E/C.12/FRA/CO/4
(a)
Are unavoidable and fully justified in relation to the totality of the rights
under the Covenant in the light of the State party’s obligation to pursue the full
realization of those rights to the maximum of its available resources;
(b)
Are necessary and proportionate to the situation, i.e., that the adoption
of any other measure, or the failure to adopt any measures, would have an even more
adverse impact on Covenant rights;
(c)
Are not discriminatory and do not have a disproportionate impact on
disadvantaged or marginalized groups.
26.
The Committee draws the State party’s attention to its general comment No. 23
(2016) on the right to just and favourable conditions of work.
Trade union rights
27.
The Committee condemns the reprisals taken against trade union representatives and
observes with concern the shrinking of democratic space for collective bargaining (art. 8).
28.
The Committee urges the State party to adopt effective measures for the
protection of persons involved in trade union activities and for the prevention and
punishment of all forms of reprisal. It also urges the State party to ensure that the
collective bargaining process is effective and to uphold the right to union
representation in accordance with international standards as a means of protecting
workers’ rights in terms of working conditions and social security.
Social vulnerability and the right to social security
29.
While noting that the elimination of stigmatization is one of the principles
underpinning the multi-year plan for poverty reduction and social inclusion, the Committee
finds it regrettable that the plan does not provide for specific measures for removing the
stigma attached to recipients of social assistance benefits, who are among the most
disadvantaged and marginalized segments of the population. It also finds it regrettable that
the line of action focusing on access to rights and minimum social benefits does not provide
for any procedural measures for reducing the high rate of non-utilization of benefits in the
State party. In addition, the Committee is concerned that the residential address requirement
prevents many people living in situations of hardship from receiving benefits (art. 9).
30.
The Committee urges the State party to take the following actions as part of its
implementation of the multi-year plan for poverty reduction and social inclusion:
(a)
Adopt measures designed to change public opinion that tends towards
stigmatizing poverty and recipients of social assistance benefits through awarenessraising campaigns aimed at conveying a rights-based approach to poverty;
(b)
Reassess social security eligibility requirements, procedures and
application processing times with a view to ensuring that they are suitable, reasonable,
proportionate and transparent;
(c)
Determine the non-procedural causes of the high rate of non-utilization
of social benefits and identify corrective actions in consultation with persons living in
situations of hardship and with civil society;
(d)
Guarantee effective access to the various types of social security benefits,
including health-care benefits, in overseas departments and regions and overseas
communities;
(e)
Expedite the adoption of the bill on the elimination of discrimination
against people living in situations of hardship.
6
GE.16-12027