E/C.12/FRA/CO/4
ratifies Order No. 2014-1090 of 26 September 2014 on the accessibility of public transport
and of buildings open to the public;
(c)
The issuance of official instructions on 6 February 2015 regarding the 2015
plan of action for the provision of housing to beneficiaries of the enforceable right to
housing;
(d)
The expansion of the application of the direct payment mechanism under Act
No. 2016-41 of 26 January 2016;
(e)
The launch of the action plan “Let Us All Join Forces to Overcome School
Dropout”, which is aimed at halving the number of school dropouts by 2017 and helping
those who have dropped out to return to school;
(f)
The completion of the reform of the asylum system begun in 2013 by means
of the adoption of Act No. 2015-925 of 29 July 2015.
C.
Principal subjects of concern and recommendations
Applicability of the Covenant
5.
While noting with satisfaction that the Court of Cassation of the State party has
invoked provisions of the Covenant in a number of its judgments, the Committee is
concerned by the fact that the Court has ruled that certain provisions of the Covenant are
not applicable and that other courts in the State party have done so as well, including in
respect of some of the provisions found to be admissible by the Court of Cassation. The
Committee also takes note of the criteria established by the Council of State for the
determination of the applicability of the terms of international treaties (art. 2 (1)).
6.
The Committee urges the State party to take steps to ensure that the nation’s
courts apply uniform standards regarding the applicability of the Covenant based on
the jurisprudence of the Court of Cassation and the determination of the Council of
State. In particular, it recommends that judges, lawyers and the general public be
made fully aware of the justiciability of economic, social and cultural rights and of the
possibility of invoking the Covenant in court. The Committee wishes to draw the State
party’s attention to its general comment No. 9 (1998) on the domestic application of
the Covenant at national level.
Development assistance
7.
The Committee finds it regrettable that the level of official development assistance
provided by the State party falls short of the internationally agreed target of 0.7 per cent of
gross national product (GNP). It notes with concern that the due diligence requirements in
the sphere of operations involving the State party’s provision of development assistance,
such as those relating to sustainable development and to the mitigation of environmental
and social risks, do not provide full protection for the rights enshrined in the Covenant (art.
2 (1)).
8.
The Committee recommends that the State party redouble its efforts to raise
the amount of development assistance which it provides to the internationally agreed
level of 0.7 per cent of GNP. It also recommends that the State party develop robust
methodological tools for analysing the impact that operations funded by development
agencies have on the enjoyment of Covenant rights. In addition, it recommends that
the State party include the Covenant in the compliance assessment framework for
those agencies.
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