition to existing constitutional duties to consult, and where necessary, accommodate indigenous peoples in matters that affect their rights. If governments cannot obtain consent, they may proceed with resource development only based on a “compelling and substantial objective” in the public interest, in which the public interest is proportionate to any adverse effect on indigenous interests. The court has established that indigenous titles are collective in nature.

First Nations, Inuit, and Metis former students of federal and provincial government-funded day schools filed a national class-action lawsuit in 2018 for alleged physical, sexual, and psychological abuse and loss of culture and language, which they claimed they suffered in church-run schools they were legally compelled to attend since 1920. In May 2019 the federal court approved a settlement between the government and former students who suffered harm while attending the schools, whereby some former students would receive C$10,000 ($7,700) in individual compensation, and students who experienced physical and sexual abuse were eligible for additional compensation, ranging from C$50,000 ($38,500) to C$200,000 ($154,000). The claims period was scheduled to remain open until July 2022.

Contaminated drinking water was a problem in many indigenous communities. The 2018 budget provided C$172.6 million ($133 million) over three years for infrastructure projects to support high-risk water systems. The government committed to end all drinking water advisories on indigenous lands by March 2021.

In October, Joyce Echaquan, an indigenous woman, used her cellphone to record derogatory and discriminatory comments made to her by nurses at a Joliette, Quebec, hospital as she lay dying and asked for pain relief. The hospital fired a nurse and orderly when the recording became public. The prime minister publicly deplored the abuse as an example of systemic racism. The premier of Quebec, whose government has jurisdiction over health care, issued a public, formal apology to the Echaquan family and publicly committed to investigating complaints of racism and mistreatment of indigenous patients at the hospital and to introducing training on indigenous culture for physicians and nurses. At the request of the Quebec government, the provincial chief coroner ordered a public inquiry into Echaquan’s death that remained pending at year’s end.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Conversion therapy designed to change a person’s sexual orientation is lawful, and government data reflected that approximately 20 percent of sexual minority men had undergone some form of conversion therapy. The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex persons in housing, employment, nationality laws, and access to government services, including health care, and the government enforced the law.

Police-reported hate crimes based on sexual orientation declined 15 percent in 2018 (the most recent data available) to 173 incidents.

In June a gay man camping in British Columbia was assaulted by seven strangers and suffered a concussion. The group reportedly yelled antigay slurs at the man while beating him. Police investigated the incident but as of October had made no arrests.

Other Societal Violence or Discrimination

There were reports of societal violence and discrimination against members of other minority, racial, and religious groups, but the government generally implemented effectively the law criminalizing such behavior.

There were reports of harassment of members of East Asian communities, especially ethnic Chinese, related to the coronavirus pandemic, including name-calling, negative social media posts, and intimidation. In March a white man shoved an elderly East Asian man with dementia out of a Vancouver convenience store and onto the ground while yelling racist slurs related to the coronavirus. Police charged the assailant with assault.

France

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were some reports of government corruption during the year.

Corruption: On November 23, former president Nicolas Sarkozy stood trial on corruption charges for trying to obtain classified information through his lawyer from a judge. Prosecutors claimed he offered to help the judge obtain a well paid post in Monaco in exchange for the information, leading to charges of corruption and influence peddling.

On May 27, the former mayor of Levallois-Perret, Patrick Balkany, and his wife, Isabelle, lost their appeal of a money laundering and tax fraud conviction. They were sentenced to prison terms of five and four years respectively. They remained free, however, pending an appeal to the country’s highest court. In March the two lost an appeal against tax fraud convictions after they were found guilty of using offshore accounts to hide at least 13 million euros ($15.6 million) in assets. The appeals court upheld the seizure of assets fine of one million euros ($1.2 million) in damages, declaring the couple had implemented a system of “persistent fraud.” The couple was also sentenced to 10 years’ political ineligibility and fined 100,000 euros ($120,000) each.

On June 26, the inspector general of the National Police placed six officers from a Paris unit into custody on charges of theft, drug possession, and extorting money from drug dealers. In July, four of them were formally charged. The officers were part of the Security and Intervention Unit (CSI 93) in the Seine-Saint-Denis department, one of the poorest in the country. CSI 93, tasked with addressing urban violence and crime, had 17 preliminary investigations open against its officers for violations. On September 22, the inspector general placed four other officers in custody on violence and forgery charges.

Financial Disclosure: The president, members of parliament and the European Parliament, ministers, regional and departmental council heads, mayors of larger communities, and directors of government-owned companies (post office, railway, and telephone) are required to declare their personal assets to the Commission for the Financial Transparency of Political Life at the beginning and end of their terms. The commission issued and made available to the public periodic reports on officials’ financial holdings on a discretionary basis at least once every three years. Officials who fail to comply are subject to sanctions.

The Central Office for Combating Corruption and Financial and Tax Crimes investigated offenses including tax fraud, influence peddling, and failure of elected officials to make financial disclosures or report their own violations of the law.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights organizations generally operated, investigated, and published their findings on human rights cases without government restrictions. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: The National Consultative Commission on Human Rights (CNCDH) advised the government on human rights and produced an annual report on racism and xenophobia. Domestic and international human rights organizations considered the CNCDH independent and effective. Observers considered the Defender of Rights independent and effective, with access to all necessary resources.

Following the spring protests against police violence and racism, on September 8, the National Assembly established an investigative committee to assess the ethics of police actions, practices, and law and order doctrine.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and the government generally enforced the law effectively. The penalty for rape is 15 years’ imprisonment, which may be increased. The government and NGOs provided shelters, counseling, and hotlines for rape survivors.

The law prohibits domestic violence against women and men, including spousal abuse, and the government generally enforced the law effectively. The penalty for domestic violence against either gender varies from three years to 20 years in prison and a substantial fine.

In November 2019 the government’s Interministerial Agency for the Protection of Women against Violence and Combatting Human Trafficking published data showing that in 2018 approximately 213,000 women older than 18 declared they had been victims of physical or sexual violence at the hands of a partner or former partner. The agency reported that, over the same period, 94,000 women declared they had been victims of rape or attempted rape.

In December 2019 the National Observatory of Crime and Criminal Justice, an independent public body, and the National Institute of Statistics and Economic Studies (INSEE) published a joint study showing that the number of persons who considered themselves victims of sexual violence committed by a person who did not live with them declined from 265,000 in 2017 to 185,000 in 2018. In 2017 there was a sharp increase in the number of estimated victims, so despite this decline the 2018 estimate reflected the second-highest level since the organizations began collecting data in 2008.

The government sponsored and funded programs for women victims of violence, including shelters, counseling, hotlines, free mobile phones, and a media campaign. The government also supported the work of 25 associations and NGOs dedicated to addressing domestic violence.

In September 2019 the government launched a national forum (grenelle) on domestic violence and brought together dozens of ministers, judges, police officers, victims’ relatives and feminist groups. Approximately 100 conferences took place across the country from September to November 2019. At the closure of the series of consultations in November 2019, the international day for the prevention of violence against women, then prime minister Philippe announced 43 measures aimed at preventing domestic violence against women, focusing on three areas: education (educating children on gender equality); protection (ensuring the immediate safety of victims and their children); and restriction (preventing further violence from the perpetrators). Among concrete measures announced were the creation of 1,000 new places in shelters for survivors and improved training for those who work with survivors of domestic violence. On November 25, the government reported that among the 43 measures announced, 23 of them had been implemented and that 1,000 places in shelters were available to women who had to get away from their homes.

On October 9, the High Council for Equality issued a report assessing the results of its commission on domestic violence. The high council noted persistent failures in caring for victims and called for a sixth interministerial plan, to include annual assessments of implementation. The report called for funding “at the level of need,” citing the estimated annual, societal cost of domestic violence of 3.6 billion euros ($4.3 billion). The high council issued 44 recommendations to “better protect women” and “put an end to the impunity of attackers.”

On July 21, parliament adopted a bill to protect domestic violence victims that authorizes doctors to waive medical confidentiality and report to police if a patient’s life is in “immediate danger.” The law reinforces harassment penalties and includes a 10-year prison sentence in cases where violence led to a victim’s suicide. The law also makes it possible to suspend parental authority in cases of domestic violence.

Starting on September 25, judges in five courts (Bobigny, Pontoise, Douai, Angouleme, and Aix-en-Provence) may order domestic violence offenders to wear electronic tracking bracelets. A GPS monitor alerts victims and police if known abusers come within a certain distance of their victims. Judges may order GPS trackers for men charged with assault, even if not yet convicted, provided sufficient grounds are met and the suspect accepts. If a suspect refuses, the judge may order prosecutors to open a criminal inquiry. Victims will be given a warning device, and alleged offenders must submit to restraining orders as defined by judges.

The government estimated more than 200,000 women were victims of marital violence each year, with many cases never reported. Official statistics showed that 149 women were killed in domestic violence cases in 2019, up from 121 in 2018. On November 16, the Ministry of Interior reported 142,310 individuals, both men and women, reported being victims of domestic violence in 2019, representing a 16 percent increase from the previous year. Women represented 88 percent of the victims, while men represented 12 percent. Three percent of the crimes reported concerned rape or sexual assault, with women being the victims in 98 percent of cases. On March 26, then interior minister Castaner stated reports of domestic violence across the country had jumped by more than 30 percent since the COVID-19 lockdown began on March 17. The sharp rise in the numbers prompted the government to establish temporary support centers outside supermarkets and provide pharmacists with guidelines to advise domestic abuse victims who sought help. The government agreed to pay for 20,000 overnight stays in hotels and shelters for survivors who left their partners during the lockdown. The feminist collective Nous Toutes reported that, as of September 29, 69 women had been killed by their partners or former partners since the beginning of the year.

On March 16, a Paris court found the State guilty of negligence for police failure to prevent a woman’s former partner from murdering her and ordered payment of 100,000 euros ($120,000) to her family. A woman whose sister and parents were murdered by the sister’s former partner asked a court to find the state responsible for their deaths, again citing failure to protect.

Female Genital Mutilation/Cutting (FGM/C): FGM/C was practiced in the country, particularly within diaspora communities. Various laws prohibit FGM/C and include extraterritorial jurisdiction, allowing authorities to prosecute FGM/C, which is punishable by up to 20 years in prison, even if it is committed outside the country, and up to 30 years if the FGM/C leads to the death of the victim. The government provided reconstructive surgery and counseling for FGM/C victims.

According to the latest statistics available from the Ministry of Gender Equality and the Fight against Discrimination, between 40,000 and 60,000 FGM/C survivors resided in the country. The majority were recent immigrants from sub-Saharan African countries where FGM/C was prevalent and where the procedure was performed. According to the Group against Sexual Mutilation, 350 excisions were performed in the country each year. In June 2019 then junior minister of gender equality and the fight against discrimination, Marlene Schiappa, launched a national action plan to combat FGM/C, focusing on identifying risks, preventing FGM/C, and supporting female victims.

In 2019 the National Public Health Agency estimated the number of victims of FGM/C rose from 62,000 in the early 2000s to 124,355 in the middle 2010s.

On February 6, the International Day of Zero Tolerance for Female Genital Mutilations, then junior minister of gender equality Schiappa announced the allocation of 60,000 euros ($72,000) to implement a key provision of the 2019 national action plan to eradicate FGM/C. The funds were to support initial trials of a system to study the prevalence of FGM/C in France.

Sexual Harassment: The law prohibits gender-based harassment of both men and women in the workplace. Sexual harassment is defined as “subjecting an individual to repeated acts, comments, or any other conduct of a sexual nature that are detrimental to a person’s dignity because of their degrading or humiliating character, thereby creating an intimidating, hostile, or offensive environment.” The government enforced the law.

The law provides for on-the-spot fines for persons who sexually harass others on the street (including wolf whistling), and substantial fines if there are aggravating circumstances. The law covers sexual or sexist comments and behavior that is degrading, humiliating, intimidating, hostile, or offensive and provides for increased sanctions for cyberstalking and prohibits taking pictures or videos under someone’s clothes without consent, which is punishable by up to one year in prison and a substantial fine. On October 13, Junior Minister for Citizenship Schiappa reported that authorities fined 2,005 men for harassing women in public spaces since the introduction of the law in 2018, including 694 during the year.

On May 20, a labor court convicted National Assembly member Stephane Trompille of sexual harassment of his female staffer and ordered him to pay a substantial amount in damages. In its ruling, the court specified that “under the guise of sexist and crude jokes,” Stephane Trompille adopted “conduct detrimental to the health” of the staffer, the only woman on the team, who then suffered “health consequences.”

On May 28, then gender equality minister Marlene Schiappa unveiled a plan to fast-track court proceedings for street sex offenders and a campaign to keep women safe on the streets. The measures are part of a “cat-calling law,” which already allows for on-the-spot fines. The new provisions tighten enforcement for street harassment against women, allowing prosecutors to hear cases immediately. The plan, backed by the UN, allows women who feel in danger “to know where they can find refuge if there are no police officers at hand to take their statement.” Refuge shelters can be bars, restaurants, pharmacies, or any business willing to take part in the program. Women will be able to recognize participating locations by a label displayed outside the business.

On September 24, a young man in Mulhouse received a two-month suspended jail sentence under the fast-track procedure for harassing two women, chastising them for their choice of attire. The man was ordered to perform 75 hours of community service and attend citizenship classes.

According to the latest statistics released by the Interior Ministry in January 2019, reported cases of sexual harassment and sexual violence surged in 2018, with 28,900 complaints registered by police, up 20 percent over the previous year.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health free from discrimination, coercion, and violence and had both the information and means to do so. There was easy access to contraception and skilled attendance during childbirth. The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law prohibits gender-based job discrimination and harassment of subordinates by superiors, but this prohibition does not apply to relationships between peers. The constitution and law provide for the same legal status and rights for women as for men, including under family, religious, personal status, labor, employment, property, nationality, and inheritance laws, access to credit, and owning or managing businesses or property in line with the Department’s commitments under the Women’s Global Development and Prosperity Initiative. The Ministry of Gender Equality, Diversity, the Fight against Discrimination and Equal Opportunities is responsible for protecting the legal rights of women. The constitution and law provide for equal access to professional and social positions, and the government generally enforced the laws.

There was discrimination against women with respect to employment and occupation, and women were underrepresented in most levels of government leadership.

Children

Birth Registration: The law confers nationality to a child born to at least one parent with citizenship or to a child born in the country to stateless parents or to parents whose nationality does not transfer to the child. Parents must register births of children regardless of citizenship within three days at the local city hall. Parents who do not register within this period are subject to legal action.

Child Abuse: There are laws against child abuse, including against rape, sexual assault, corruption of a minor, kidnapping, child pornography, and human trafficking, including both child sex trafficking and labor trafficking. The government actively worked to combat child abuse. Penalties were generally severe.

The Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) report found courts rarely applied legislative mechanisms to prioritize children’s safety in custody disputes and thus did not sufficiently incorporate children’s risk of exposure to violence in custody and visitation decisions. The report also found a lack of support and assistance for children who had witnessed violence.

In November 2019 the government presented a three-year plan to end violence against children. The junior secretary for children, Adrien Taquet, presented 22 measures “to end once and for all violence against children.” New measures include 400,000 euros ($480,000) in additional funding for responses to the “child in danger” emergency hotline and strengthened implementation of background checks for those working in contact with children. Of the 22 points, approximately one-third had been implemented before the end of the year and the rest were still in progress.

On June 4, the European Court of Human Rights ruled the state had violated the European Convention on Human Rights by failing to protect an eight-year-old girl from abuse by her parents. She died in 2009 despite teachers repeatedly reporting abuse to authorities and despite the girl spending a month in the hospital due to the abuse. The court ordered the state to pay a token amount of one euro ($1.20) in damages to the association Innocence en Danger that brought the case in addition to a substantial amount in costs.

Child, Early, and Forced Marriage: The minimum legal age for marriage is 18. Early marriage was a problem mainly for communities from the Maghreb, Sub-Saharan Africa, and South Asia. The law provides for the prosecution of forced marriage cases, even when the marriage occurred abroad. Penalties for violations are up to three years’ imprisonment and a substantial fine. Women and girls could seek refuge at shelters if their parents or guardians threatened them with forced marriage. The government offered educational programs to inform young women of their rights.

On September 8, a Nimes court sentenced a father and his partner to 18-month suspended prison sentences for compelling the father’s daughter to leave France and forcing her to get married in Morocco.

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. The minimum age of consent is 15, and sexual relations with a minor age 15 to 18 are illegal when the adult is in a position of authority over the minor. For rape of a minor younger than 15, the penalty is 20 years’ imprisonment, which may be increased in the event of aggravating circumstances. Other sexual abuse of a minor under 15 is punishable by up to 10 years in prison and a substantial fine. The law provides that underage rape victims may file complaints up to 30 years after they turn 18.

The government enforced these laws effectively but faced criticism from NGOs such as Coup de Pouce, Acting against Child Prostitution, and the French Council of Associations for the Rights of the Child that asserted children cannot provide legal consent regardless of circumstance. On November 20, the government released estimates that 130,000 girls and 35,000 boys annually suffered rape or attempted rape and that 140,000 children were exposed to domestic violence. According to an IPSOS poll released in October 2019 conducted with victims of childhood sexual abuse, the victims’ average age was 10 and 83 percent of victims were girls. Victims filed a lawsuit in only 25 percent of the cases.

On October 5 and 6, police arrested 61 persons for involvement in a vast child pornography network, including at least three individuals who raped children on camera. Several suspects’ professions put them in regular contact with children. They were arrested in coordinated operations in 30 regions across the country, following months of investigation of child pornography shared on peer-to-peer networks online.

The law also criminalizes child sex trafficking with a minimum penalty of 10 years’ imprisonment and a substantial fine. The law prohibits child pornography; the maximum penalty for its use and distribution is five years’ imprisonment and a substantial fine.

Displaced Children: By law unaccompanied migrant children are taken into the care of the country’s child protection system. The defender of rights again assessed that border police summarily returned unaccompanied migrant children attempting to enter from Italy, rather than referring them to the child protection system. In a July 22 decision, the defender of rights issued recommendations to improve the reception and care of unaccompanied minors in Paris, especially through improved coordination.

In an October 5 report, several associations, including Doctors of the World, Amnesty International, Cimade, Doctors without Borders, and Catholic Relief of France (Le Secours-Caritas France), found France failed to protect isolated minors at its borders. The report highlighted dysfunctions observed at the borders with Spain, Italy, and the United Kingdom. The government did not report taking steps to address the 3,000 to 4,000 unaccompanied Comorian minors who were at risk for sex and labor trafficking in the French department of Mayotte by offering them medical, shelter, education, or other protection services. Traffickers exploited the large influx of unaccompanied minors who entered the country in recent years. Roma and unaccompanied minors were at risk for forced begging and forced theft.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

NGO and government observers reported numerous anti-Semitic incidents, including physical and verbal assaults on individuals and attacks on synagogues, cemeteries, and memorials, particularly in the Alsace-Lorraine region. The number of anti-Semitic acts increased by 27 percent (687 acts total) in 2019, according to government statistics, while the number of violent attacks against individuals decreased by 44 percent in 2019.

According to the latest statistics released by the Defense Ministry in August, the government deployed 7,000 military personnel throughout the country to patrol sensitive sites, including vulnerable Catholic, Jewish, and Muslim sites and other places of worship. This number could go up to 10,000 personnel at times of high threat. Some Jewish leaders requested the government also provide static armed guards at Jewish places of worship.

Many anti-Semitic threats of violence singled out public spaces and figures. A 38-year-old man was charged for extortion with aggravated circumstances following an August 26 anti-Semitic incident in Strasbourg. A young artist who was hired by the city to decorate a public building was assaulted by a group of individuals for wearing a T-shirt with “Israel” printed on it. After ordering the artist to leave the site, one of the assailants added, “Jews and bitches forbidden” graffiti on the sidewalk. Both the victim and a local Jewish association filed a complaint.

On August 6, a man was attacked by two persons who shouted anti-Semitic insults, stole his watch, and beat him unconscious in the hallway of his parents’ apartment building in Paris. Justice Minister Dupond-Moretti tweeted, “I know the immense emotion that besets the entire Jewish community. It is the emotion of the whole nation and of course mine.” Two men were charged with violent theft motivated by religious reasons and placed in pretrial detention on August 28.

Anti-Semitic vandalism targeted Jewish sites, including Holocaust memorials and cemeteries. On January 5, a Jewish cemetery was vandalized in Bayonne, resulting in damage to several headstones, vaults, and a memorial to a young child deported to Auschwitz during World War II. The cemetery, the oldest of its kind in the country, contained Jewish burial sites dating to the late-17th century. The president of the Bayonne/Biarritz Jewish community condemned the desecrations, noting that “when it comes to attacking the dead, I don’t think there is anything more cowardly.”

On May 18, the hashtag #sijetaitunjuif (If I were a Jew) trended on Twitter France before the company took it down following condemnation by French officials and Jewish and antihate organizations. The hashtag originated with six coordinated, individual users and was then amplified by others who added anti-Semitic smears and references to the Holocaust. Twitter France took the hashtag off its list of trending topics for violating the company’s hate-speech rules.

On August 3, Facebook confirmed it had banned the notorious comedian Dieudonne M’Bala from its platforms for repeatedly violating its policies by posting anti-Semitic comments and for “organized hatred.” Dieudonne was also banned from YouTube in June. He had more than one million followers on Facebook and 36,000 on Instagram before being banned from both platforms. Dieudonne has been convicted multiple times for hate speech, including anti-Semitism. Meanwhile, his loyal followers continued to defend his right to free speech and continued to attend his “shows.” During the COVID-19 second wave, on October 10, he illegally organized a performance before 200-300 persons in Strasbourg.

Persons with Disabilities

The constitution and law protect the rights of persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. Adults with disabilities received a 900 euro ($1,080) allowance per month from the government. The government did not always enforce these provisions effectively. According to official statistics, disability affected 12 million citizens.

An estimated 350,000 persons with intellectual or mental disabilities were deprived of the right to vote. The law allows a judge to deny the right to vote to individuals who are assigned guardians to make decisions on their behalf, which mainly affected persons with disabilities.

While the law requires companies with more than 20 workers to hire persons with disabilities, many such companies failed to do so and paid penalties.

The law requires that buildings, education, and employment be accessible to persons with disabilities. According to the latest government estimates available, 40 percent of establishments in the country were accessible. In 2015 parliament extended the deadline for owners to make their buildings and facilities accessible by three to nine years. In 2016 then president Hollande announced that 500,000 public buildings across the country were undergoing major renovation to improve accessibility. The Ministry of Social Affairs and Health (now called the Ministry for Solidarity and Health) reported in 2016 that only 300,000 of one million establishments open to the public were fully accessible. Public transport is not accessible, or is only partially accessible, in Paris and Marseille, the two largest cities in the country.

According to statistics released November 23 by the Education Ministry, in 2019, 408,000 children with disabilities attended schools in the country, a little more than 80,000 in hospitals or medicosocial establishments and nearly 337,800 in “ordinary” schools.

On March 10, the National Agency of Public Health reported that as of 2017, 119,206 persons were identified as autistic in the country, representing 0.18 percent of the population. On the occasion of World Autism Awareness Day on April 2, President Macron announced autistic persons were exempted from COVID-19 lockdown restrictions, enabling them to visit reassuring places to counter anxiety.

Members of National/Racial/Ethnic Minority Groups

Societal violence and discrimination against immigrants of North African origin, Roma, and other ethnic minorities remained a problem. Many observers, including the Defender of Rights and the CNCDH, expressed concern that discriminatory hiring practices in both the public and private sectors deprived minorities from sub-Saharan Africa, the Maghreb, the Middle East, and Asia of equal access to employment.

On June 8, the defender of rights, a constitutionally created, independent civil rights watchdog, reported registering 1,957 complaints against the security forces’ intervention methods in 2019. The defender of rights noted a 29 percent increase in complaints related to the “ethics of security” in 2019 compared with the previous year. While only 10.7 percent of cases investigated revealed a fault by security agents, the defender of rights stated the complaints revealed a “crisis of confidence” in the security forces. In his annual report, the defender of rights also found that individuals in the country perceived as black or Arab were 20 times more likely to be stopped by police than those perceived as white. In addition blacks and Arabs were more likely to be treated with a lack of professionalism by police. According to Jacques Toubon, the defender of rights at the time, the results of the study indicated a “degraded relationship between security forces and [minority] groups.”

In a June 24 report, Policing the Pandemic: Human Rights Violations in the Enforcement of COVID-19 Measures in Europe, Amnesty International asserted that enforcement of COVID-19 lock-down measures in the country had a disproportionate impact on members of racial and ethnic minorities. According to the report, “The COVID-19 pandemic further revealed the heavy policing and the recurrent unlawful use of force in urban areas in France with high rates of poverty and where a large proportion of the population are of North African or other minority ethnic origin.”

On January 26, the Ministry of Interior announced the government registered 1,142 racist and xenophobic hate crimes involving threats or violence in 2019, a 132 percent increase from the number recorded in 2018 with 496 acts. The ministry reported 687 anti-Semitic acts, up 27 percent from 2018. The ministry also registered 154 anti-Muslim acts, up 54 percent from 2018. The Ministry of Justice reported it reviewed 6,603 cases related to racism in 2019 (compared with 6,122 in 2018) and 393 racist offenses were punished with convictions.

Government observers and NGOs, including the French Council for the Muslim Religion and the Collective against Islamophobia, reported a number of anti-Muslim incidents during the year, including slurs against Muslims, attacks on mosques, and physical assaults. The number of registered violent acts of racism against Muslims slightly increased from eight in 2018 to nine in 2019. Over the same period, threats against the Muslim community increased by 65 percent, while total anti-Muslim acts increased by 54 percent, from 100 to 154.

Under the counterterrorism law, prefects have authority to close places of worship “in which statements are made, ideas or theories are disseminated, or activities take place that lead to violence, hatred or discrimination, provoke the commission of acts of terrorism, or make apologies for such acts.” On October 2, President Macron stated that since 2018, the Interior Ministry had closed 15 places of worship in the “fight against radicalization.” In October 2019 the Prime Minister’s Office announced that since November 2017, 370 foreigners flagged for radicalization and living illegally in the country had been deported.

On August 7, the Omar Mosque in Bron, a suburb of Lyon, was set on fire. The president of the regional Council of the Muslim Faith denounced the fire, while regional and religious leaders expressed solidarity with the Muslim community and lamented the country was experiencing “rising hatred.” On August 12, a fire broke out at the Essalam Mosque in the city of Lyon. The mayor of Lyon’s Second Arrondissement, Pierre Oliver, strongly condemned the suspected arson.

Societal hostility against Roma, including Romani migrants from Romania and Bulgaria, continued to be a problem. There were reports of anti-Roma violence by private citizens. Romani individuals, including migrants, experienced discrimination in employment. Government data estimated there were 20,000 Roma in the country.

On June 18, the CNCDH highlighted in its annual report that intolerance of Roma remained particularly stark and had changed little since 2016. The CNCDH 2019 report had called hatred towards Roma the “most commonplace form of racism that arouses the least reprobation.” This form of hatred is “underestimated by the media and in public opinion,” the report went on, which “contributes to maintaining stereotypes” of Roma. Roma and unaccompanied minors in France were at risk for forced begging and forced theft.

Authorities continued to dismantle camps and makeshift homes inhabited by Roma. According to the Observatory for Collective Expulsions from Informal Living Places, authorities evicted persons from 1,159 places between November 2018 and October 31, 2019. Among those expelled, the Observatory identified 15,400 persons “mainly coming from Eastern Europe, (who were) Romani or perceived as such.”

On May 14, the European Court of Human Rights ordered France to pay more than 40,000 euros ($48,000) in compensation to six Roma who were evicted from their caravans on municipal land in La Courneuve in 2013. The court emphasized the litigants belonged to “an underprivileged social group” and that authorities failed to take their particular needs into account. The court ruled that authorities had violated their rights under the European Convention on Human Rights.

On May 25, a Versailles administrative appeals court ruled that separate classes for Romani children in Ris-Orangis denied the children equal access to education. The court rejected the appeal of the municipality of Ris-Orangis and upheld a 2017 ruling that found separate classes for Romani children to be illegal.

Citizens, asylum seekers, and migrants may report cases of discrimination based on national origin and ethnicity to the defender of rights. According to the most recent data available, the office received 5,448 discrimination claims in 2019, 14.5 percent of which concerned discrimination based on ethnic origin.

The government attempted to combat racism and discrimination through programs that promoted public awareness and brought together local officials, police, and citizens. Some public school systems also managed antidiscrimination education programs.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation and gender identity in housing, employment, nationality laws, and access to government services. Authorities pursued and punished perpetrators of violence based on sexual orientation or gender identity. The statute of limitations is 12 months for offenses related to sex, sexual orientation, or gender identity.

The government announced April 24 an emergency plan to help LGBTI persons during COVID-19 lock-downs, including authorizing 300,000 euros ($360,000) to fund 6,000 hotel nights for young persons facing homophobic violence at home. Then gender-equality minister Schiappa also confirmed LGBTI individuals could notify police at pharmacies or text a hotline, which was also possible for victims of domestic violence. The government reopened the SOS Homophobia association’s LGBTI hotline, which had been suspended due to technical difficulties. It also funded a mobile application, FLAG!, that was launched on April 24 by the LGBTI police and gendarme association to report acts of violence.

The associations Stop Homophobia and Mousse took legal action against the Lyon daily newspaper Le Progres for “homophobic defamation” following its April 18 publication of an inflammatory article that implied members of the gay community did not respect COVID-19 lock-down rules, accusing them of risky sexual encounters and drug parties.

Homophobic violence and hate speech increased 36 percent in 2019, with 1,870 acts compared to 1,380 in 2018, according to Interior Ministry statistics released May 16. Insults constituted 33 percent of the offenses, while physical and sexual violence made up 28 percent. Victims were mainly men (75 percent) and young persons (62 percent were under 35). The ministry noted “these figures testify to the deep anchoring of homophobia and transphobia in society.” The ministry categorized homophobic hatred within the broader increase in “hate acts and identity extremism.”

On August 31, a couple sitting on a bench in Lyon was attacked and harassed with homophobic comments. The victims notified the police, who arrested two individuals the following day and took them into police custody. The prefecture reacted on social networks stating, “homophobia and hatred have no place in our Republic.”

On September 15, blogger Bassem Braiki appeared before Lyon criminal court for a homophobic Snapchat comment equating suicide with a “cure” for homosexuality. Three advocacy organizations fighting homophobia filed a complaint against him. The prosecutor called for eight months in prison and a substantial fine. On October 20, the court sentenced him to an eight-month suspended prison sentence and to a 2,500 euros ($3,000) fine.

According to a BVA survey of 1,001 individuals conducted in September and published on October 5, approximately 65 percent of the population said they had heard homophobic or transphobic comments in public: 51 percent reported multiple instances, while 31 percent reported witnessing a homosexual or transgender person being insulted. The same poll found that 39 percent of the population believed the way society accepted homosexual, transgender, and transidentity persons had improved over the past three years. Nearly 50 percent of the population believed the state was not sufficiently involved in this area, while 37 percent believed public authorities were doing enough.

On October 14, Junior Minister of Gender Equality Elisabeth Moreno unveiled a three-year national plan to combat hatred and discrimination against LGBTI persons. Moreno told media the plan emphasizes the importance of inclusive education in stamping out homophobia and aims to make members of the LGBTI community “citizens in their own right.” It comprises 42 measures designed to tackle homophobia or transphobia in the home, school, university, work, health care, and sports, and will be “amplified” between now and 2023. The plan also aims to act against conversion therapy, which Moreno stated constitutes “abject and medieval practices”; “we (the country) want to ban them outright.”

Human rights organizations such as Inter-LGBTI criticized the government for continuing to require transgender persons to go to court to obtain legal recognition of their gender identity.

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