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minority students, both those of immigrant heritage and those from Gypsy/Traveller
communities. Special measures should be adopted to guarantee the right to education in
mainstream schools for children of Gypsy/Traveller families. Steps should be taken to
protect the right of those children to not be segregated into schools or classes for the
learning impaired when there is no evidence of need.
Inclusion of minority women
91. Women from the various minority groups in France face complex issues and
specific challenges. In addition to discrimination in the fields of education, employment
and housing, they are often confronted with specific challenges relating to family
matters when their immigration status is tied to that of their husband. Divorce
proceedings in foreign courts of certain countries can create problems for the realization
of rights that they might have under French law. These special concerns require targeted
attention and dedicated resources within relevant ministries and local and regional
authorities.
92. The full and effective participation of minority women must be seen as an essential
component of Government and civil society efforts to address their issues. The
establishment of an advisory body to HALDE on minority women’s issues should be
considered as a means of gaining the views and experiences of minority women and
assisting in the planning, design, implementation and evaluation of policies in order to
address their specific issues and concerns.
Promotion of language, religion and cultural rights
93. The independent expert supports calls for France to ratify the European Charter for
Regional or Minority Languages, which provides valuable guidance to all European States
in their treatment of such issues, and for the preservation and promotion of the rich
cultural and language heritage of each State. The Government of France should support
the use of regional and minority languages as a medium of instruction in the early years of
public primary education for students who so request.
94. The independent expert supports the conclusions and recommendations which the
Special Rapporteur on freedom of religion or belief stated in her report on her visit to
France in 2005, namely, that Law 2004-228 of 15 March 2004 on “laïcité” and the
wearing of conspicuous religious symbols in public schools “constitutes a limitation of the
right to manifest a religion or a belief […] and has mainly affected certain religious
minorities, and notably, people of a Muslim background”. The independent expert
supports the Special Rapporteur’s recommendation that the Government should
closely monitor the way that education institutions are implementing the law and adopt
a flexible implementation of the law which would accommodate schoolchildren for whom
the display of religious symbols constitutes an essential and freely chosen element of their
faith.