(Translated from French)

COMMITTEE ON THE RIGHTS OF THE CHILD

WRITTEN REPLIES FROM THE GOVERNMENT OF FRANCE TO THE LIST OF ISSUES (CRC/C/Q/FRA/2) TO BE TAKEN UP IN CONNECTION WITH THE CONSIDERATION OF THE SECOND PERIODIC REPORT OF FRANCE (CRC/C/65/Add.26) BY THE COMMITTEE ON THE RIGHTS OF THE CHILD

[Replies received on 30 April 2004]

CRC/C/RESP/60 GE.04-41289 (E) 070604 170604 - 2 -

PART I

A. Data and statistics

A.1 Disaggregated data for the years 2001, 2002 and 2003 on the number and proportion of children under 18

The demographic data presented in the following tables are taken from an evaluation by the National Institute for Statistics and Economic Studies (INSEE) based on the 1999 census. The tables concern the years 2001, 2002 and 2003, respectively; the data for 2001 and 2002 concern metropolitan France, while the data for 2003 include the population of the overseas departments.

Total population by sex, age and marital status at 1 January 2001 (assessment based on the results of the 1999 census)

Male Female Age Year of birth Both sexes Not (years) Total Not married Married Widowed Divorced Total Married Widowed Divorced married 2000 0 771 002 395 087 395 087 0 0 0 375 915 375 915 0 0 0 1999 1 732 370 375 571 375 571 0 0 0 356 799 356 799 0 0 0 1998 2 718 088 366 779 366 779 0 0 0 351 309 351 309 0 0 0 1997 3 714 064 366 572 366 572 0 0 0 347 492 347 492 0 0 0 1996 4 721 919 369 861 369 861 0 0 0 352 058 352 058 0 0 0 1995 5 716 590 366 930 366 930 0 0 0 349 660 349 660 0 0 0 1994 6 703 798 360 210 360 210 0 0 0 343 588 343 588 0 0 0 1993 7 700 239 358 217 358 217 0 0 0 342 022 342 022 0 0 0 1992 8 733 259 375 629 375 629 0 0 0 357 630 357 630 0 0 0 1991 9 750 440 384 506 384 506 0 0 0 365 934 365 934 0 0 0 1990 10 758 323 388 599 388 599 0 0 0 369 724 369 724 0 0 0 1989 11 763 704 390 112 390 112 0 0 0 373 592 373 592 0 0 0 1988 12 767 898 392 815 392 815 0 0 0 375 083 375 083 0 0 0 1987 13 769 884 393 464 393 464 0 0 0 376 420 376 420 0 0 0

1986 14 780 089 398 790 398 790 0 0 0 381 299 381 297 2 0 0 - 3 1985 15 769 066 393 168 393 168 0 0 0 375 898 375 878 20 0 0 1984 16 765 730 390 788 390 788 0 0 0 374 942 374 812 130 0 0 1983 17 754 567 385 373 385 368 5 0 0 369 194 368 807 385 0 2 Total population 59 042 661 28 680 341 14 447 591 12 274 595 617 814 1 340 341 30 362 320 13 134 071 12 154 594 3 236 486 1 837 169

Male Female Both sexes Proportion of persons 0.238925 0.215351 0.226802 between 0 and 17 years of age

Total population by sex, age and marital status at 1 January 2002 (assessment based on the results of the 1999 census)

Age Male Female Year of birth Both sexes (years) Total Not married Married Widowed Divorced Total Not married Married Widowed Divorced 2001 0 766 947 391 954 391 954 0 0 0 374 993 374 993 0 0 0 2000 1 769 534 394 141 394 141 0 0 0 375 393 375 393 0 0 0 1999 2 732 869 375 710 375 710 0 0 0 357 159 357 159 0 0 0 1998 3 719 727 367 565 367 565 0 0 0 352 162 352 162 0 0 0 1997 4 716 149 367 641 367 641 0 0 0 348 508 348 508 0 0 0 1996 5 723 401 370 605 370 605 0 0 0 352 796 352 796 0 0 0 1995 6 718 165 367 747 367 747 0 0 0 350 418 350 418 0 0 0 1994 7 705 460 361 045 361 045 0 0 0 344 415 344 415 0 0 0 1993 8 701 985 359 139 359 139 0 0 0 342 846 342 846 0 0 0 1992 9 735 035 376 571 376 571 0 0 0 358 464 358 464 0 0 0

1991 10 752 445 385 595 385 595 0 0 0 366 850 366 850 0 0 0 - 4 1990 11 760 420 389 695 389 695 0 0 0 370 725 370 725 0 0 0 1989 12 766 029 391 294 391 294 0 0 0 374 735 374 735 0 0 0 1988 13 770 201 394 003 394 003 0 0 0 376 198 376 198 0 0 0 1987 14 772 091 394 517 394 517 0 0 0 377 574 377 572 2 0 0 1986 15 782 317 399 728 399 728 0 0 0 382 589 382 568 21 0 0 1985 16 771 572 394 155 394 155 0 0 0 377 417 377 284 128 2 3 1984 17 767 784 391 588 391 581 7 0 0 376 196 375 746 445 5 0 Total population 59 342 121 28 830 020 14 578 737 12 243 383 621 284 1 386 616 30 512 101 13 264 500 12 122 700 3 233 697 1 891 204

Male Female Both sexes Proportion of persons between 0 and 17 years of age 0.238386 0.214978 0.226350 - 5 -

Total population (metropolitan France) by sex and age at 1 January 2003 (provisional assessment based on the results of the 1999 census)

Year of birth Age Both sexes Male Female (years) 2002 0 759 182 388 661 370 521 2001 1 765 321 390 947 374 374 2000 2 769 936 394 224 375 712 1999 3 734 569 376 524 358 045 1998 4 721 888 368 664 353 224 1997 5 717 802 368 478 349 324 1996 6 725 134 371 502 353 632 1995 7 719 986 368 662 351 324 1994 8 707 379 362 056 345 323 1993 9 703 889 360 156 343 733 1992 10 737 175 377 734 359 441 1991 11 754 693 386 782 367 911 1990 12 762 929 390 985 371 944 1989 13 768 521 392 583 375 938 1988 14 772 560 395 133 377 427 1987 15 774 607 395 617 378 990 1986 16 785 128 400 862 384 266 1985 17 773 947 395 130 378 817 1984 18 769 163 391 792 377 371 Total population 59 625 919 28 972 314 30 653 605

Male Female Both sexes Proportion of persons between 0 0.237630 0.214328 0.225650 and 17 years of age

Total population by sex and age at 1 January 2003, France (metropolitan France and overseas departments) (provisional assessment based on the results of the 1999 census)

Year of birth Age Both sexes Male Female (years) 2002 0 791 822 405 316 386 506 2001 1 797 807 407 494 390 313 2000 2 802 654 411 000 391 654 1999 3 765 465 392 353 373 112 1998 4 750 550 383 361 367 189 1997 5 747 173 383 486 363 687 1996 6 753 904 386 246 367 658 1995 7 748 672 383 373 365 299 - 6 -

Table (continued)

Year of birth Age Both sexes Male Female (years) 1994 8 736 899 377 082 359 817 1993 9 733 587 375 183 358 404 1992 10 768 846 393 937 374 909 1991 11 786 786 402 989 383 797 1990 12 795 535 407 503 388 032 1989 13 801 705 409 343 392 362 1988 14 804 250 411 253 392 997 1987 15 805 369 411 308 394 061 1986 16 815 154 416 071 399 083 1985 17 804 539 410 415 394 124 Total population 61 387 038 29 825 886 31 561 152

(a) Data on budget allocations for education

The budget provisions of the Ministry of Education for pre-primary, primary and secondary education were €52.7 billion in 2002, €54 billion in 2003 and €55.5 billion in 2004.

More than 90 per cent of the budget of the Ministry of Education is made up of allocations for staff. The budget represents nearly 4 per cent of gross domestic product (GDP), while domestic spending on education, including spending from other sources such as other ministries and local authorities (regions, departments and municipalities), amounts to nearly 7 per cent of GDP. The local authorities alone contribute 21 per cent of the spending on education as a result of decentralization legislation, which has given them responsibilities as regards building, maintaining and equipping schools.

(b)-(f) Data on budget allocations for various services for children and families

The data set out in the following table are taken from the social welfare accounts prepared by the Department of Research, Studies, Evaluation and Statistics (DREES) of the Ministry of Social Affairs. They concern metropolitan France and the overseas departments and cast some light on questions 2 (b), (c), (d), (e) and (f). - 7 -

Expenditure on health care for children cannot be distinguished from that for adults in the social welfare accounts. A survey by DREES based on a sample of persons insured with the National Wage-Earners Health Insurance Fund (CNAMTS) provides the following information: in 2001, average expenditure on health care reimbursed by the health insurance fund (excluding the patient’s contribution and overbilling) was estimated at €795 per child between the ages of 0 and 18, making a total of €5,773 million.

In the expenditure listed for combating poverty at the end of the table, the amount allocated specifically for children cannot be identified.

The separate reply to question A.2 (e) provides useful additional information on spending by family allowance funds, which play a fundamental role in implementing family policy.

Welfare benefits, 1999-2002 (in millions of euros)

1999 2000 2001 2002 (figures almost (provisional finalized) figures) Family (excluding support for the poor) 42 157.5 43 033.3 44 587.2 46 423.0 Maternity 4 892.7 5 148.3 5 319.8 5 618.0 Daily allowances 1 874.7 2 019.2 2 093.9 2 201.8 Maternity grant 20.4 21.0 21.2 22.2 Short-term young child allowance (APJE) (as from 794.1 816.2 812.9 874.5 1 January 1996) Replacement allowance 7.3 8.1 11.2 11.7 Birth grant 36.0 37.0 40.0 43.0 Health care 2 160.2 2 246.7 2 340.8 2 464.8 including pharmacy 1.7 1.7 1.7 1.7 Childcare services 5 345.3 5 674.4 6 034.6 6 305.4 Childcare allowance (APE) 2 781.0 2 799.7 2 905.0 2 996.1 Allowance for childcare at home (AGED) 130.5 134.6 128.9 115.5 Assistance for families for employment of an approved 1 534.9 1 694.9 1 871.4 2 065.0 childminder (AFEAMA) Childcare (non-statutory benefits) 403.3 488.1 549.3 528.3 Facilities for young children (crèches, drop-in nurseries) 495.6 557.1 579.9 600.5 Expenditure by local authorities n/a n/a n/a n/a Fiscal expenditure n/a n/a n/a n/a - 8 -

Table (continued)

1999 2000 2001 2002 (figures almost (provisional finalized) figures) Programme for disabled children 310.7 328.7 350.0 387.6 Special education allowance 310.7 328.7 350.0 387.6 Institutions and services for disabled children n/a n/a n/a n/a Family assistance programmes 28 201.4 28 343.7 29 014.5 29 844.1 Family allowances (AF) 11 057.0 10 954.2 11 086.2 11 257.7 Family support allowance (ASF) 869.4 896.4 927.2 955.4 Family salary supplement 2 111.2 2 185.8 2 399.6 2 521.3 Differential allowance 32.4 22.1 21.7 23.2 Family supplement (CF) 1 496.7 1 535.0 1 565.9 1 554.6 Back-to-school allowance (ARS) 1 459.4 1 340.8 1 351.3 1 353.1 Long-term young child allowance (APJE) 1 911.6 1 933.4 1 989.7 1 944.9 Scholarships 2 093.6 2 197.5 2 232.1 2 339.2 Adoption allowance 4.0 4.3 4.1 4.3 Various employer and mutual insurance company benefits 134.7 149.5 159.2 158.7 Various benefits 392.9 385.0 363.2 345.4 Single-parent allowance (API) 707.8 722.5 753.7 787.0 Home help 160.0 179.2 156.0 154.5 Holiday and leisure assistance 539.4 606.8 567.3 561.6 Family help activity 111.6 108.5 95.2 98.6 Assistance from social services and childcare workers in the 141.5 134.2 138.7 143.9 home Non-statutory benefits from social security funds 2 242.5 2 135.4 2 125.5 2 376.8 Clothing allowance 38.0 38.0 39.0 39.0 Family housing allowances (ALF) 2 697.9 2 815.1 3 039.0 3 224.9 Social assistance for children (ASE) 3 407.4 3 538.2 3 868.3 4 267.9 Non-statutory benefits from social security funds 15.4 58.2 78.3 74.9 Social assistance for children 3 392.0 3 480.0 3 790.0 4 193.0 Combating poverty 14 009.3 14 045.5 14 223.4 14 937.1 Income support (RMI) 4 584.6 4 600.3 4 589.9 4 869.1 Individualized rent subsidy (APL) 5 967.0 5 938.9 5 920.7 6 134.0 Social housing allowance (ALS) 3 457.7 3 506.3 3 712.8 3 934.0

- 9 -

(d) Programmes and services for children with disabilities

Care is provided for children and young persons with disabilities by a range of institutions and medical/welfare facilities:

• Medical/welfare early treatment centres (CAMSP): these work with children from 0 to 6 years of age and their families in the early detection of motor, sensory or mental disabilities;

• Medical and educational psychology centres (CMPP): these are involved in the detection and treatment of neuro-psychological problems in children from 3 to 18 years of age (those with psychomotor, speech or learning difficulties) or behavioural problems that can be helped through medical treatment, medical and psychological treatment or medically approved psychotherapy or treatment by an educational psychologist;

• Home care and special education services (SESSAD): in the 15 years during which they have become available throughout France, these services have become indispensable for the educational and social integration of children and young persons. The development of skills and the quality of life of the future adult often depend on the quality of these services, which are called in by the departmental special education commission (CDES);

• Special schools for children and adolescents: A child or an adolescent who is unable to pursue his or her education in school may, on the advice of the CDES, be accepted by a special school (medical-educational institutes (IME), medical-pedagogical institutes (IMP) and medical-educational institutes (IME), medical-pedagogical institutes (IMP) and the medical-occupational institutes (IMP)), by an institute for children with motor impairment (IEM) or by a rehabilitation institute (IR). - 10 -

Improving facilities in France

Institutions and services for disabled children and adolescents are financed from health insurance funding. New measures are planned each year to improve arrangements for the care of disabled persons.

1. Three-year plan for disabled children, adolescents and adults (2001-2003)

The three-year plan provided for a total budget of €123.63 million for health insurance between 2001 and 2003.

A budget of €69.25 million is set aside specifically for children and adolescents, with an additional budget of €47.50 million for children and adults:

• Very severely disabled children (severely mentally disabled children, children with multiple disabilities, etc.): €19.5 million has been allocated to the creation of 572 new places in special schools;

• Home care and special education services (SESSAD): €40.59 million has been allocated to the creation of 3,132 new SESSAD places;

• Medical/welfare early treatment centres (CAMSP): €9.14 million allows 35 CAMSP projects to be funded;

• Autistic children, adolescents and adults: €24.65 million has been allocated to the creation of 952 new places for autistic children and adults;

• Children, adolescents and adults with head injuries or brain damage: €22.86 million has been allocated to the creation of 783 new places for children and adults with head injuries.

2. Approved health-insurance funding for children and adolescents in 2004

With regard to health-insurance funding for 2004, in addition to the €16 million national reserve intended to finance national or supra-regional operations, €46.26 million has been - 11 -

earmarked for the creation of places for disabled children and adolescents (those with multiple disabilities, autistic children and those benefiting under the SESSAD, CAMSP, CMPP and IR programmes), including:

• €18.29 million for the creation of SESSAD places;

• €9.40 million for the creation of places for autistic children and adolescents;

• €7.31 million for the creation of places for severely disabled children and adolescents;

• €11.25 million for the creation of CAMSP, CMPP and IR places.

3. Programmes for the creation of places in institutions and facilities (2005-2007)

The programmes announced by the junior minister for the disabled on 28 January 2004 make the following provision for disabled children and adolescents over the three-year period:

• Financing of 66 CAMSP projects;

• Financing of 66 CMPP projects;

• Financing of 15 projects for autism resource centres;

• Financing of 360 IR places;

• Financing of 750 places in institutions for autistic children and adolescents;

• Financing of 540 places in institutions for severely disabled children and adolescents;

• Financing of 1,250 SESSAD places.

(e) Expenditure on social services by family allowance funds

The social services provided by family allowance funds (CAF) are intended for all families affiliated to the general social security system and more particularly for the families - 12 -

with the heaviest family responsibilities or families in difficulties. They supplement the system of family benefits but account for a minor share of expenditure on families (approximately 5 per cent, as compared with 95 per cent for family benefits).

The CAF social services cover in particular:

• Care of young children;

• Social support;

• Leisure time for children and young people;

• Housing and accommodation;

• Community activities;

• Support for parents.

They consist of:

• Allowances for services paid by the CAF to provider agencies as part payment for the service to the beneficiary;

• Specific social services intended to top up these allowances for services or to follow local guidelines set by the board of directors of each CAF;

• Assistance for investment, particularly for community amenities.

At the national level, the objectives of the National Family Allowance Fund (CNAF) are spelled out in a long-term agreement with the State on objectives and management. At the local level, the CAF draws up a set of guidelines on the social services it provides.

The latest agreement covers the period 2001-2004. It provides for an increase in the national social services fund in order to improve care for young children and leisure activities for children and young people. - 13 -

For the 2002 financial year, spending on social services by the 125 family allowance funds in metropolitan France and the overseas departments amounted to €2.56 billion. This is for the most part financed from the national social services fund, but it is also financed from unallocated working capital and authorized investment expenditure under long-term programmes.

Spending on social services in metropolitan France and in overseas departments, by category, in 2000, 2001 and 2002, as a percentage and in thousands of euros

Spending on social Spending on social Spending on social services in 2000 services in 2001 services in 2002 Amount % of total Amount % of total Amount % of (€000) (€000) (€000) total Care of children up to the age of 6 921 611 38.7 982 440 43.8 1 205 387 47.0 Children’s and families’ leisure 428 960 18.0 457 161 20.4 524 783 20.5 Social support for families 401 089 16.8 406 788 18.2 407 038 16.0 Accommodation and housing 171 812 7.2 158 253 7.1 167 467 6.6 Community activities 208 152 8.7 206 424 9.2 221 600 8.6 Supplementary benefits for 21 742 0.9 16 886 0.8 15 343 0.6 families Various events 16 497 0.7 4 069 0.2 11 215 0.4 Logistics 212 224 8.9 9 059 0.4 7 814 0.3 Total 2 382 087 100 2 241 081 100 2 560 647 100

Source: CNAF, Department of Research, Forecasting and Statistics (DRPS), “Social services financial statistics”.

(f) Support for children living below the poverty line (please also specify the criteria for “poverty” and indicate the number of children living below the poverty line)

The Council for Employment, Income and Social Cohesion (CERC), which was set up in April 2000 under the authority of the Prime Minister, has reached the following conclusions on children from poor families:

• In France, family poverty is primarily the result of parents’ employment-related problems. A couple with children needs one full-time job paying the minimum wage and one part-time job to rise above the official poverty line, and a single-parent family needs one full-time job paying the minimum wage; - 14 -

• Having children exacerbates parents’ employment-related problems: when the children are very young, difficulties in finding and paying for childcare force their mother to give up her job, and when they are older a long gap in the mother’s employment record is an obstacle to her finding a job;

• The families of recently arrived immigrants are badly affected: this makes it all the more necessary to combat discrimination in employment, housing, etc.;

• The total amount of social benefits related to having a child, though substantial, is not sufficient to curb poverty.

It is estimated that 1 million children below the age of 18 are from families living below the poverty line used in official statistics in France. The figure rises to 2 million if the usual European measure of poverty is used, although this is only 20 per cent higher.

(h) Programmes and activities for the prevention of and protection from child abuse and child sexual exploitation and child labour

The Act of 10 July 1989 provides greater protection for children by reaffirming the major role of the departmental authorities in this area and by setting up a telephone hotline for ill-treated children. The Act clearly gives the President of each General Council the overall task of preventing child abuse, identifying and protecting ill-treated children and coordinating all the relevant services. Every department has set up a service to collect information on ill-treated children and to provide an emergency response, in cooperation with the judicial authorities and other State services (the police, schools and hospitals).

Spending on child protection is the top item of departmental expenditure and is regularly increased by a significant amount.

1999 2000 2001 2002 Child Welfare Service (ASE) 3 407.4 3 538.2 3 868.3 4 267.9 (in millions of euros) Non-statutory benefits from social 15.4 58.2 78.3 74.9 security funds Accommodation for children 3 052.0 3 118.0 3 371.0 3 763.0 Youth workers working with 340.0 362.0 419.0 430.0 families

- 15 -

The National Child Abuse Hotline (“Allô enfance maltraitée”, reached by dialling 119), which was set up in 1989, is a free 24-hour service in operation 365 days a year. Its number must be displayed in places that admit children, and it receives 5,000 calls a day on average.

The hotline’s operating budget is €2,839,690, half of which is funded by the State and half by the departments. Since 2003, the hotline has been classed as a nationwide emergency number, so that equal treatment for users is guaranteed regardless of the telephone company, type of telephone used the place from which the call is made (in metropolitan France or an overseas department), and the calls are processed free of charge.

In 2002, the Ministry of the Family and Children launched an information and awareness-raising campaign on the prevention of child sexual abuse. At the heart of the campaign were three public service infomercials broadcast for a fortnight on television and later in cinemas. The broadcasting of the first of these led to a flood of calls to the hotline: the number of calls rose from 5,000-6,000 to 10,000-12,000 a day.

In addition, the Act of 6 March 2000 on strengthening the role of schools in the prevention and detection of acts of child abuse stipulates that at least one annual information and awareness-raising session on child abuse must be included in pupils’ timetables in primary and secondary schools. These sessions, which are organized by head teachers and principals, involve families and all staff, as well as public services, local authorities and child protection associations. In 2001, 12,851 such events were organized for 328,960 pupils and 8,394 adults. However, it is not possible to determine the specific budgetary cost of this measure.

At the same time, stiffer punishments have been introduced for abuse: the Act of 4 March 2002 made the prostitution of a minor a crime punishable by up to seven years’ imprisonment and a fine of €100,000. In order to combat sex tourism, this punishment is also applicable to acts committed abroad by a French person or by a person normally resident in French territory.

The Act of 2 January 2004 on childcare and protection strengthened controls on school attendance and measures to combat illegal work by school-age children. The Labour Code was amended to combat undeclared work by school-age children more effectively: the penalties incurred are now five years’ imprisonment and a fine of €75,000. - 16 -

(i) Juvenile justice

The budget of the Ministry of Justice accounts for 1.86 per cent of the State budget, and the budget for the legal protection service for young persons 11.11 per cent of the Ministry’s budget.

A.3 With reference to children deprived of a family environment and separated from parents, please provide disaggregated data (by gender, age groups, minority and ethnic groups, urban and rural areas) for the last three years on the number of them who have been:

(a) Separated from their parents

As there are many reasons why children may be separated from their parents (placement in institutions or foster families, long-stay hospitalization, etc.), it is not possible to give an overall figure.

(b) Placed in institutions

The number of children placed in institutions fell between 2001 and 2002 to 41,600. In 2002, the establishments concerned were mainly homes for children with social problems.

Placement in institutions, 2002

Metropolitan France Overseas departments France as a whole Special school 1 963 44 2 007 Home for children with 25 978 683 26 661 social problems Children’s home 8 131 229 8 360 Home for infants 1 464 73 1 537 Health institution 811 11 822 Sheltered home 2 167 28 2 195 All institutions 40 514 1 068 41 582

Source: DREES, “Social assistance survey”. - 17 -

Placement in institutions

2000 2001 2002 Metropolitan France 41 370 41 737 40 514 Overseas departments 1 436 1 251 1 068 France as a whole 42 806 42 988 41 582

Source: DREES, “Social assistance survey”.

(c) Placed with foster families

Almost 64,200 children entrusted to the Child Welfare Service were taken in by foster families in 2002, slightly less than in 2001.

Placement in foster families

2000 2001 2002 Metropolitan France 58 962 61 120 61 359 Overseas departments 3 173 3 239 2 801 France as a whole 62 135 64 359 64 160

Source: DREES, “Social assistance survey”.

(d) Adopted domestically or through intercountry adoptions

1999 2000 2001 2002 2003 No. of wards of the State adopted 1 133 n/a 1 195 n/a n/a No. of foreign children adopted 3 597 2 971 3 094 3 551 3 998

Source: Department of Social Services (DGAS), national survey on the situation of wards of the State, statistics from the Ministry of Foreign Affairs, Task Force on International Adoption (MAI).

The 1,195 wards of the State who were adopted in 2001 fell into the following age groups:

Under 2 years of age 792 Between 2 and 6 years of age 186 Between 6 and 12 years of age 176 Over 12 years of age 41

- 18 -

Trends in international adoption, 1980-2003

Year

Year

Trends in international adoption, 1980-2003

Number of countries of origin of adopted children, 1980-2003

No. of countries of origin origin of of No. countries

Year

- 19 -

Trends in international adoption by continent, 1998-2003

AMERICA EUROPE ASIA AFRICA TOTAL

ÁFRICA AMERICA AMERICA ÁFRICA

ASIA EUROPE ASIA EUROPE

AMERICA AMERICA ÁFRICA ÁFRICA

EUROPE ASIA ASIA EUROPE

ÁFRICA AMERICA ÁFRICA AMERICA

ASIA EUROPE ASIA EUROPE - 20 -

International adoptions, 2002 and 2003: individuals/accredited adoption agencies

International adoptions, 2003: individuals/accredited adoption agencies

Adoptions through accredited adoption agencies

Adoptions by individuals

International adoptions, 2002: individuals/accredited adoption agencies

Adoptions through accredited adoption agencies

Adoptions by individuals - 21 -

International adoptions, 2003 (Hague Convention countries/non-Hague Convention countries)

No. of visas granted, Hague Convention countries

No. of visas granted, non-Hague Convention countries

Number of adoptions through accredited adoption agencies, 2003

- 22 -

Countries in which over 20 visas were granted, 2003

Poland Country TOTAL Haiti 542 Cameroon China 360 Tunisia Russian Federation 333 Togo Madagascar 325 Colombia* 276 India Guatemala 247 Bolivia Viet Nam 234 Congo Bulgaria 230 Nepal Ethiopia 217 Ukraine 141 Lithuania Mali 132 Rep. of Korea Brasil 103 Latvia Thailand 83 Burkina Faso 60 Djibouti Cambodia 60 Cambodia Djibouti 58 Burkina Faso Latvia 50 Republic of Korea 46 Thailand Lithuania 41 Brazil Nepal 38 Mali Congo 38 Bolivia 33 Ukraine India 23 Ethiopia Togo 23 Bulgaria Tunisia 23 Viet Nam Cameroon 21 Poland 21 Guatemala TOTAL 3.758 Colombia Madagascar *Highlighted: Hague Convention Russian Fed. countries China Haiti

(e) Migrant unaccompanied minors

A study carried out by Angelina Etiemble with the Quest’us consultancy (a sociological studies and research association) in 2002 reported a growing number of foreign migrant unaccompanied minors entering French territory by various means: a total of around 2,000 were taken care of by the child welfare services in 2001, 1,800 were recorded as having been given court protection and 2,700 appeared before prosecutors. Many of them had arrived by air: the waiting area at Roissy airport registered 1,400 of them in 2001.

The destination countries are distributed throughout Europe and the young people come from 75 countries, of which 5 stand out: Romania (17 per cent of the total), China (13 per cent), Morocco (11 per cent), Albania (7 per cent) and Congo (6.5 per cent). Although the youngsters’ destination in France may be one of 50 departments, half of them head for the Paris region. - 23 -

The phenomenon is on the rise. In the three departments most affected - Paris, Seine-Saint-Denis and Nord - the number of foreign unaccompanied minors taken care of was 609 in 1999, 985 in 2000 and 1,974 in 2001.

The study draws a distinction between different categories of minors according to the reasons behind their journey: “exiles”, whose country is at war or in the throes of ethnic conflict; “children following instructions” who have been sent by their parents to escape poverty; “exploited children”, who fall into the hands of traffickers, with or without their parents’ consent; “runaways”, who are leaving behind a cruel family or an orphanage; and “wanderers”, who already lived on the streets in their country of origin.

Around 40 per cent of the minors concerned are 15 or 16 years of age: three quarters of them are 15 or over, and 80 per cent of them are boys.

A.4 Disaggregated data for 2001, 2002 and 2003 on the number of children with disabilities

(a) Living with their families

It must be noted from the outset that it is impossible to give a direct answer to the question “How many children with disabilities are there in France?”, since being disabled is not a clear-cut concept nor one which is easy to quantify. Disability concerns the interaction between a person who has impairments or limitations in performing activities and his or her social and physical environment, which may hinder or facilitate his or her participation in all walks of life. As a result, several approaches must be combined in order to identify the population concerned.

Disability, impairment and dependence survey: questioning people directly

A survey on disability, impairment and dependence was conducted among people living at home in 1999 and those living in institutions in 1998. It should be noted that only institutions providing accommodation were surveyed, including psychiatric hospitals and institutions for the disabled. One third of the children under 16 years of age replied to the survey. - 24 -

The question “Do you encounter physical, sensory, intellectual or mental difficulties in your everyday life (as the result of, for example, an accident, chronic illness, birth defect, disability or ageing)?” makes it possible to determine the existence of an impairment, in the sense of a total or partial absence or malfunctioning of an organ or function. However, this is a concept which does not strictly speaking include the notion of severity: the severity of lesions or deficiencies is generally not know. An impairment may therefore be more or less disabling, or sometimes not at all.

The number of children aged between 0 and 19 living at home (in metropolitan France) is estimated to be 14,771,000 - 7,286,000 under the age of 10 and 7,485,000 between the ages of 10 and 19. Seventy-four per cent of them say they have no impairment. The most prevalent impairments are intellectual or mental (such as mental retardation, learning difficulties, behavioural, personality and interpersonal problems, moodiness, depression or epilepsy). They are more frequent among boys. The next most common are impairments of the internal organs or metabolic impairments, followed by sensory and motor impairments.

Table 1

Prevalence of impairments among children by age and sex (children living at home)

Motor Visual HearingSpeech Internal Intellectual Other organs or or mental metabolic 0-9 years Boy 0.5 1.2 0.3 2.5 6.5 11.0 0.1 Girl 1.3 1.5 0.2 4.6 5.0 8.6 0.2 Both sexes 0.9 1.4 0.2 3.5 5.8 9.8 0.1 10-19 years Boy 1.3 5.0 2.7 1.9 8.7 15.8 3.2 Girl 5.3 2.3 2.4 1.5 10.0 13.2 3.5 Both sexes 3.3 3.7 2.5 1.7 9.3 14.5 3.3

Source: Disability, impairment and dependence survey, 1999, INSEE Results No. 6; note that one person may have several impairments.

Administrative sources: a complementary approach

Young people who receive any of the allowances provided by the departmental special education commissions (CDES) are recognized for legal and administrative purposes as “disabled”. - 25 -

A family may apply for the special education allowance (AES) if their child is legally recognized as having a degree of disability higher than 80 per cent, or between 50 and 80 per cent if the child benefits from special educational arrangements (even if the child does not attend a specialized institution). The CDES determine the degree of disability, which of course is reviewed on a regular basis to take account of any change in the child’s situation, which may sometimes worsen or improve.

(b) In institutions

The number of children and adolescents cared for in institutions and by medical/welfare centres was around 130,000 at the end of 2001. This figure is the result of a statistical survey conducted by DREES among all institutions and medical/welfare centres in metropolitan France and the overseas departments. The survey is carried out periodically: the last two date from 1995 and 2001. As at 31 December 2001, 96 per cent of these children and adolescents were under the age of 20: 5 per cent were under 6, 28 per cent were between 6 and 10, 39 per cent between 11 and 15, and 24 per cent between 16 and 19. Of the children and adolescents cared for by these institutions, 62 per cent return to their families and 5 per cent to foster families in the evening. One third of them are boarders.

Boys represent 63 per cent of the population of these institutions and centres.

As at 31 December 2001, 55 per cent of the children and adolescents (aged 6 to 20 and older) cared for in medical/welfare institutions attended school full-time at the institution concerned, while 19 per cent attended a State school on a full-time basis and 4 per cent on a part-time basis; 22 per cent did not attend school. These percentages vary according to the age group concerned.

Not attending Full-time in Part-time in Full-time in Total school special school State school State school 6-10 years 21 42 6 31 100 11-15 years 17 61 4 18 100 16-19 years 27 61 2 10 100 20 years and older 58 32 1 9 100 All children and 22 55 4 19 100 adolescents

Source: 2001 DREES statistical survey (covering the whole of France). - 26 -

(c) and (d) Attending regular and/or special schools

It is not easy to estimate the number of “disabled” students attending school full time or part time. The difficulty lies in the first instance in the concept of disability itself, as referred to earlier, since many young people who have disabling diseases are not legally recognized as being disabled even though they require special arrangements for their schooling.

The difficulty also lies in the different types of schooling. For example, among the students integrated into mainstream education on an individual basis:

• Some students who are integrated on a part-time basis also attend a special school and may be counted twice;

• Others who are integrated on a full-time basis in “normal” classes are simply not taken into account at all.

With regard to their integration in other group arrangements (special needs classes at primary level (CLIS) and special needs units at secondary level (UPI)), the types of schooling also vary and may, depending on individual requirements, be combined with attendance in mainstream classes or special classes. For this reason, traditional surveys which record the number of students in special classes do not allow account to be taken of the very rapid changes in types of schooling.

(e) Not attending any school

Please see the relevant parts of (b) above, on children and adolescents in medical/welfare institutions who are not attending any school.

With regard to disabled children and adolescents who are not cared for in medical/welfare institutions, there is no reliable information available on their non-attendance at school. Nevertheless, it may be estimated that between 5,000 and 14,000 children living at home whose case has been reviewed by the departmental special education commissions have never attended school. It should be noted that an overall estimate of the number of children not attending school cannot be given since some children living at home may attend institutions during the day. - 27 -

Information concerning the mechanism for integrating disabled young people into mainstream education

An administrative survey conducted in January 2003 provided a fairly accurate picture of the situation of disabled pupils in State schools in metropolitan France and the overseas departments. Since it was conducted using a new method, it cannot be compared with previous surveys conducted using very different methods.

Primary level (State schools)

The survey found that:

• Approximately 30,000 pupils were integrated on an individual basis in State-run nursery or primary schools;

• Approximately 37,000 pupils were attending special needs classes (CLIS) in the State education system:

CLIS 1: children with major cognitive problems: 34,019

CLIS 2: children with a serious hearing impairment or those who are deaf: 898

CLIS 3: children with a serious visual impairment or those who are blind: 645

CLIS 4: children with a motor impairment or disabling disease: 1,183

That is, 36,745 students were attending these special needs classes.

Secondary level (State schools)

• Slightly over 15,000 pupils were integrated individually into State-run schools;

• Slightly over 4,000 pupils were in special needs units (UPI) in State schools:

UPI 1: young persons with major cognitive problems: 3,177

UPI 2: young persons with a serious hearing impairment or those who are deaf: 362 - 28 -

UPI 3: young persons with a serious visual impairment or those who are blind: 133

UPI 4: young persons with a motor impairment or disabling disease: 370

That is, 4,042 students were attending these special needs units.

A.5 Data on number of children abducted from or to France

The Bureau for International Cooperation in Civil and Commercial Matters, the central authority responsible for implementing agreements on mutual assistance in family matters, is working on 647 cases of international family disputes. They may concern the illicit transfer of children (to or from France) or disputes over cross-border visiting rights, where one of the parents feels deprived of contact with his or her child after the child has been taken abroad, lawfully or otherwise, by the other parent.

France is the requesting authority (requesting the return of children to France and visiting rights for the parent who is a French national or residing in France) in approximately three fifths of cases dealt with by the Bureau for International Cooperation in Civil and Commercial Matters.

In 2003, the Bureau received 322 requests for cooperation in the field of family law: of these, 253 were requests for the return of children who had been unlawfully transferred and 69 were requests for cross-border visits to be arranged. The number of new cases is relatively stable: in 2002, there were 340 requests, of which 263 were requests for the return of children who had been unlawfully transferred and 77 were requests for cross-border visits to be arranged.

The reason for the sizeable increase in the number of cases under consideration is the difficulty in handling such cases, which in some instances takes several years.

Cases under consideration:

March 2004: 647

January 2003: 585

January 2002: 449 - 29 -

Statistics from the Department of Criminal Affairs and Pardons (DACG) show only the number of convictions. It is not possible to determine the number of minors abducted.

A.6 With reference to child abuse, disaggregated data for the years 2001, 2002 and 2003 on reports which have resulted in either a court decision or other types of follow-up

Quantitative evaluation of mistreatment of children is currently carried out on the basis of reports of abused children, which are transmitted to the general councils as part of their child-protection function.

Trends in reports of abused children between 2000 and 2002

Year 2000 2001 2002 Abused children 18 300 18 000 18 500

Although on the whole the figures for abuse seem to have stabilized, the trend differs according to the type of abuse.

Trends in types of ill-treatment between 2000 and 2002

Year 2000 2001 2002 Physical violence 6 600 5 800 5 600 Sexual abuse 5 500 5 900 5 900 Gross negligence 4 800 4 700 5 000 Psychological cruelty 1 400 1 600 2 000 Total number of abused children 18 300 18 000 18 500

Source: National Observatory for Decentralized Social Services (ODAS).

Over the last three years there has been a significant decrease in the number of reports of physical violence. This can be seen as a tangible result of the increasing number of awareness-raising campaigns carried out during this period. On the other hand, there has been an increase in the number of cases of psychological cruelty.

To date it has not been possible to ascertain the number and percentage of reports that have resulted in court decisions in the country as a whole, since the statistics in the reports received by the general councils and by State services and those on court decisions taken in the light of the reports have not yet been harmonized. Statistical harmonization is one of the priorities of the National Observatory for Children at Risk that has just been set up (see B.5). - 30 -

Number of convictions for child abuse

The tables below give the figures for each type of offence. It should be pointed out that if the parents are involved in the offences committed or if they take no interest in the legal proceedings, an ad hoc administrator must be appointed.

This is provided for in articles 706-50 and 706-51 and R-53 et seq. of the Code of Criminal Procedure. Any judge may make the appointment at any stage of the proceedings.

Moreover, associations whose purposes include combating sexual or domestic violence, or defending or assisting children who are victims of it, may exercise the rights of a private party associating itself with the prosecution and may assist the victims pursuant to articles 2-2 and 2-3 of the Code of Criminal Procedure.

Procuring

NATINF Type of Description 2000 2001 2002 classification infringement No. 1654 Offence Aggravated procuring: under age 7 12 15 victim 23339 Crime Aggravated procuring: victim under 0 0 1 15 years of age

Rape of a minor

NATINF Type of Description 2000 2001 2002 classification infringement No. 1117 Crime Rape of a minor under 15 years 494 474 426 of age 1120 Crime Rape committed by an older relative 86 95 103 or person with authority over the victim

Source: DACG, Studies and Evaluation Unit. - 31 -

Sexual assault on a minor

NATINF Type of Description 2000 2001 2002 classification infringement No. 1125 Offence Sexual assault by an older relative or 189 162 162 person in a position of authority 1130 Offence Sexual assault on a minor under 1 804 1 686 1 800 15 years of age 11500 Offence Sexual assault on a minor under 7 1 9 15 years of age causing injury or lesion 11502 Offence Sexual assault on a minor under 1 286 1 290 1 405 15 years of age by an older relative or person in a position of authority 11503 Offence Sexual assault on a vulnerable 27 20 27 person by an older relative or person in a position of authority 11504 Offence Sexual assault on a minor under 25 19 25 15 years of age by a person abusing a position of authority 11506 Offence Sexual assault on a minor under 77 98 99 15 years of age by a gang 11508 Offence Armed sexual assault on a minor 10 5 18 under 15 years of age

Source: DACG, Studies and Evaluation Unit.

Ill-treatment, violence against a minor

NATINF Type of Description 2000 2001 2002 classification infringement No. 7184 Offence Violence against a minor under 15 708 693 579 7185 Offence Violence against a minor under 15 121 87 107 7186 Crime Violence against a minor under 15 0 0 6 7188 Offence Violence against a minor under 91 111 127 15 years of age by an older relative or person in a position of authority resulting in invalidity for more than 8 days 7189 Crime Violence against a minor under 2 4 5 15 years of age by an older relative or person in a position of authority resulting in permanent disability

- 32 -

Table (continued)

NATINF Type of Description 2000 2001 2002 classification infringement No. 7194 Offence Habitual violence against a minor 151 131 154 under 15 years of age resulting in invalidity for 8 days or less 7195 Offence Habitual violence against a minor 18 20 28 under 15 years of age resulting in invalidity for more than 8 days 7196 Crime Habitual violence against a minor 0 0 1 under 15 years of age resulting in permanent disfigurement or disability 10879 Offence Violence against a minor under 380 332 276 15 years of age by an older relative or person with authority over the victim resulting in invalidity for up to 8 days 10880 Offence Deprivation of care or food thereby 27 18 11 endangering the health of a minor under 15 years of age by an older relative or person in a position of authority 11539 Crime Apprehension, abduction, 1 3 0 confinement or arbitrary detention of a minor under 15 years of age 11541 Crime Apprehension, abduction, 1 0 0 confinement or arbitrary detention of a minor under 15 years of age by an organized gang 11542 Crime Apprehension, abduction, 1 0 0 confinement or arbitrary detention of a minor hostage under 15 years of age to facilitate a crime or offence 11593 Crime Apprehension, abduction, 1 1 0 confinement or arbitrary detention of several minors under 15 years of age 20408 Offence Administration of a harmful 1 2 0 substance to a minor under 15 years of age resulting in invalidity for more than 8 days 20409 Offence Administration of a harmful 1 1 1 substance to a minor under 15 years of age resulting in invalidity for up to 8 days - 33 -

Table (continued)

NATINF Type of Description 2000 2001 2002 classification infringement No. 20682 Crime Torture or barbarous acts committed 1 1 0 against a minor under 15 years of age 20699 Crime Torture or barbarous acts committed 0 5 2 against a minor under 15 years of age by an older relative or person with authority over the victim 20724 Offence Violence against a minor under 125 151 226 15 years of age without causing disability 20741 Offence Violence against a minor under 105 97 166 15 years of age by an older relative or person with authority over the victim without causing disability 20904 Offence Administration of a harmful 3 3 1 substance to a minor under 15 years of age by an older relative or person with authority over the victim resulting in invalidity for up to 8 days 20975 Offence Administration of a harmful 0 1 2 substance to a minor under 15 years of age by an older relative or person in a position of authority resulting in invalidity for more than 8 days 21031 Offence Violence against a minor under 1 1 0 15 years of age resulting in invalidity for up to 8 days during a demonstration on a public thoroughfare 21044 Offence Violence against a minor under 0 1 0 15 years of age without causing invalidity during a demonstration on a public thoroughfare 21071 Offence Violence against a minor under 1 0 0 15 years of age during a sporting event resulting in invalidity for up to 8 days 1128 Offence Sexual abuse of a minor under 341 328 328 15 years of age by an adult - 34 -

Table (continued)

NATINF Type of Description 2000 2001 2002 classification infringement No. 1131 Offence Sexual abuse of a minor under 239 238 243 15 years of age by an older relative or person in a position of authority 1132 Offence Sexual abuse of a minor under 15 13 13 15 years of age by a gang 1133 Offence Sexual abuse of a minor under 9 8 11 15 years of age by a person abusing a position of authority 1134 Offence Sexual abuse of a minor over 15 27 20 29 years of age by an older relative or person in a position of authority 1135 Offence Sexual abuse of a minor over 8 8 13 15 years of age by a person abusing a position of authority 7860 Offence Corruption of a minor under 151 135 137 15 years of age 10496 Offence Corruption of a minor under 35 35 41 18 years of age 21548 Offence Sexual abuse of a minor under 4 5 10 15 years of age by an adult in return for payment 21697 Offence Sexual abuse of a minor under 1 0 0 15 years of age by an adult put in contact with the victim through a telecommunications network 21698 Offence Capturing a pornographic image of a 17 11 22 minor with a view to its dissemination 21699 Offence Transmitting a pornographic image 0 5 2 of a minor with a view to its dissemination 21700 Offence Disseminating a pornographic image 15 8 17 of a minor 21701 Offence Exporting a pornographic image of a 0 1 0 minor 21702 Offence Importing a pornographic image of a 1 0 7 minor 21703 Offence Disseminating a pornographic image 3 16 10 of a minor using a telecommunications network - 35 -

Table (concluded)

NATINF Type of Description 2000 2001 2002 classification infringement No. 21704 Offence Corruption of a minor in or around a 0 0 1 school as pupils are entering or leaving the premises 21705 Offence Corruption of a minor by a person 0 1 1 put in contact with the victim through a telecommunications network 23337 Offence Possession of a pornographic image 0 0 4 of a minor 23364 Offence Prostitution of a minor: soliciting, 0 0 6 accepting or obtaining sexual relations in return for payment or the promise of payment 23368 Offence Prostitution of a minor aged between 0 0 1 15 and 18: soliciting, accepting or obtaining sexual relations in return for payment or the promise of payment by a person abusing a position of authority

Source: DACG, Studies and Evaluation Unit.

Neglect of minors

NATINF Type of Description 2000 2001 2002 classification infringement No. 7857 Offence Failure to comply with legal 131 119 77 obligation thereby endangering the health, safety, morality or education of children 10599 Offence Abandonment of a minor under 13 12 5 15 years of age thereby endangering the child’s health or safety

Source: DACG, Studies and Evaluation Unit. - 36 -

A.7 Please provide disaggregated data (by gender, age groups, minority and ethnic groups, urban and rural areas) for the years 2001, 2002 and 2003 on: (a) the enrolment and completion rates in percentages of the relevant groups in pre-primary schools, in primary schools and in secondary schools; (b) the number and percentage of dropouts and repetitions; (c) the ratio of teachers to students

(a) Enrolment and completion rates

Pre-school education begins at the age of 2: one third of children go to school at this age. The enrolment rate for children in the 3-5 age group is 100 per cent.

Since the beginning of the 2003/04 school year, priority has again been given to the quality of French language courses from the nursery-school stage onwards, in the priority education areas and networks, in order to counter learning difficulties and draw up “success contracts”. This focus on language development explains the rationale behind enrolling children from the age of 2 in nursery schools in the aforementioned areas and networks.

In primary schools, which all children attend, teachers are offered a diagnostic tool for assessing French-language and mathematical ability in order to help them measure achievement and pinpoint any difficulties that students may face at the beginning of fourth grade.

Assessments designed to gather general information on students’ progress are conducted at the end of the primary school stage (sixth grade). These assessments show that overall student performance has remained constant, while more and more pupils are reaching the required levels at an increasingly young age thanks to the implementation of educational policies that have lowered repeat rates and made for smoother progress by pupils through the school system.

At the secondary stage, the brevet des collèges (the middle school certificate) is a national diploma that certifies the completion of the first cycle of secondary education, while the baccalaureate certifies the completion of the second cycle of secondary education at the lycée.

The pass rate for the brevet is stable, at almost 80 per cent. - 37 -

As for the baccalaureate, taking all types together (the general, technical and vocational baccalaureates), the pass rate was 78.6 per cent in 2001 and 2002. In 2003, it reached 80.1 per cent for the first time. Girls do better than boys (in 2001, 80.9 per cent passed as against 76.1 per cent of boys; in 2002, 81 per cent as against 75.8 per cent; and in 2003, 82.3 per cent as against 77.6 per cent).

(b) Repeat and dropout rates

Since the introduction of cycles into primary education, there has been a significant drop in the numbers of pupils falling behind, to no more than one pupil in five. At middle school, the repeat rates have declined steadily in the last three school years, hovering close to 9 per cent in seventh grade (the first year of middle school). During the same period, the repeat rate in tenth grade (the last year of middle school) was close to 7 per cent. Repeating a year is less and less seen as a solution to learning difficulties. The earlier a student repeats a school year (at the primary level), the more likely he or she is to do poorly later.

In the lycée, by contrast, repetition often serves a useful purpose; 79 per cent of students who repeat a school year at this level go on to pass their baccalaureate. For the past three school years, the repeat rate has been approximately 16 per cent in the first year of the lycée (eleventh grade), around 8 per cent in twelfth grade, and 13 per cent in thirteenth grade. Almost two thirds of students complete the second cycle of secondary education without repeating a year, and girls repeat less often than boys at the lycée stage. As for those who drop out of school, around 150,000 students (i.e. 20 per cent of school leavers), who already have their brevet, leave school without one of the diplomas that certify completion of the second cycle of secondary education.

The 20 per cent of students who leave school without such a diploma can be subdivided into two groups: one group consists of young people who completed the syllabus but did not pass the diploma; a second group, of about 60,000 students, consists of school leavers who did not complete the syllabus for the second cycle of secondary education. - 38 -

(c) Ratio of teachers to students

The average number of students per teacher is 18.6 in primary education, 22.6 in the first cycle of secondary education (middle school), 15.7 in vocational secondary education, and 23.1 in general and technical secondary education.

A.8 Data on infant and child mortality, early pregnancy, youth suicide and drug, alcohol and tobacco use for the years 2001, 2002 and 2003

Infant and child mortality

The only data available are for 2001:

Male infant mortality rate 5.0 per 1,000

Female infant mortality rate 3.9 per 1,000

Male child mortality rate (1-4 years) 1.1 per 1,000

Female child mortality rate 0.9 per 1,000

Early pregnancies

The figures for girls under 18 years of age are as follows: 3,178 births and 10,153 abortions (Source: DREES).

Youth suicide

Suicide is a public health problem among young people in France in the 15-24 age group. It is the second cause of death in this age group, accounting for 15 per cent of the mortality rate. The youth suicide mortality rate in France is the fourth highest in Europe, after Austria, Finland and Sweden.

The National Institute of Health and Medical Research (INSERM) does not carry out statistical studies of suicide mortality rates among persons under 15 years of age, since suicide is regarded as non-existent before the age of 10 and very rare between the ages of 10 and 15. - 39 -

All the statistical studies therefore focus on the 15-24 age group and do not include data for the French overseas departments and territories, as their records of causes of death are unreliable in this regard.

Three particular features characterize the risk of death by suicide among young people:

• The risk (in 1999) was 3.6 times higher among young men in this age group and increases sharply after the age of 19;

• There are marked regional differences in metropolitan France: the suicide mortality rate is highest in the north-east of the country and in Brittany;

• The risk is declining relatively slowly (a 20 per cent fall between 1990 and 1997), and more steadily among young women than young men.

Deaths by suicide in the 10-24 age group

Male Female No. of deaths Ratea No. of deaths Ratea Age 10-14 15-19 20-24 10-14 15-19 20-24 10-14 15-19 20-24 10-14 15-19 20-24 1994 15 148 515 0.7 7.7 23.6 6 49 122 0.3 2.6 5.7 1995 22 151 471 1.1 7.7 22.2 6 51 130 0.3 2.7 6.3 1996 17 144 375 0.9 7.2 18.4 2 48 117 0.1 2.5 5.9 1997 12 145 389 0.6 7.2 19.7 11 60 107 0.6 3.1 5.6 1998 10 159 364 0.5 7.9 18.8 9 51 89 0.5 2.6 4.7 1999 21 150 327 1.1 7.5 17.4 9 48 79 0.5 2.5 4.3

Source: INSERM

a Gross mortality rate by age per 100,000.

Information on tobacco and alcohol use

The following data are taken from the 2000 Health Barometer, a survey conducted by the French Health Education Committee (CFES), which in 2001 became the National Institute for Prevention and Health Education (INPES). - 40 -

Alcohol

Among 12-19-year-olds, the daily consumption of alcohol is virtually non-existent. However, 20.9 per cent of 12-19-year-olds drink alcohol at least once a month, there being no difference between boys and girls. Thirty-five per cent of 12-19-year-olds drink occasionally; this group includes more girls (41.4 per cent as compared with 29.1 per cent of boys).

Among 15-19-year-olds, there is a close link between age and gender and the consumption of alcohol at least once a week. The fact that a person is in full-time education does not appear to be a discriminant factor. If one looks only at young people in full-time education, the effects of gender and age remain constant, while the type of course seems to be a discriminant: relatively fewer students in vocational education declare that they consume alcohol at least once a week as compared with those in general and technical education.

Young people who take part in a large number of group activities are more likely to drink. Those who do drink seem more inclined to talk to their parents about the subjects that worry them than non-drinkers. As an indicator of malaise, there is a significant link between attempted suicides by young people and the frequent consumption of alcohol. On the other hand, most of the items relating to family structure, school environment and the individual’s environment, personal attitudes or lifestyle are not discriminant factors.

Young people primarily consume beer. Both boys and girls begin to experiment with beer between the ages of 12 and 14: one quarter of young people of this age have already drunk beer. Some young people between the ages of 15 and 19 (14.2 per cent of boys and 8.6 per cent of girls) also consume strong liquor.

Among 15-19-year-olds, repeated episodes of drunkenness are twice as common among boys (15.2 per cent as compared with 7.1 per cent for girls) and become more frequent with age. Repeated drunkenness is not associated with whether or not a person is in full-time education, any more than with the type of course taken by students. On the other hand, young people who declare that they have been repeatedly drunk also regularly consume tobacco and, more especially, cannabis during the year. - 41 -

The percentage of non-drinkers declines with age (16.9 per cent at 12-14 years of age and 7.4 per cent at 15-19 years of age). Among 15-19-year-olds, the key sociodemographic factors most closely associated with abstinence are age, declared religious affiliation, level of academic qualification and current and past tobacco use.

With regard to behavioural trends, comparisons could be drawn with the 1997/1998 Youth Health Barometer. The comparison shows that there is very little variation in the consumption and drunkenness indicators for 12-19-year-olds. A high degree of stability in youth consumption patterns can be observed.

Tobacco

Some 36.7 per cent of young people between 12 and 25 years of age declare that they smoke, even if only occasionally. However, this figure belies a huge disparity between the youngest and the oldest in this age group: the level of tobacco consumption increases from 8.5 per cent among 12-14-year-olds to 40.9 per cent among 15-19-year-olds, and reaches a peak of 47.6 per cent among 20-25-year-olds.

The number of girls aged between 12 and 14 who admit to smoking is significantly higher than the figure for boys of the same age: 11.6 per cent of girls as compared with 5.3 per cent of boys. Among 15-19-year olds, the difference is not significant.

Among 16-18-year-olds, there is a correlation between smoking and not attending school. In this age group, 38.4 per cent of young people in full-time education declare that they smoke, as compared with 66.1 per cent of those who no longer attend school.

There appears to be a link between a young person’s family structure and whether or not he or she smokes. There are significantly fewer smokers among young people from nuclear families than others. However, among 15-19-year-olds, there is little difference between those who no longer have parents, those from single-parent families and those from step-families. Among 12-14-year-olds, there are too few smokers to be able to analyse trends on the basis of family structure. - 42 -

Of boys who come from a family in which the head of household is a manual or agricultural worker, 36.4 per cent and 37.9 per cent respectively declare that they smoke, as compared with 30.1 per cent of those from households headed by professionals and managers and 40.1 per cent of those from households headed by salaried workers. For girls, the situation is rather different. Of those who come from a family in which the head of household is a manual or agricultural worker, 32.6 per cent and 28.1 per cent respectively declare that they smoke, as compared with 31.5 per cent for those from households headed by professionals and managers and 38.8 per cent for those from households headed by salaried workers.

Generally speaking, the size of a person’s home town is not a discriminant factor in tobacco consumption among young people of either sex in the 12-25 age group.

For both sexes, sociability goes hand in hand with smoking; the more contact a person has had with relatives or friends during the past week, the more likely that person is to be a smoker (this relationship is more marked among girls than boys). With regard to eating habits, there was a higher prevalence of smoking among those of both sexes who had skipped breakfast or another meal during the previous week. Overall, the prevalence of smoking decreases the more often a person practises a sport.

The number of cigarettes smoked increases rapidly during adolescence: 12-14-year-olds who declare that they smoke regularly consume an average of 4.0 cigarettes per day, while the figure for 15-19-year-olds is 8.3. At these ages, girls smoke fewer cigarettes than boys.

On average, young smokers between 12 and 25 years of age say that they smoked their first cigarette at 14½ years of age and that they began smoking regularly soon after reaching the age of 16.

According to the 2000 Health Barometer, 30.0 per cent of young people between the ages of 12 and 19 say that they smoke, even if only from time to time. In the 1997 survey, that figure was 29.0 per cent. Taking the results for boys and girls separately, a comparison of the two surveys shows that while there was no significant change for boys, there was a marked increase in the prevalence of smoking among girls (from 29.8 per cent to 32.9 per cent). - 43 -

According to the preliminary data collected after the large increases in tobacco prices in 2003-2004, consumption among young people has fallen significantly. However, these data need to be consolidated.

Cannabis

Cannabis is the most widely consumed drug, with boys using it more than girls. Experimentation with other drugs is fairly limited and is largely a male activity. The level of experimentation more than doubled between 1993 and 2002.

The rise in habitual use of cannabis (i.e. at least 10 times a year) has been even more pronounced than that in experimentation: the proportion of users, which, in 1993, was 11 per cent of young men and 3 per cent of young women of 18 years of age, more than tripled between 1993 and 2002 for both sexes, although there are still only half as many female users as male users (Source: INSERM).

Consumption of psychotropic medicines

Young people of both sexes and of all ages consume more prescription medicines than non-prescription medicines. Hence, a medical prescription is the primary reason for their consumption of anxiolytics and anti-insomnia drugs. At 14, the difference between the sexes is very small (17 per cent of boys and 19 per cent of girls have already taken a psychotropic drug on prescription, as compared with 9 and 11 per cent respectively who have done so without a prescription). However, this differential tends to widen with age: at 18 years of age, 16 per cent of boys and 22 per cent of girls have taken this kind of drug on prescription, as compared with 11 and 15 per cent respectively who have done so without a prescription (Source: INSERM).

A public health problem: the rising incidence of obesity

The proportion of obese people in the French adult population is increasing. At the beginning of the 1990s, 6 per cent of adults were obese. In 2000, that figure was 9.7 per cent. Studies carried out by the Institute of Market Research and International Opinion Polls (SOFRES), the Roche Institute and INSERM among the population in the 15-and-over age bracket (ObEpi surveys) confirm this rapid change (8.2 per cent in 1997, 9.6 per cent in 2000, and 11.3 per cent in 2003). - 44 -

Various surveys conducted in France confirm the rising incidence of child obesity although national studies on excess weight and obesity are rather recent. For example, the 1999-2000 survey of 5-to-6 year-olds jointly conducted by the Department of Secondary Education (DESCO), DREES and the Institute of Health Surveillance (InVS) showed that 14 per cent of children are either overweight or obese. The joint survey carried out in 2000 by the National Health Insurance Fund (CNAM) and InVS on a national sample of children aged between 7 and 9 years confirms this trend, with an even higher figure of 18.1 per cent.

The survey on the health of tenth-graders that was carried out during the 2000/01 school year on a sample of 6,590 youngsters (80 per cent of them aged 14 or 15 years) showed that 83 per cent of them have a normal body weight. Low body weight is rare (1 per cent). Around 15.7 per cent are either overweight or obese (12.4 per cent overweight and 3.3 per cent obese), according to the international standards set by the International Obesity Task Force.

This survey highlights the strong link between obesity and social environment. Obesity is 10 times less common among children whose father is a manager (0.7 per cent) than among those whose father is an unskilled manual worker (7.4 per cent).

Because of their correlation with further health problems, adolescent obesity and excess weight constitute a real public health problem.

A.9 Data on children infected or affected by HIV/AIDS

The reported upswing in risk behaviour and the resurgence of some sexually transmitted infections (STIs) such as syphilis are leading to fears that a new HIV epidemic will occur in France, as has happened in other countries. According to the Regional Health Observatory for Île de France (ORSIF), the prevalence of condom use declined in 2001, particularly among young people in the 18-24 age group, to 71 per cent, as compared with 83 per cent in 1998. However, sales of condoms have risen over the last two years. In this context, the fight against HIV is one of the French Government’s priorities. The goal of the three-year plan for combating HIV is to strengthen preventive measures aimed at priority groups and to continue - 45 -

with prevention campaigns aimed at the general public and young people in particular. By the end of 2003, several steps had been taken to facilitate access to condoms and to distribute them free of charge or at low cost, including making female condoms available in pharmacies at a price of €1 and the television campaign on condoms that was screened on 1 December. With regard to young people in particular, the booklet “L’Amour en questions” (“Questions about love”) promotes these methods of prevention and explains how to use them. In 2002, the Department of Health and INPES collaborated on the production of an information booklet on sexually transmitted infections, targeted at 15-18-year-olds. Sex education and education-for-life-courses have been provided by schools for some years. Where they used to be confined to middle-school students, since the passing of the Contraception Act they have been extended to lycée students. These courses are run in State schools and agricultural colleges. With a view to promoting health education and educational publications, the health minister and the schools minister have recently signed an umbrella contract on a public health partnership.

AIDS cases in France as at 30 June 2003: breakdown of AIDS cases by age group and by sex

Age group Sex Total (years)a Female Male 0-9 331 396 727 10-19 109 222 331 20-29 3 052 8 533 11 585 30-39 4 540 20 188 24 728 40-49 1 566 10 465 12 031 50-59 706 4 299 5 005 60-69 475 1 628 2 103 70 and over 223 491 714 Total 11 002 46 222 57 224

Source: InVS AIDS monitoring.

a Age calculated from year of birth.

A.10 Juvenile crime Criminal activity of minors: public prosecution service summary of cases involving minors, 1992-2002

Proceedings 1992 1993 1994 1995 1996 1997 1998 1999 2000a 2001 2002 Complaints, allegations and police reports concerning minors received by public prosecution services during the year n/a n/a n/a n/a n/a n/a n/a n/a 184 658 180 127 183 242 Action Cases processed (estimated up to 2000) 93 830 83 858 103 127 94 746 111 910 121 514 129 497 143 980 152 018 161 208 162 502 Non-prosecutable cases (discontinued for absence of an offence, for legal reasons or for lack of evidence) n/a n/a n/a n/a n/a n/a n/a n/a 19 902 21 829 23 475 Prosecutable cases n/a n/a n/a n/a n/a n/a n/a n/a 132 116 139 579 139 027 Percentage of prosecutable cases n/a n/a n/a n/a n/a n/a n/a n/a 86.9% 86.6% 85.8% Procedures other than prosecution n/a n/a 4 089 6 490 7 840 11 874 12 525 37 966 45 326 48 113 50 017 Mediation n/a n/a n/a n/a n/a n/a 3 561 3 518 2 737 Mediation/reparation (minors) n/a n/a n/a n/a n/a n/a 4 772 4 972 5 276 Therapy order n/a n/a n/a n/a n/a n/a 550 565 522 Plaintiff satisfied/restitution n/a n/a n/a n/a n/a n/a 3 837 3 094 2 850 - 46 Formal caution, warning n/a n/a n/a n/a n/a n/a 30 021 32 947 34 659 Other n/a n/a n/a n/a n/a n/a 2 585 3 014 3 973 Cases prosecuted Referral to children’s judge 43 346 34 785 39 535 39 207 43 948 44 913 50 373 52 827 54 651 56 974 56 712 Referral to investigating judge n/a n/a n/a n/a n/a n/a n/a 2 944 2 629 2 502 2 563 Minors charged 7 384 5 642 8 363 4 905 5 883 5 405 5 618 5 874 5 013 4 102 4 527 Total number 50 710 40 427 45 913 44 112 49 631 50 318 55 991 55 771 57 280 59 476 59 275 Judicial response rate n/a n/a n/a n/a n/a n/a n/a n/a 77.79% 77.19% 78.89% Cases discontinued n/a n/a n/a n/a n/a n/a n/a n/a 29 510 31 990 29 735 Insignificant damage or disturbance 16 946 17 954 18 622 Inconclusive investigations 2 022 3 386 2 876 Victim satisfied/restitution in due course 4 135 4 180 4 015 Withdrawal of plaintiff 2 699 2 850 2 858 Procedural error by plaintiff 1 753 1 745 1 785 Victim’s responsibility 1 800 1 702 1 567 Mental incapacity 155 163 212 Discontinuation rate n/a n/a n/a n/a n/a n/a n/a n/a 22.3% 22.99% 21.4% Source: DACG, Studies and Evaluation Unit, September 2003. a A change in prosecution service statistics has made it possible to calculate, from 2000, a discontinuation rate and a judicial response rate for cases involving minors only. It has also made it possible to collect data on all alternative measures taken with specific reference to minors. - 47 -

(a) Number of persons below 18 who have allegedly committed a crime reported to the police

Police reports, complaints and allegations transmitted to the prosecution service

For the year 2000: 184,658

For the year 2001: 180,127

(b) Number of persons below 18 who have been sentenced and type of punishment or sanctions imposed

1. Convictions for serious crimes

For the year 2000: 559

For the year 2001: 647

Penalties involving deprivation of liberty

For the year 2000: 537, including 28 terms of imprisonment

For the year 2001: 620, including 46 terms of imprisonment

Average length of non-suspended prison sentence

For the year 2000: 40.7 months

For the year 2001: 47.3 months

The disparity in the figures for convictions for senior crimes and the number of penalties involving deprivation of liberty is explained by the fact that, in the case of such crimes, the juvenile courts or the juvenile assize courts may impose educational measures or fully suspended prison sentences.

2. Convictions for offences

For the year 2000: 36,437

For the year 2001: 38,017 - 48 -

Imprisonment

For the year 2000: 14,101

For the year 2001: 14,886

Partially suspended prison sentence

For the year 2000: 3,938

For the year 2001: 4,113

Fully suspended prison sentence

For the year 2000: 10,163

For the year 2001: 10,773

Average duration of non-suspended prison sentence

For the year 2000: 3.1 months

For the year 2001: 3.2 months

Fines

For the year 2000: 1,028

For the year 2001: 1,102

Alternative punishments

For the year 2000: 871

For the year 2001: 815 - 49 -

Educational measures

For the year 2000: 19,641

For the year 2001: 20,548

Discharges

For the year 2000: 796

For the year 2001: 666

(c) Number of persons below 18 who have been tried as adults

Under the laws in force, minors are systematically tried before special courts. Although minors tried by these courts face maximum penalties that are half of those faced by adults, it is only possible to disregard the mitigating factor of the minor’s status if he or she is over the age of 16. There are no statistical data on this subject.

(d) Number of detention facilities for juvenile offenders, and their capacity

A total of 59 penal institutions are equipped to accommodate minors. They can be broken down as follows:

• 27 institutions with a juvenile wing having a capacity of between 18 and 25 places;

• 8 institutions with a juvenile wing consisting of two separate living areas with 20 places each;

• 1 institution with a juvenile wing consisting of three separate units with 20 places each;

• 23 institutions which are to be equipped with a small juvenile wing to accommodate between 8 and 12 inmates. - 50 -

Because there are so few female minors in prison, it has not been possible to create special facilities for them. They are held, rather, in the women’s wings of remand centres and, like all minors, they have their own cells and are closely supervised.

(e) Number of persons below 18 detained in these facilities and number of persons below 18 detained in adult facilities

As at 1 January 2003, 808 minors were being held in French prisons (in metropolitan France and overseas), accounting for 1.5 per cent of the total prison population.

No minors are held in adult institutions.

(f) Number of persons below 18 kept in pre-trial detention and the average length of their detention

At the same date, out of 100 minors in detention, 73.3 per cent were being held in pre-trial detention and 26.7 per cent had been convicted.

The average duration of pre-trial detention was two months and six days in 2000 and two months and four days in 2001.

(g) Number of reported cases of abuse and maltreatment of persons below 18 during their arrest and detention

Confirmed cases:

2001: 1

2002: 3

2003: 3

A.11 Data on children involved in sexual exploitation and minors who are refugees/asylum-seekers

(a) and (b) Number of children involved in sexual exploitation, including prostitution, pornography and trafficking

In 2001, 607 victims of sexual exploitation were identified under procedures introduced by the national police. They included 21 minors (20 girls and 1 boy). - 51 -

In 2002, 875 victims were identified, of whom 57 were under the age of 18 (55 girls and 2 boys).

In 2003, out of 900 victims identified under procedures introduced by the national police, 66 were minors (65 girls and 1 boy).

These figures represent the total number, at the national level, of French victims of sexual exploitation, together with foreign victims found to be involved in organized networks, the most active of which originate in Eastern Europe, the Balkans and Africa.

(c) Number of unaccompanied minors and asylum-seeking and refugee children, as well as the number of children awaiting expulsion

Unaccompanied minors applying for asylum at the border, 2001-2003

Asylum applications at Number of seekers the border re-routed 2001 1 070 67 2002 628 130 2003 514 143

The rate of admission to the country of unaccompanied minors applying for asylum at the border fell from 94 per cent in 2001 to 79.3 per cent in 2002 and 72.2 per cent in 2003.

Number of children awaiting expulsion

It is impossible to provide figures on children awaiting expulsion, since minors cannot be forcibly removed from French territory.

B. General measures of implementation

B.1 Information on intended or planned activities related to recommendations contained in the Committee’s previous concluding observations on the initial report of France

Reservation to article 30 of the Convention (arts. 11 and 17)

There are no plans at the moment to reconsider the reservation entered by France to article 30 of the Convention. - 52 -

Status of the Convention in the national legal framework (para. 12)

Under France’s monist system, the concept of self-executing international norms needs to be distinguished from two other concepts, namely, the effectiveness (or, strictly speaking, the applicability of international norms in domestic law) and the status of international norms in the hierarchy of norms.

An international norm is self-executing if it gives rise, in the domestic legal system, to rights that are applicable to private individuals or natural or legal persons. If a norm is recognized as self-executing it may be invoked by such persons in their dealings with the authorities or, where necessary, the domestic courts. Because of the so-called “relative effect” of international treaties, an international agreement cannot, in principle, create rights and obligations for individuals, but this does not mean that it does not bind a State party with respect to its fellow contracting parties or that, in a monist legal system like the one in France, it is not incorporated into the hierarchy of norms.

There are, however, exceptions to the principle of non-self-executing norms. An international norm may be self-executing if it meets two criteria relating to the content of the norm and the intention of the parties to it: the content of the norm must be sufficiently precise for it to be applied directly in the domestic legal system, and the intention of the parties to apply it directly must emanate from the actual provisions of the convention concerned.

The Convention on the Rights of the Child is effective (in the strict sense of the word) in domestic law. It is part of the hierarchy of norms, where it has higher status than the law but lower status than the Constitution.

In France, domestic courts are competent to interpret international norms and recognize them as self-executing.

The courts rule on a case-by-case basis and have recognized as self-executing several, though not all, of the provisions submitted to them. The Council of State recognizes the provisions contained in articles 3 (1), 4 (1), 10 and 16 of the Convention as self-executing, but - 53 -

not those in articles 2 (1), 2 (2), 3 (2), 5, 6, 8, 9, 12 (1), 12 (2), 14 (1), 24 (1), 26 (1), 27 (1), 28 and 30. The Court of Cassation initially reviewed the Convention as a whole and did not recognize it as self-executing, but its approach has evolved significantly since then.

On 5 September 2001, the Criminal Division of the Court of Cassation ruled that the Court of Appeal whose decision was being challenged had “justified its decision with regard to the legal texts and treaties invoked in the submission” (art. 3, para. 1); on 30 May 2001 it found that the Court of Appeal had “justified its decision without disregarding the treaty provisions invoked” (art. 3, para. 1); and on 16 June 1999 it had already rejected an appeal on the grounds that domestic law had been applied “without disregarding the provisions of … articles 2 and 16 of the Convention on the Rights of the Child”. It recently ruled that the refusal to grant the adoption of a child born to a surrogate mother did not violate the legal provisions invoked, including articles 3 and 21 of the Convention (Court of Cassation, 9 December 2003).

Some movement is therefore discernible in the decisions of the Court of Cassation.

Disparities between the regions (paras. 13, 19 and 20)

In the area of child welfare, which is the responsibility of the general councils under decentralization legislation, the law entrusts the task of monitoring the services concerned to the General Inspectorate of Social Affairs (IGAS), which conducts thorough inspections of several departmental services every year. These inspections allow it to check that the departmental service is carrying out the tasks assigned to it by law and to review the conditions in which statutory welfare benefits for children (financial assistance, help in the home, care facilities for children, etc.) are delivered. An IGAS follow-up commission reviews the measures taken to remedy the problems identified and the follow-up given to the various recommendations.

Children’s right to know their origin (para. 14)

In September 2002, a national council on access to personal origins was established, in application of the Act of 22 January 2002 on access by adopted persons and wards of the State to their origins. Although the Act does not establish an absolute right to learn of one’s origins, which could conflict with respect for individual freedom and privacy, it does represent a significant advance in this area. - 54 -

The Act still permits the record of a birth to remain confidential, but provides for confidentiality to be waived. A woman who wishes the record of a birth to remain confidential is invited to give details of her identity in a sealed envelope, together with any further information for the child. When a request for access to information on a person’s origins is referred to the national council, the latter seeks the birth mother’s consent for confidentiality to be waived.

The European Court of Human Rights ruled on 13 February 2003 that French law on access to personal origins is in conformity with the European Convention on Human Rights: the law strikes a satisfactory balance between the interests of mothers who wish to remain anonymous and those of children who wish to know who their parents are. The Court stressed that, while a person had a right to know their origin, that did not mean that the interests of a woman who wished to remain anonymous for the sake of her health while giving birth in suitable medical conditions could be ignored. The Court recognized that French law reflects a concern to protect the health of the mother and child during pregnancy and at birth and to avoid backstreet abortions or the abandonment of babies. It stressed that the Act of 22 January 2002 made it easier to waive confidentiality.

French law on this point does not therefore appear to contravene article 7 of the Convention on the Rights of the Child, which recognizes the child’s right to know his or her parents, but only insofar as that is possible.

Minimum age for marriage (para. 22)

The proposal to amend article 144 of the Civil Code in order to align the marriageable age of women with that of men, at 18 years, is still under consideration. Existing reports on the subject and the views expressed by the experts approached are not unanimous in their conclusions. While sexual equality and a concern to ensure that wedded status is linked to the physical, emotional and psychological maturity of the future spouses are among the most common arguments put forward in support of raising the marriageable age for women, it nevertheless appears that such an alignment would in some cases create an obstacle for certain young women who find themselves in a hostile environment and see marriage as a way to achieve personal, cultural and social emancipation. - 55 -

Encouraging children to express their views and ensuring that due weight is given to them (para. 23)

It should be pointed out that article 388-1 of the Civil Code stipulates that “a minor capable of understanding may, without prejudice to the provisions made for his or her intervention or consent, be heard in any proceedings that concern him or her by a judge or by any person the judge may appoint for that purpose”. In accordance with article 12 of the Convention on the Rights of the Child, article 388-1 guarantees that children who are capable of understanding may be heard in any legal proceedings affecting them, either directly or through the intermediary of a representative or some appropriate body.

Some legal proceedings that are particularly important for the child’s future expressly provide for the minor’s consent (simple adoption, change of surname or change of first name if the child is over 13 years old). In cases where a youth worker is providing assistance, the decree of 15 March 2002 requires the judge to hear the minor, although the procedure itself may vary, since in special circumstances - particularly in an emergency where the child needs protection without delay - the judge may forgo hearing the parties, including the child. The examination by a judge of child victims of sexual abuse is also regulated by law and is a procedural requirement.

As far as administrative procedures for protecting children are concerned, article L.223-4 of the Social Services and Families Code stipulates that child protection services must consult the child (whatever the child’s age) and hear their views on any decision concerning them.

In order to involve the beneficiaries of social or medical/welfare benefits in the running of the institution or service, article L.311-6 of the Social Services and Families Code (Act of 2 January 2002) provides for the establishment of either a “community life council” or some other form of participatory mechanism. The provisions for this must be spelled out in a decree that makes specific provision for institutions or services dealing with minors.

Children are also encouraged to express their views in public discussions: there are more than 1,200 children’s and young people’s councils throughout the country that allow them to participate in the life of their village, town, department or region. These are not merely talking shops, but also centres for action: for example, they have launched employment campaigns, built cycle paths and produced pamphlets on the weight of school bags. - 56 -

In addition, the Children’s Parliament meets every year, making use of the features and rituals of elections to bestow political authority on the young elected representatives. Proposals for laws are studied by these junior parliamentarians and one such proposal is singled out for consideration by senior deputies. Most of the proposals considered in this way have led to the adoption of a law, such as the law on strengthening the role of schools in the prevention and detection of acts of child abuse (Official Gazette, 7 March 2000).

Prevention of child abuse (para. 24)

In addition to the preventive activities organized within the framework of the permanent child protection mechanism mentioned in the reply to question A.2 (h), awareness-raising campaigns are organized on the anniversary of the adoption by the United Nations of the Convention on the Rights of the Child. Since the adoption of the Act of 9 April 1996, 20 November has been celebrated in France as the National Day for the Rights of the Child, when numerous campaigns against child abuse are organized by the Government, local authorities and child protection associations.

The following are some examples of items distributed on 20 November 2003:

• A poster on the theme “All children have rights”, produced by the office of the Minister of State for the Family, the Ministry of Education and the National Child Abuse Hotline, together with a team from a children’s newspaper called “Mon quotidien”. The poster, with written and illustrated teaching materials for children aged between 9 and 10, was aimed at all children in fifth grade (in the second cycle of primary education) in France, all town halls, all parliamentarians and many media outlets;

• A compact disc entitled “Tous les droits des enfants” (“all the rights of children”) containing a song on children’s rights recorded by the singer Yves Duteil and distributed in the same way as the poster;

• A Braille version of the Convention on the Rights of the Child, distributed in special schools for blind or partially sighted children; - 57 -

• A video clip on the theme of child abuse, broadcast on the television with the caption “Respect children - every day”;

• A “scrapbook”, a new idea by the authors of the “Max et Lili” albums, which invites children, especially those who have had a difficult childhood (children in homes, abandoned children, etc.), to retrace the story of their lives by filling the pages with photographs, clippings, letters, postcards and souvenirs.

On the 14th anniversary of the Convention on the Rights of the Child, Mr. Christian Jacob, Minister of State for the Family, organized, in conjunction with the Italian Presidency of the European Union, a conference in Paris for ministers from member States and acceding States with responsibility for the family on the subject of “Preventing ill-treatment, promoting decent treatment: a European ambition”. The conference made it possible to:

• Take stock of what had been achieved between 2000 and 2003 by the European Union Daphne programme, which is designed to combat violence against children, teenagers and women and to help victims. So far, over 200 projects have been funded at a cost of €20 million;

• Review the prospects for the implementation of the second phase of that programme for the period 2004-2008;

• Arrange for the child protection hotlines found in a number of European countries to be linked in a network;

• Propose Europe-wide action to promote the decent treatment of children.

France is particularly attached to the concept of decent treatment for children, which it sees as the best way to promote respect for children and their well-being through practical action.

The Minister of State for the Family started a campaign in 2003 to raise awareness of the need to treat children and teenagers properly, by listing and highlighting activities that bring better treatment of children by adults a step closer. - 58 -

He has called for contributions from all organizations working in the social, medical/welfare or health sectors that bring together professionals or volunteers from public, private or community services. The objective of the activities should be the proper treatment of children and teenagers and they should have observable effects in daily life.

A panel will make a selection of the activities submitted and these will be presented at a special event in 2004 and will be the subject of a widely distributed publication. A cross-section of them will receive financial support.

Juvenile detention (para. 26)

The 1945 ordinance on juvenile offenders gives preference to educational measures for minors. However, they may be placed in detention in certain circumstances under conditions that are stricter than those that apply to adults.

Article 2 of the ordinance provides that the juvenile court or the juvenile assize court, as the case may be, shall decide on the protection, assistance, supervision and educational measures it considers appropriate. However, should the minor’s circumstances and personality so require, the court may pass sentence on minors aged between 13 and 18 after taking into account their reduced criminal responsibility. The juvenile court may hand down custodial sentences, including conditional sentences, only after specifying the reasons for this choice of punishment.

Minors aged between 13 and 18 may be placed in pre-trial detention only if absolutely necessary or if it is impossible to take any other measure, and only where the constraints of judicial supervision provided for in article 10-2 are insufficient. Moreover, they may be placed in pre-trial detention only if they are liable to a penalty for a serious crime or for an offence carrying a custodial sentence of three years or more, or if they have deliberately evaded the constraints imposed by a judicial supervision order.

Minors aged over 13 and under 16 may be placed in pre-trial detention only if they are liable to a penalty for a serious crime or if they have deliberately evaded the constraints imposed by a judicial supervision order. - 59 -

When minors who have been placed in pre-trial detention are released in the course of the proceedings, they become subject on their release to the educational measures or supervision required in their situation, as determined by the children’s judge, the investigating judge or the judge responsible for freedoms and detention.

The length of their pre-trial detention is limited. In cases of lesser indictable offences for which the penalty does not exceed seven years’ imprisonment, minors over the age of 16 may not be held in pre-trial detention for longer than one month. However, at the end of this period, their detention may be prolonged, exceptionally, for up to one month by reasoned order of a judge following statements by the prosecution and defence; only one such prolongation is possible.

In all other cases, the provisions of the first paragraph of article 145-1 of the Code of Criminal Procedure are applicable to minors aged 16 or over facing charges for lesser indictable offences; however, any prolongation must be by order of a judge and may not be for longer than one year.

In criminal cases, minors over the age of 13 and below the age of 16 may not be held in pre-trial detention for more than six months. However, at the end of this period, the detention may be prolonged, exceptionally, for up to six months. Only one such prolongation is possible.

Statistics

Year Accused Convicted Total 2000 560 158 718 2001 454 162 616 2002 630 196 826 2003 592 216 808

Children who have not completed compulsory schooling (para. 27)

Some of the approximately 60,000 children who have not completed their compulsory schooling have acquired the foundations for lifelong learning, but others are in a far more difficult situation. - 60 -

Various responses are possible in this situation. Provisions for continuous education allow some to complete their education. In particular, secondary schools provide some courses for young job-seekers through groupings of schools (GRETA) and continuous education centres (CAFOC).

The education ministry has also developed two mechanisms for reintegrating and retaining pupils following general, technical or vocational courses who are at risk of academic or social marginalization: so-called “relay” classes and workshops (temporary arrangements for pupils who drop out or who are on the verge of dropping out of school) and the activities of the General Integration Team (MGI). The relay provisions concern secondary school children under the age of 16 or, sometimes, sixth-formers.

Relay classes are based on a proactive partnership with the Ministry of Justice (Department of Legal Protection for Young People), local authorities, the ministry responsible for cities, local associations and families. Relay workshops, which were introduced at the beginning of the 2002/03 academic year to complement relay classes, offer a temporary alternative to compulsory schooling on the basis of a partnership with associations that work closely with schools.

The activities of the General Integration Team are intended to reduce the number of children leaving school without any qualifications and to give youngsters over the age of 16 a chance to earn a qualification, find a job and become integrated in society.

Finally, “second-chance colleges”, a European initiative, are also intended to provide special training aimed at the economic and social reintegration of the young people concerned. They take the form of a partnership between regional, departmental and local authorities, chambers of commerce and industry, sponsors and associations. The education ministry may contribute by providing staff where necessary and has itself begun to develop similar systems in a number of vocational schools. - 61 -

B.2 Measures taken to coordinate and monitor the implementation of the Convention in overseas communities, departments and territories

The following legislative measures have been taken in this respect:

• In Mayotte, Ordinance No. 2000-219 of 8 March 2000 sets the minimum age at which girls may marry at 15 years, although a waiver may be granted if there are serious grounds for doing so and if to do so would be in the best interests of the future couple;

• The Act of 6 March 2000 on the establishment of a children’s ombudsman came into effect in Mayotte, French Polynesia, New Caledonia, and Wallis and Futuna;

• The provisions of article 13 of the Act of 22 January 2002 on access by adopted persons and wards of the State to their origins was extended to Mayotte, French Polynesia, New Caledonia, and Wallis and Futuna;

• Decree No. 2002-423 of 29 March 2002 on family allowances in Mayotte, under which payment of these allowances and the “back-to-school” allowance was made dependent on school attendance, was adopted;

• The National Child Abuse Hotline number (119) was made available in two overseas departments, Réunion (in February 2003) and French Guyana (in December 2003);

• Act No. 2004-1 of 2 January 2004 on childcare and protection, which provides for acts of abuse to be reported and associations combating child abuse to associate themselves with the prosecution in criminal cases, was extended to Mayotte, French Polynesia, New Caledonia, and Wallis and Futuna.

B.3 Updated information on efforts to coordinate policies for children and the implementation of the Convention

The appointment to the French Government of a minister for the family and children ensures that the problems, interests and rights of children are fully taken into account in the development and implementation of government policies. From February 2000 to May 2002, - 62 -

Ms. Ségolène Royal was Minister of State for the Family and Children; since 17 June 2002, Mr. Christian Jacob has been Minister of State for the Family within the Ministry of Health, the Family and Disabled Persons.

Under article 41 of the Act of 25 July 1994 on the family, the Government organizes an annual national conference on the family, to which it invites family support groups and the relevant agencies. It brings together, under the chairmanship of the Prime Minister and in the presence of the ministers concerned, representatives of the main unions and federations of family associations, employers and workers, welfare agencies, elected representatives and other qualified individuals. Since its creation by decree of 28 July 1978, the Inter-Ministerial Task Force on Family Affairs has been the administrative body responsible for making preparations for the conference, which brings together many of the parties concerned for in-depth consultations. The theme of the conference in 2003 was the work-life balance; in 2004, it will be addressing issues related to adolescence.

The Act of 2 January 2002 on the renewal of social and medical/welfare services stipulates that plans for social and medical/welfare services must be formulated jointly by the representative of the State and the President of the General Council in each department. These plans should make it possible, particularly in the area of child protection, to determine social needs, the prospects for developing social and medical/welfare services, arrangements for cooperation and coordination between institutions and criteria for evaluating the actions undertaken.

An inter-ministerial directive dated 10 January 2001 urges departmental prefects to set up and organize, in each department, meetings of a coordinating group involving all public services concerned with child protection (the services provided by the schools inspector, the departmental director for health and social affairs, the departmental director for legal protection of young people, the departmental director for young people and sports, and the police and gendarmerie) and to involve the heads of child psychiatric services and the person in charge of the hospital referral centre. Public prosecutors and children’s judges should be invited to attend, as well as the President of the General Council and a representative of the family branch of the social security agencies. - 63 -

The coordinating group’s task is to review the child protection services organized by the State in the department, with five broad aims:

(a) To ensure that an effective reporting system is in place;

(b) To coordinate the services that take care of ill-treated children;

(c) To strengthen and coordinate the preventive measures taken by all those involved in social work;

(d) To make greater efforts to combat violence in institutions by sharing skills;

(e) To provide timely support for parents in difficulty and for poor families, and to ensure that the rights of parents and children are respected in cases of placement in an institution.

The Act of 2 January 2002 also established departmental commissions on the care of young children, to study, advise on, make proposals for and follow up all issues related to the organization, functioning and development of care facilities for young children and to the general policy on young children in each department.

The various measures reflect a desire to ensure that tools and procedures are available at both the national and the local levels to ensure good coordination between children’s advocates and policies on children.

B.4 Measures taken to follow up the recommendations made by the National Consultative Commission on Human Rights and the French Council of Associations for the Rights of the Child

The authorities hold regular talks with these institutions and take their views into account.

B.5 Please indicate whether the National Observatory for Children at Risk has been established and indicate, if appropriate, the precise role of this observatory

The National Observatory for Children at Risk was set up by the Act of 2 January 2004 on childcare and protection and is part of the public service corporation that manages the National Child Abuse Hotline. - 64 -

This corporation, which brings together the State, the general councils and child protection associations, has been managing the hotline since 1990.

The National Observatory for Children at Risk helps to collect and analyse data and studies on child abuse supplied by the State, local authorities, public institutions, foundations and associations working in this field.

It is involved in organizing data and information from various sources and in advancing knowledge of the manifestations of abuse. It catalogues practices of proven effectiveness that are used in the prevention, detection and medical and judicial treatment of abuse.

It submits an annual report to the Government and Parliament, and this report is made public.

The first studies carried out by the Observatory will cover:

• Treatment methods and practices designed to avoid the recurrence of abuse;

• A statistical assessment of mortality resulting from domestic violence;

• The recording and evaluation of studies and approaches that focus on the relationship between conjugal and parental violence;

• Initial evaluations of “intensive” action taken in non-institutional settings in France in cases of child abuse;

• Analysis of French legal usage of the terms “children at risk” and “child abuse” and related terms.

The building housing the Observatory was inaugurated on 10 February 2004. Its budget for 2004 is €400,000, and this will be doubled for 2005.

B.6 Project for the creation of an independent authority to combat discrimination

In a letter of 2 June 2003, the Prime Minister entrusted Mr. Bernard Stasi, a former minister and the current Ombudsman, with the job of heading a task force to draw up a plan for an independent administrative authority to combat discrimination. This work has just been - 65 -

completed and a report entitled “Vers la Haute autorité de lutte contre les discrimination et pour l’égalité” (“Preparations for a high authority to combat discrimination and ensure equality”) was officially submitted to the Prime Minister on 16 February 2004. A broad consensus on the utility of such an authority and the nature and scope of its functions and powers emerges from the numerous interviews and hearings conducted by the task force.

In recent months, the President of the Republic and the Prime Minister have also on numerous occasions announced their intention to make efforts to combat all forms of discrimination a priority of government policy and their decision to create this new body, which is to be established by law, by the end of 2004. In his New Year’s greeting to the press on 12 January, the Prime Minister said that the coming year would be one of efforts to achieve equal opportunities and to combat discrimination.

According to the recommendations of the task force under Mr. Stasi, the High Authority to Combat Discrimination and Ensure Equality must have a broad remit covering all grounds for discrimination, in particular those set out in article 13 of the Treaty of Amsterdam - sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

It would have a triple role:

• To deal with individual complaints and support for victims;

• To promote equality;

• To learn more about the subject and publicize its findings.

The authority should be a collegiate body of possibly 10 members, assisted by qualified individuals from civil society (members of associations or trade unions, local councillors, university teachers, legal experts, etc.). Its powers should permit it to take effective action to bring about a change in practices and attitudes over time. - 66 -

B.7 Please provide additional information on the individual complaints mechanisms available and accessible to children in France. Please indicate whether there are any plans to establish independent monitoring bodies for children living outside metropolitan France

In France, during police inquiries and judicial investigations, the examination of a child victim may only be filmed with the child’s consent, or that of his or her legal representative if the child is not in a position to give consent. The recording of the examination may be an audio-visual or sound-only recording at the express request of the minor or his or her representative. If the government prosecutor or investigating judge decides not to make a recording, they must give reasons for their decision. The child is heard in the presence of a child psychologist or paediatrician, a family member, the ad hoc administrator or a person acting on the order of the children’s judge. In the majority of cases, the examination takes place in a police station or gendarmerie on the instructions of the public prosecutor. In most cases, however, the procedure is a difficult experience for the victims, as the police premises are not always suitable for young children and medical examinations take place somewhere quite far from the police station or gendarmerie. For the victims and their parents, this means visits at different times, subject to the vagaries of different schedules, and a lack of proper support.

A number of hospital towns, including Besançon, St-Nazaire, Béziers, Bordeaux and Macon, have introduced new arrangements for child victims to be attended to in the hospital itself, where they feel protected and reassured and where provision can be made for the various judicial procedures and the necessary medical treatment.

At the initiative of associations such as Voix de l’enfant, agreements have been signed with the principals concerned with child protection (the government prosecutor, chief education officer, departmental director for health and social affairs, hospital director, departmental urban police chief and gendarmerie commander) to ensure that hearings of minors and medical examinations can be conducted and psychological support provided at a single, suitably equipped venue. - 67 -

Twelve hospitals received a State subsidy in 2002 for fitting out rooms in the hospitals of Aix-en-Provence, Alençon, Argentan, Béziers, Bourg-en-Bresse, Dole, La Rochelle, Nancy, Niort, Rochefort, Saintes and Toulouse. A further 11 facilities have also been or are being established in Nantes, Blois, Bondy, Chalon-sur-Saône, Angers, Nice, Tulle, Dieppe, Cherbourg, Valence and Lons-le-Saunier.

No plans have been made for establishing independent supervisory bodies for children not living in metropolitan France. Since 2003, however, children and their families in the overseas departments can use the National Child Abuse Hotline and thus benefit from greater assistance and protection.

Since the establishment of the Children’s Ombudsman under the Act of 6 March 2000, all young persons under 18 years of age resident in metropolitan France or in the overseas departments or territories whose rights have been abused can take their case to this independent authority.

In dealing with individual cases, the Children’s Ombudsman is not a substitute for the specialized services or the social and judicial system for the protection of children. He steps in when normal procedures and remedies prove ineffective and children suffer as a result. He can neither intervene in a case where judicial proceedings are already in progress, nor contest a court decision. He invites the individuals, institutions and departments in question to review such cases and consider other solutions. He may also make recommendations or even issue orders where a court decision has not been implemented.

Regional and departmental focal points have been introduced to provide the Ombudsman with support, particularly when individual cases are processed, in facilitating contact with the child, the child’s family and the institution. They are similarly not a substitute for the specialized legal and social child protection services or associations. They forward personal or background information to clarify individual cases and report on instances of malfunctioning or community problems or, conversely, on initiatives encouraging respect for children. - 68 -

B.8 Please provide information on achievements of the school health programmes, including mental health programmes

The health promotion policy for schoolchildren, prepared in conjunction with the social services, is organized around five main objectives:

• To play a part in implementing general public health policy;

• To help prevent academic failure, truancy and learning difficulties;

• To participate in the broader field of youth work;

• To help protect children at risk;

• To encourage the integration of children with disabilities.

In a broader sense, it is bound up with teaching children about responsible behaviour and with other preventive action, the scope of which is defined in the umbrella partnership contract between the Ministry of Education and the Ministry of Health. Taken together, these policies endeavour to impress on pupils the importance of respect for oneself and for others, and thus to help integrate them into society. School health policy is now part of a five-year programme set out in terms of objectives, action strategies and evaluation.

The broad aims of the five-year preventive health education programme are fourfold:

• To identify and follow up pupils’ health problems;

• To learn more about, identify more readily and take account of signs of mental suffering in children and adolescents;

• To ensure that health education activities are provided throughout the years of schooling;

• To develop civic and mutually supportive behaviour in schoolchildren. - 69 -

The programme is supported by an umbrella contract on public health partnership between the Ministry of Health and the Ministry of Education. This contract concerns all schoolchildren and covers every aspect of public health policy, including the detection of health problems, prevention of risk behaviour, prevention of smoking, encouragement of healthy behaviour (particularly healthy eating), sex education and the prevention of mental problems.

A steering committee is responsible for giving particular consideration to five priority objectives: to discourage smoking, to make first-aid courses more widely available, to set up a service for children and adolescents with psychological problems, to strengthen collaboration between the Ministry of Education and the National Institute for Prevention and Health Education (INPES), and to organize a three-year cycle of surveys on the health of school populations.

Agreement was reached with the National Institute of Health and Medical Research (INSERM) on the establishment of a multidisciplinary group of experts on childhood and adolescence. The group aims to provide school staff with the latest research, so that they can use it in their day-to-day work.

The work of the doctors and nurses working in the education system takes the following forms: at the personal level, doctors take steps to detect problems liable to interfere in a child’s education, by means of compulsory check-ups at the end of nursery school and at the end of middle school or its equivalent; at the level of the school, they are responsible for health education and preventive action under the special project adopted by the school, institution or committee on health education and good citizenship.

The work of nurses in State schools is divided between treating pupils who go to the school infirmary for whatever reason, including relationship or psychological problems, and screening, which enables them to monitor pupils’ health and which supplements the compulsory check-ups.

School-wide activities by health and social workers cover all educational levels and, more particularly, secondary schools. They cover sex education (30 per cent of their work), healthy living (21 per cent), risk behaviour (20 per cent), first aid and accident prevention, among other things. All the activities of health and social workers at the individual or group - 70 -

level are part of a partnership and networking approach involving the mobilization of the education community and close collaboration with partners from outside the school (local authorities, public bodies and associations, and health professionals).

B.9 Issues affecting children that the State party considers to be priorities requiring the most urgent attention with regard to the implementation of the Convention

1. The rights of the child applied to adolescents and young people

Articles 13 and 15 of the Convention on the Rights of the Child call for respect for freedom of expression and freedom of association. The case of adolescents and young people, however, needs to be thought about carefully with a view to producing specific measures. It needs to be borne in mind that, once they reach a certain age, children should be treated as future citizens and should have more freedom than young children, although they still need guidance and support as they gradually learn to become independent.

In order to address this concern, in 2004 the theme of the annual conference on the family, which is chaired by the Prime Minister and brings together representatives of all groups concerned with family life and policy, is adolescence. The proposals put forward and debated at this event focus on the organization of short-term courses and jobs during the school holidays, forms of participation in community life, recognition for achievements in personal and group projects, and easier access to leisure activities and sport. The discussions and initiatives need to be acted upon and evaluated in order to address concerns that society should be more welcoming to its future citizens.

2. The economic rights of children

Article 27 of the Convention on the Rights of the Child recognizes the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.

In France, poverty has been diminishing significantly for several decades (see the report of the National Observatory for Poverty of April 2004). - 71 -

There is, however, a strong risk that the trend will be reversed and that the proportion of poor people will increase in some sectors of the population, such as single-parent or large families.

The French Government is aware of the urgency of the problem, which could concern a million children (see A.2 (d)). The factors causing children to experience poverty are currently being analysed. This aspect is stressed in the implementation of the national action plan for social inclusion submitted by France in a European Union context.

3. Information and communication

The development of new information and communication technologies is reflected in greater opportunities for access, including access for children, to a mass of information of every kind transmitted through a number of channels - Internet sites, television channels, video games, mobile phones, etc. This can expose children to messages or texts of a violent or pornographic nature that they may find upsetting. The Convention on the Rights of the Child broaches this problem, stipulating in article 17 (e) that States parties shall encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being.

As explained in its second report, the French Government has taken this requirement fully into consideration and is taking steps to teach children about the mass media and to ensure that they are protected from messages that present a danger to young people. However, the existing arrangements are being challenged by the increasing sophistication of means of communication, their greater availability and the steady decrease in their cost. Protective measures therefore need to be adapted accordingly, although care must be taken to preserve freedom of information and artistic freedom.

PART III

New bills or enacted legislation

The Social Security Funding Act for 2004 introduces a new benefit for children born after 1 January 2004, known as “care for young children benefit” (PAJE), which replaces five separate previous allowances, in an attempt to simplify and clarify the system of assistance for parents. The intention is to enable parents to choose between continuing or interrupting their - 72 -

professional activities in order to look after their young children, and to find the type of care they want. The level of assistance has been raised so that families with a modest income can have their children looked after in accordance with their preferences.

The 2004 Finance Act introduces a new tax measure in the form of a family tax credit for businesses that incur expenses in helping those of their employees with dependent children to combine their professional and family life.

The Act of 2 January 2004 on childcare and protection also introduces a number of new provisions:

• It puts at three the maximum number of children who may be looked after at any one time by a childminder on a non-permanent basis, so as to broaden the care option open to parents and make it easier to combine family and professional life;

• To combat truancy, it repeals an out-of-date sanctions mechanism and reinforces measures to punish illegal child labour;

• It establishes the National Observatory for Children at Risk, which is responsible for collecting and analysing data and studies on child abuse;

• It broadens the range of possibilities open to associations for the protection and defence of ill-treated children for associating themselves with the prosecution in cases where minors have been physically, mentally or morally harmed.

A bill presented to Parliament in January 2004 provides for a reassessment of the status of childminders, who take care of children entrusted to them for the day by parents, and “family assistants”, who are responsible on a permanent basis for the care of the children entrusted to them as a child protection measure.

Another bill brought before Parliament is intended to take account of the diversity of conjugal situations, to facilitate consensual settlements when marriages break up, through greater use of family mediation, and to encourage appeasement in family conflicts. - 73 -

New institutions

The task of the National Observatory for Children at Risk, established by the Act of 2 January 2004, is to give a coherent form to data and information on child abuse and to improve our knowledge of the phenomenon. It lists practices of proven effectiveness that are used in the prevention, detection and medical treatment of abuse, in order to promote the use of such practices by the State, local authorities, public institutions and associations working in this field.

The composition and functioning of the National Council on Access to Personal Origins, established by the Act of 22 January 2002 on access by adopted persons and wards of the State to their origins, were defined by a decree of May 2002. Its members were appointed by an order of May 2002.

The purpose of the national committee on individual sponsorship established by an order of May 2003 under the Minister of State for the Family and the Minister of Justice is to study and propose measures to encourage individuals to sponsor a child and to promote this form of solidarity among families.

Newly implemented policies

As regards international adoption, the activity of intermediaries is now regulated in France by Decree No. 2002-575 of 18 April 2002 on authorized and accredited international adoption agencies, and by implementation circular No. 2003/126 of 17 March 2003.

This text incorporates into French law the principles contained in the Hague Convention of 29 May 1993 in relation to the activity and monitoring of approved agencies, and endeavours to modernize and professionalize authorized and accredited international adoption agencies.

The Decree clarifies and supplements the existing provisions as to the role and functioning of these associations and their monitoring by the authorities:

• The French agencies are exclusively private-law legal entities. There are 39 of them and their role is to inform persons wishing to adopt and intermediaries responsible for initiating and following up adoption procedures abroad and for supporting families when the child arrives; - 74 -

• The administration and finances of these agencies are the subject of a mandatory report by their supervisory board on their internal organization (statutes, directors and agents) and on the financial terms of their work as intermediaries (budget, accounts and a cost breakdown for the payments required of adopting families, in accordance with a model established by an order of 23 October 2003).

The agencies are also required to submit an annual report on their activities to the Ministry of Foreign Affairs and to departments;

• The demand for professionalism has created a need for specific action to be taken in terms of training and resources.

The training requirement concerns the directors of the agencies and persons involved in family follow-up. Financial support for this purpose is provided by the Ministry of Foreign Affairs and the Office of the Minister of State for the Family.

The agencies must include information on training courses followed in their annual report; such training may be organized on the basis of a network involving several agencies.

They also receive financial support in the form of subsidies from the Ministry of Foreign Affairs for upgrading their resources, particularly documentary and information technology resources.

Monitoring of authorized and accredited agencies takes place at two levels: the departmental and the ministerial level. A new agency must obtain authorization from the President of the General Council and an international adoption intermediary must have the authorization of the Ministry of Foreign Affairs in accordance with an accreditation procedure.

The criteria for assessment established in the decree on authorization and accreditation are based on a review of the agency’s experience in the field of domestic and international adoption, the expertise it has acquired, its administrative and financial transparency and its code of ethics. - 75 -

The central authority regularly evaluates the activity of French agencies and is required to give an opinion on any new application for accreditation.

Action has also been taken to find an answer to the question of why large numbers of people who want to adopt a child are unable to do so, while there are a number of children in State care who have not been adopted because they are, for example, relatively old or have a disability or numerous siblings. By an order of June 2003, a national computerized file was set up to help bring together these children and people who might adopt them.

In accordance with the proposals put forward at the 2003 family conference, the Government is in the process of introducing “family information points” throughout France, inviting proposals and making financial assistance available for their start-up. These points will provide centralized access to information in order to direct families towards the services that will best meet their needs. At the same time, a national web site and departmental web sites will be created, to use information and communications technology to help families.

In order to expand the provision of day care for young children, a €200-million plan has been launched to create 20,000 places in crèches.

Newly implemented programmes and projects and their scope

As regards adoption, the Government has begun work with several aims in mind:

• To help authorized adoption agencies to set themselves up as professional organizations and to study the idea of establishing a State or parastatal organization to complement their work, particularly with a view to assisting prospective adoptive parents who take steps to adopt a child abroad;

• To study the health problems that may face adopted children, particularly when they are of foreign origin, and the children’s progress in their new environment, bearing in mind the problems of integration that may emerge. - 76 -

In 2004, the theme of the conference on the family is adolescence. The discussions and the work undertaken on this subject should lead to a range of initiatives, such as:

• Encouragement for the establishment of centres for young people where teenagers or members of their circle can find answers to their questions about health problems or illness prevention;

• Measures to facilitate access by teenagers to leisure activities;

• Provisions to allow teenagers to take ownership of their own careers and to develop a sense of responsibility, and to give them more opportunities to become involved in community activities.

Lastly, the Office of the Minster of State for the Family has undertaken to give firm support to activities to promote decent treatment in institutions for children being cared for outside their family environment. It has embarked on an awareness-raising operation by listing and highlighting activities that bring better treatment of children by adults a step closer. The Minister is calling for contributions from all organizations working in the social, medical/welfare and health sectors. The objective of the activities should be the decent treatment of children and teenagers and they should have observable effects in daily life. The cases shortlisted by a special panel will be presented at a seminar in 2004 and subsequently publicized and promoted.

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