E/C.12/1/Add.72
page 3
its provisions are not considered directly applicable by some courts of law (e.g. the Conseil
d’Etat), resulting in a dearth of court decisions in which reference is made to the Covenant and
its provisions. The Committee is also concerned about the delegation’s statement that some
economic, social and cultural rights are not justiciable.
14.
The Committee expresses its concern that, along with the reform of official development
aid (ODA) by the State party, ODA as a percentage of gross national product (GNP) has been in
decline since the 1980s.
15.
The Committee expresses its concern about the lack of recognition of minorities in
France. While the French tradition emphasizes the unity of the State and the equality of all
French citizens, and while there is a commitment on the part of the State party to respect and
protect equal rights for all, the Committee is of the opinion that the fact that all individuals are
guaranteed equal rights in the State party and that they are all equal before the law does not mean
that minorities do not have the right to exist and to be protected as such in the State party. The
Committee emphasizes that equality before the law is not always adequate to ensure the equal
enjoyment of human rights, and in particular economic, social and cultural rights, by certain
minority groups in a country.
16.
The Committee is concerned that the State party has not yet changed the minimum age
for marriage for girls (15 years) in the Civil Code to conform with that for boys (18 years),
especially in the light of the delegation’s statement that this discrepancy has not had an actual
impact on the marriage rate, which has demonstrated an increasing average age of marriage for
both sexes.
17.
The Committee is concerned about the increased job insecurity, even under positive
economic conditions, due to, for example, involuntary part-time employment and the risk of
losing employment altogether, which is said to have contributed to an increased rate of suicide
among the population of working age.
18.
The Committee is concerned that the criteria of “representativity” for participation of
trade unions in certain processes such as collective bargaining may tend to exclude smaller and
newer trade unions in favour of the larger and more established ones and therefore may
jeopardize the right of all trade unions to function freely in accordance with article 8 (c) of the
Covenant.
19.
The Committee notes with regret that the State party has not yet ratified International
Labour Organization (ILO) Convention No. 117 on Social Policy (Basic Aims and Standards) of
1962, nor ILO Convention No. 174 on the Prevention of Major Industrial Accidents of 1993.
20.
The Committee is concerned about the problem and extent of homelessness in the State
party, particularly in the urban areas. The Committee is also concerned about the inadequacy of
government policy aimed at the reduction and prevention of homelessness.