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France

Executive Summary

France is a multiparty constitutional democracy. Voters directly elect the president of the republic to a five-year term. President Emmanuel Macron was elected in 2017. An electoral college elects members of the bicameral parliament’s upper house (Senate), and voters directly elect members of the lower house (National Assembly). Observers considered the 2017 presidential and separate National Assembly elections to have been free and fair.

Under the direction of the Ministry of the Interior, a civilian national police force and gendarmerie units maintain internal security. In conjunction with specific gendarmerie units used for military operations, the army is responsible for external security under the Ministry of Defense. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: violence against journalists; criminal defamation laws; and societal acts of violence and threats of violence against Jews, migrants and members of ethnic minorities, and lesbian, gay, bisexual, transgender, and intersex persons.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses. Impunity was not widespread.

Note: The country includes 11 overseas administrative divisions covered in this report. Five overseas territories, in French Guiana, Guadeloupe, Martinique, Mayotte, and La Reunion, have the same political status as the 13 regions and 96 departments on the mainland. Five divisions are overseas collectivities: French Polynesia, Saint-Barthelemy, Saint-Martin, Saint-Pierre and Miquelon, and Wallis and Futuna. New Caledonia is a special overseas collectivity with a unique, semiautonomous status between that of an independent country and an overseas department. Citizens of these territories periodically elect deputies and senators to represent them in parliament, like the mainland regions and departments.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

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.

Arrest Procedures and Treatment of Detainees

The law requires police to obtain warrants based on sufficient evidence prior to detaining suspects, but police may 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 have representation by counsel, to inform someone such as a family member or friend, and to be examined 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 have 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 July pretrial detainees made up 34 percent of the prison population.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

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 passed in 2015 that allow specialized intelligence agencies to conduct without approval from a judge real-time surveillance 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.

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 of the antiterrorism law were to expire at the end of the year unless renewed by parliament.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the 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 Speech: 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.

On June 18, the Constitutional Council invalidated core provisions of the new law against online hate speech, adopted by parliament on May 13. The so-called Avia Law required online platforms to remove within 24 hours the following: hateful content based on race, gender, disability, sexual orientation, and religion; language trivializing genocide or crimes against humanity; and content deemed sexual harassment. Content related to terrorism and child pornography had to be removed within one hour of being flagged by a user. Social media companies faced fines up to 1.25 million euros ($1.75 million) if they failed to remove the content within the required timeframes. The Constitutional Council ruled that these provisions of the law infringed on freedom of speech and were “not appropriate, necessary, and proportionate.”

On June 19, the Constitutional Court found unconstitutional the law against downloading and possessing files that condone or justify terrorism. The judges found it violated freedoms of expression and communication and stated it was duplicative of existing antiterrorist laws. Introduced following the 2015 wave of terrorist attacks, the law was intended to “prevent the indoctrination of individuals susceptible to commit such acts.”

Freedom of Press and Media, Including Online Media: 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.

Violence and Harassment: In 2019 the NGO Reporters without Borders (RSF) noted growing hatred directed at reporters in the country and an “unprecedented” level of violence from both protesters and riot police directed at journalists during Yellow Vest protests between 2018 and May 2019. The RSF, which reported dozens of cases of police violence and excessive firing of flash-ball rounds at reporters, filed a complaint with the Paris public prosecutor’s office in December 2019. As of year’s end, the investigations were ongoing.

On September 17, Interior Minister Darmanin introduced a new national law-enforcement doctrine aimed at reducing injuries by law enforcement personnel during demonstrations. Certain provisions, including the designation of a referent officer responsible for engaging credentialed members of the press aroused concern from human rights and press organizations, who argued the rules could be used to restrict press access. On September 22, the RSF and 40 media companies requested clarification from Interior Minister Darmanin.

UNESCO’s September report, Safety of Journalists Covering ProtestsPreserving Freedom of the Press During Times of Civil Unrest, pointed to the use of flash ball ammunition by French law enforcement agencies as an example of disproportionate use of force. Several journalists were injured by flash balls in 2018, including Boris Kharlamoff, a journalist for the audio press agency A2PRL, who claimed he was hit in the side even though he presented a press badge, and Liberation reporter Nicolas Descottes, who was struck in the face.

Libel/Slander Laws: Defamation is a criminal offense, although it does not carry the possibility of imprisonment as punishment. The law distinguishes between defamation, which consists of the accusation of a particular fact, and insult, which does not.

National Security: The Committee to Protect Journalists raised concerns about police and prosecutors questioning reporters on national security grounds.

Nongovernmental impact: On September 2, to mark the start of the trial of the January 2015 attacks against the satirical magazine Charlie Hebdo, the magazine reprinted on its front page the controversial cartoons of the Prophet Muhammad that led terrorists to target its headquarters. The reprinted cover provoked condemnation from several Muslim countries and threats from al Qaeda. After receiving death threats, Charlie Hebdo senior staffer Marika Bret required police assistance to be exfiltrated from her home on September 14. On September 23, more than 100 news outlets signed an open letter calling for public support of Charlie Hebdo.

b. Freedoms 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

The government enacted security legislation in 2019 that gave security forces greater powers at demonstrations, including the power to search bags and cars in and around demonstrations. It also approved making it a criminal offense for protesters to conceal their faces at demonstrations, punishable by one year in prison and 15,000 euros ($18,000) in fines.

In 2019, 210 persons were detained under a new ban on wearing face coverings to protests, which many did to protect themselves from police tear gas In a report released on September 29, Amnesty International accused authorities of using “vague laws” to crack down on antigovernment protesters and deter others from exercising their right to demonstrate. The report said many peaceful demonstrators had been fined, arrested, and prosecuted. According to Amnesty, more than 40,000 persons were convicted in 2018 and 2019 “on the basis of vague laws” for crimes including “contempt of public officials,” “participation in a group with a view to committing violent acts,” and “organizing a protest without complying with notification requirements.”

On January 27, then interior minister Christophe Castaner announced police would stop using GLI-F4 grenades, tear gas grenades containing 26 grams of TNT, that reportedly injured numerous protesters at demonstrations.

On September 17, the government enacted legislation establishing a new doctrine for maintaining order at demonstrations that was intended to be “more protective for the demonstrators” and “reduce the number of injured during demonstrations.” Among the changes are replacing the hand grenade model that is in service with a new model deemed less dangerous, putting in place stricter supervision of defense ball launchers, and implementing the widespread presence of a “supervisor” who assists the shooters to “assess the overall situation and the movements of the demonstrators.”

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 https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The law permits the government to cancel and seize passports and identification cards of French nationals in some circumstances, such as when there are serious reasons to believe that they plan to travel abroad to join a terrorist group or engage in terrorist activities.

On March 16, President Macron announced nationwide lock-down measures aimed at curbing the COVID 19 pandemic outbreak. Residents were asked to stay at home except to buy groceries, travel to work, exercise, or seek medical care. Approximately 100,000 police and gendarmes were mobilized throughout the country to enforce the measures, including with the help of drones and helicopters in some regions. Violators faced fines of 135 euros ($162) for first-time offenders, increasing to 3,700 euros ($4,440) for multiple offenses with maximum punishment of up to six months in prison for more than four offenses in a single month.

The Ministry of the Interior announced that police executed 20.7 million interventions, resulting in 1.1 million fines and 570 trials. Several cities and municipalities, including Nice and Cannes, introduced curfews. The country never completely closed its borders, but travel became heavily restricted beginning in April. Persons travelling from within Europe were allowed in for essential reasons only and needed to present travel permits at the border. After eight weeks, the government lifted lockdown measures on May 11. On June 15, the government lifted coronavirus restrictions on movement at its European borders (land, air, and sea) for EU members and a few other countries.

On October 14, President Macron announced a 9 p.m. to 6 a.m. curfew in areas most impacted by COVID-19, which included Paris and the Ile-de-France region, Grenoble, Lille, Lyon, Aix-Marseille, Montpellier, Rouen, Saint-Etienne, and Toulouse. On October 22, Prime Minister Castex announced the extension of the curfew to an additional 38 departments in France, bringing the total number of persons who must adhere to the restrictive measures to 46 million (two-thirds of population) in 54 departments.

On October 28, President Macron announced a second wave of nationwide lock-down measures aimed at curbing the COVID 19 pandemic outbreak. French citizens were required to stay at home except to buy groceries, go to school, travel to work, exercise, or seek medical care.

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.

Section 3. Freedom to Participate in the Political Process

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 2017 presidential and separate parliamentary (National Assembly) elections to have been free and fair.

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

Section 7. Worker Rights

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. Penalties for violations were commensurate to those under other laws related to the denial of civil rights, 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 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. Most workers’ organizations stressed their independence vis-a-vis political parties. Some union leaders, however, did not conceal their political affiliations.

During the COVID-19 pandemic, firms were required to consult labor unions before implementing organizational change in the workplace, including health and safety measures related to the sanitary crisis. Unions successfully sued firms they believed did not properly consult them. The government specifically requested proposals from labor unions on how to improve health and safety measures, optimize work schedules, and leverage teleworking capabilities. Also, labor unions were instrumental in formulating health and safety guidelines for the Labor Ministry.

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; particularly vulnerability resulting from an economic situation that is apparent or known to the author of the 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 for violations were commensurate with those under other laws related to civil rights.

Employment discrimination based on sex, gender, disability, and national origin occurred. The country’s Romani community faced employment discrimination.

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. The companies must publish on their company websites an estimate of salary disparities between men and women. The law requires that women receive equal pay for equal work. The economic statistics institute INSEE indicated that women working the equivalent of full time earned 18.5 percent less than men in 2015, the most recent year for which data were available.

A June report on the employment and unemployment of persons with disabilities from the Fund Management Organization for the Professional Integration of People with Disabilities (AGEFIPH) showed a 4 percent decrease in the unemployment of persons with disabilities, compared with the same period in 2019, and represented 8.6 percent unemployment for the general population. Job seekers with disabilities were out of work for 853 days on average, compared with 650 days for the general population. They were also older, on average, than the general population: an estimated 5 percent of job seekers with disabilities were 50 or older, although they constituted just 26 percent of all job seekers.

The law requires at least 6 percent of the workforce in companies with more than 20 employees to be persons with disabilities. Noncompliant companies must contribute to a fund managed by AGEFIPH. The funds go to financial support for persons with disabilities seeking employment or firms employing persons with disabilities, research and analysis on disability employment issues, and support for employment retention of persons with disabilities. Approximately 51 percent of private-sector enterprises met the workforce requirement in 2018, while the companies that did not complete the requirement contributed to a 400 million euro ($480 million) fund and a small number (mostly large corporations) received an exemption from the government based on a negotiated action plan, according to AGEFIPH. Since January 1, new companies have five years to comply with the 6 percent requirement, instead of the previous 3 percent. Furthermore, under the government’s recovery plan, companies hiring workers with disabilities for a fulltime contract of at least three months between September 1 and February 28, 2021 are entitled to a yearly 4,000-euro ($4,800) bonus.

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