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France

A. UN Convention status

A1. Ratification or conclusion of the UN Convention

France signed the UNCRDP on 30 March 2007 and ratified it on 18 February 2010. The ratification of the UNCRDP was enabled by Law 2009-1791 of 31 December 2009.

Links

Update date: Mon, 2012-05-28

A2. Ratification or accession to the Optional Protocol

France signed the Optional Protocol on 23 September 2008 and ratified it on 18 February 2010. The ratification of the Optional Protocol was enabled by Law 2009-1791 of 31 December 2009. The instruments of ratification were deposited at the UN on 18 February 2010. Consequently the Convention and the Optional Protocol entered into force in France on 20 March 2010.

Links

Update date: Mon, 2012-05-28

A3. Declarations, Reservations and Objections

No reservations were entered. France entered an interpretive declaration on the term 'consent' in Article 15 as follows.

'The French Republic declares that it will interpret the term 'consent' in article 15 of the Convention in conformity with international instruments, in particular those that relate to human rights and biomedicine, and with national legislation, which is in line with these instruments. This means that, as far as biomedical research is concerned, the term 'consent' applies to two different situations:

1. Consent given by a person who is able to consent, and

2. In the case of persons who are not able to give their consent, permission given by their representative or an authority or body provided for by law.

The French Republic considers it important that persons who are unable to give their free and informed consent receive specific protection, without prejudice to all medical research of benefit to them. In addition to the permission referred to under paragraph 2 above, other protective measures, such as those included in the above-mentioned international instruments, are considered to be part of this protection.

With regard to article 29 of the Convention, the exercise of the right to vote is a component of legal capacity that may not be restricted except in the conditions and in accordance with the modalities provided for in article 12 of the Convention.'

Links

Update date: Mon, 2012-05-28

A4. Comprehensive review

The General Secretary of the Interministerial Committee for Disability (CIH) /) -focal point coordinator- has informed the Liaison Group in charge of promoting, protecting and monitoring the CRDP that a review of the French legislation has been undertaken, but in January 2012 no document or any official statement was available.

Links

Update date: Mon, 2012-05-28

A5. Focal point

In accordance with Art.33.1 of the CRDP, the focal point within the government is the General Secretary of the Interministerial Committee for Disability (CIH / Comité interministériel du handicap chaired by Prime Minister). As focal point, he is responsible for coordinating the focal points that are expected to be designated within each ministry. In January 2012 these ministerial focal points were not officially designated and the coordination within the government is on hold. As focal point, the General Secretary is also a permanent member and secretary of the Commission for monitoring the Convention, and a permanent member of the Liaison Group.

Links

Update date: Mon, 2012-05-28

A6. Coordination mechanism

The Government intends to establish a three-layer coordination mechanism:

1. Coordination of the focal points within the government not operational yet.

2. A commission specifically dedicated to the mission of monitoring the Convention (Commission de suivi de la Convention), created in October 2012 on request of the National advisory council of disabled persons (CNCPH) as one of its constituent working commissions.

Initially created by the Law of 30 June 1975 in favour of disabled persons, the CNCPH has seen its missions and composition officially extended in 2002 and 2006. CNCPH is a joint council of 74 representatives of disabled persons’ NGOs, civil society and Parliament, appointed for three years by the Minister in charge of disability matters.

3. A Liaison Group (Groupe de Liaison) including

  • the Ombudsman (Défenseur des droits)
  • a representative of the National advisory commission of human rights (Commission nationale consultative des droits de l'homme (CNCDH)
  • the president and vice-president of the National advisory council of disabled persons (Conseil National Consultatif des Personnes Handicapées / CNCPH)
  • the rapporteur of the CNCPH Commission for monitoring the Convention
  • a representative of the French Council of disabled persons for European matters (Conseil Français des personnes handicapées pour les questions européennes / CFHE), chair of the Convention monitoring commission
  • the General Secretary of the Interministerial Committee for Disability (CIH, created in November 2009), who is also Secretary of the National advisory council of disabled persons (CNCPH) and focal point.

Links

Update date: Mon, 2012-05-28

A7. Independent mechanism

The National advisory council for human rights (CNCDH) and the ombudsman (Défenseur des droits) as national independent authorities warrants the independence of the coordination mechanism.

Links

Update date: Mon, 2012-05-28

A8. Official reporting

France's initial state report was due 18 Mar 2012 but has not yet been finalised or submitted to the UN.

Links

Update date: Tue, 2015-03-03

A9. Shadow reporting

Two shadow reports were anticipated in 2012 but not submitted formally to the UN Committee - from the ombudsman and from the French Council of disabled persons for European matters (CFHE). CFHE, as representative of disabled persons organizations, launched a national online consultation of disabled persons by means of a blog between November 2011 and June 2012.

Links

Update date: Wed, 2015-03-11

B. General legal framework

B1. Anti-discrimination legislation

The general legal framework in France is the law n° 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of disabled persons.

Prohibition of any form of discrimination is a principle of constitutional value referred to in the preamble of the French Constitution (4 October 1958) and initially in the preamble of the French Declaration of human and citizen’s rights of 1789.

Discrimination comes within the criminal law and is defined in Article 225-1 of the penal Code : disability is one of the 18 criteria of prohibited discriminations along with origin, sex, family situation, pregnancy, physical look, family name, health state, disability, genetic characteristics, lifestyle, sexual orientation, age, political opinion, union activity, ethnicity, nationality, race, religion. Discrimination consists in denying the benefit of a legal right (such as the delivery of a good or a service), or hindering the normal exercise of any economic activity (such as employment, sanction or dismissal and so on).

Law n° 90-602 of 12 July 1990 regarding protection of persons against discriminations related to their health state or disability.

Law n° 2001-1066 of 16 November 2001 regarding the fight against discriminations,

mainly focused on employment (wages, vocational training, redirection, assignment, classification, qualification, professional promotion, relocation, contract renewal, sanction, dismissal).

Law n°2004-1486 of 30 December 2004 creating the High authority against discriminations and for equal rights (HALDE), competent for the broad spectrum of all discriminations, direct or indirect, prohibited by the law or by a binding international agreement. It has also a role of promotion of equal opportunities for all actors in society.

In 2011 the HALDE was replaced by the Ombudsman (Défenseur des droits) created by the Law n° 2011-333 of 29 March 2011. The Ombudsman now centralises the competences of the former HALDE, the ombudsman for children and the National commission of security deontology.

Links

Update date: Mon, 2012-05-28

B2. Recognition of legal capacity

The legal framework for adult legal protection in France consists in three levels of legal supervision for ‘protected adults’: (1) judicial safeguard (Sauvegarde de justice – caretaking with full capacity), (2) ‘curatorship’ (curatelle – partial guardianship) and (3) ‘tutorship’ (tutelle – full guardianship). The Law n°2007-308 of 5 March 2007 reforming legal protection of adults (Civil Code) came into force on 1 January 2009. Its implementation depends on administrative regulations (décrets d’application) enacted progressively. Article 425 of the Civil Code does not provide a precise definition of ‘capacity’, nor does it recognise degrees of incapacity, but rather focuses on the consequences of incapacity and holds that “any person unable to provide for his/her own interests because of an alteration, medically attested, of his/her mental or body faculties likely to prevent him/her from expressing his/her will can benefit from one of the legal protection measures.” A guardianship judge (juge des tutelles) makes a decision, taking into account the degree of incapacity in each case, assisted by medical advice The Law of 5 March 2007 substituted these criteria for the previous criteria of ‘prodigality’, ‘intemperance’ and ‘idleness’. In other term, social considerations alone are not sufficient to order this legal protection.

The people entitled to request that an adult lacking capacity should be placed under protective regime are: the person requiring protection; a spouse; a civil partner; a cohabiting partner; a relative; a person with close and stable ties with the person; and the public prosecutor. In addition a request for judicial safeguard may be made by a doctor if he/she is treating a person in need of protection. Then he/she files a request to the public prosecutor with the medical advice of a psychiatrist (Article 434 of the Civil Code). Since the 5 March 2007 Act, the principle is that the protected adult can freely choose the person or body that will implement the measures. Under the judicial safeguard regime, the appointment of a representative is not compulsory. If intervention is necessary, he/she is chosen by the protected adult, or the judge will appoint a special representative (Article 437 of the Civil Code). Under curatorship and tutorship, the protected adult also plays an important role in designating a guardian either by choosing one by him/herself or, when it is incumbent on the judge to do so, by having his/her opinion taken into account (Article 448 of the Civil Code). The rule is that in the event that the protected adult has made no choice, the judge will choose, in order, a spouse, a registered partner, a relative or a person having close and stable ties with the adult (Article 449 of the Civil Code). Finally, if none of these people is available, the judge will appoint a person appearing on the list of judicial representatives (Article 450 of the Civil Code).

The Act of 2007 also introduced a new possibility: a mandate of future protection.

Under Article 122-1 of the Penal Code, a person is not criminally responsible when at the moment of the events he/she suffered from psychiatric or neuropsychiatric disorders that altered his judgment and the control of his acts. These provisions aim to protect people with significant mental disorders from a criminal sentence that they are not able to understand. Since the Law 2008-174 of 25 Feburary 2008 regarding security confinement and declaration of penal irresponsibility because of a mental disorder, a person declared free from criminal responsibility because of a mental disorder may be hospitalised against his consent. The decision is made by a judge, who must immediately inform the prefect (Article 3213-7 of the Public Health Code). The prefect remains free to order hospitalisation or not.

Links

Update date: Mon, 2012-05-28

B3. Accessibility of voting and elections

Until the law of 11 February 2005, a person under tutorship could not register on electoral rolls and could not vote (whereas people under curatorship could vote). The law of 2005 allows a judge to give a person under tutorship the right to vote. Accordingly Article 5 of the Electoral Code preventing a person under tutorship from voting has been modified since February 12 2005. The law of 5 March 2007 reforming adult legal protection strengthens the right to vote and the spirit of the law is that the right to vote for persons under tutorship is the norm. However the judge has still the power to decide otherwise.

For persons placed in hospital without their consent, but who are not under tutorship it is expressly stipulated by the Public Health Code that such a person has the right to vote (Article L. 3211-3).

Article L 62-2 of the Electoral Code stipulates that polling stations and voting technologies must be accessible to disabled persons, whatever their disability, physical, sensory, intellectual or mental health, but it seems that these provisions concern more people with physical disability than people with intellectual disabilities or mental health disorders as the various measures of implementation of this principle focus on physical accessibility.

Links

Update date: Mon, 2012-05-28

B4. Official recognition of sign language

The law n° 2005-102 of 11 February 2005 recognises sign language as an official language, namely in Article 19 under Title IV Accessibility, in chapter 1 related to education and training and in Article 75 under Title VI Citizenship and social participation, related to choice of language in school.

“French sign language is recognised as a fully fledged language. Any concerned pupil/student has the right to be taught in French sign language [...]”. This official recognition is included in the Code of Education Art. L.112-3 and Art. L312-9-1.

In complement of Article 75, Article 74 makes provision for TV programs accessibility for deaf and hearing impaired persons (all programs of public channels and private ones whose average annual audience is above 2.5%; 20 to 40% of the programs of the other private channels). Article 76 states that in administrative, civil and penal jurisdictions any deaf person has the benefit of the adapted communication device of her choice, whose cost is taken care of by the State. Article 77 makes provision for adapted examination conditions and assistance of a sign language interpreter for deaf or hearing impaired persons to get a driving license. Article 78 holds that in relation to any public service hearing impaired persons may request a written or visual translation of any oral information concerning them, or the assistance of a sign language interpreter. Decree n° 2008-346 of 14 April 2008 provides for access of hearing impaired persons to emergency calls.

Links

Update date: Mon, 2012-05-28

B5. National disability strategy and action plan

We do not yet have information for this item

Update date: Tue, 2013-08-13

C. Accessibility

C1. Transport accessibility

The legal framework for the public policy on accessibility is the law n° 2005-102 of 11 February 2005. Title IV: Accessibility, is divided into three chapters - Education and training, Employment, and Built environment, Transport and New technologies.

To implement the law, an inter-ministerial Observatory for accessibility and universal design (Observatoire interministériel de l’accessibilité et de la conception universelle) was created on 11 February 2010 with the mission of monitoring the developments, identifying the challenges to the implementation of accessibility, disseminating good practice and developing monitoring indicators.

Links

Update date: Mon, 2012-05-28

C2. Built environment accessibility

The law n° 2005-102 of 11 February 2005,in Titre IV Accessibility, Chapitre III: Built environment, transports and new technologies, requires that by 2015 all housing buildings, buildings open to the public, workplaces, whether public or private, new or old, are accessible to all types of impairment. This is not mandatory for owners who build or improve a dwelling for their own use.

A series of decrees and orders issued between 2006 and 2009, detail the standards for the accessibility of buildings and access to buildings:

Arrêté du 21 mars 2007, Circulaire interministérielle no DGS/2006/271 – DGUHC/2006/48 of 14 June 2006, Circulaire interministérielle n° 2006-96 of 21 December 2006, Circulaire interministérielle of 14 December 2007, Circulaire interministérielle of 20 April 2009.

Since 2006 the Parliament has made several attempts to introduce departures from the legislation on accessibility of the built environment. So far, all these attempts have been censured by the constitutional council after submission of the cases by disabled persons NGOs.

Links

Update date: Mon, 2012-05-28

C3. ICT and Web accessibility

The Law n° 2005-102 of 11 February 2005,in Titre IV Accessibility, Chapitre III-Built environment, transports and new technologies,Article 47 states that all types of on line State communication services, whether national or local, should be accessible. Decree of 14 May 2009 for the implementation of article 47sets the dates of implementation and the standards of accessibility of State ICT and web services: by 16 May 2011 for the State and State-related communication services and 16 May 2012 for the local public services. Complementary orders detail the standards of accessibility of these services.

Links

Update date: Mon, 2012-05-28

D. Independent living

D1. Choice of living arrangements

Legally speaking there is no obligation for a disabled person to live in a particular living arrangement, such as an institution rather than in the community, except in particular cases for persons with a mental health condition, diagnosed as needing urgent psychiatric treatment and whose hospitalisation without or against their consent can be requested by a third party, such as family, medical doctor or prefect (regional State representative). However de facto the lack of accessibility, the insufficient number of personal assistance services and the scarceness of individual resources may not allow very dependent persons living on their own to employ personal assistants and live independently. Therefore they can find themselves with no other alternative than to enter institutions. This is the type of situation that the law n° 2005-102 of 11 February 2005 intended to improve by creating the Disability Compensation Benefit (Prestation de compensation /PCH), individual budget that should allow for more personal assistance, home adaptations and assistive devices.

Article 459-2 of the Civil Code states that a person under legal protection (curatorship or tutorship ) chooses the place where to live. He/She is free to have relationships with anyone, relative or not. He/She has the right to be visited and to be put up by them.

Article 426 of the Civil Code states that the accommodation and the furniture of a judicially protected person remain at his/her disposal as long as possible.

People with disabilities have the same right to housing benefits as others.

The law of 11 February 2005 created an independent living supplement to the AAH (Allowance to Disabled Adults /Allocation aux adultes handicapés), meant to enable and support independent living for people with severe disabilities.

Links

Update date: Mon, 2012-05-28

D2. De-institutionalisation

The public policy conception of disability was renewed with the adoption of the Law no. 2005-102 of 11 February 2005 which focuses on integration in all areas of life and all decrees to enforce those principles in the workplace, access to school, urban renovation and public support and creates quotas of employment in both the private and public sectors.

Links

Update date: Mon, 2012-05-28

D3. Quality of social services

The National agency for the assessment and quality of social and medico-social institutions and services (ANESM / Agence nationale de l’évaluation et de la qualité des établissements et services sociaux et medico-sociaux) created in 2007 is responsible for the statement of the principles of good practice, the accreditation of bodies in charge of assessing the quality of social and medico-social institutions and services, and controls the efficiency of their assessment activities. For that purpose, ANESM draws on regional and cross-departmental programmess of supervision, control and evaluation, implemented by regional and departmental public authorities in charge of social and health actions (DRASS, DDASS & MRIICE / Direction régionale et directions départementales des affaires sanitaires et sociales, Missions Régionale et interdépartementale d’inspection, de contrôle et d’évaluation). These programmes may focus on the prevention of unfair treatment in special institutions such as schools, psychiatric clinics, sheltered workshops for instance, and services such as nursing care at home.

Links

Update date: Mon, 2012-05-28

D4. Provision of assistive devices at home

The national agency for solidarity and autonomy (CNSA) is in charge of implementing the national plan of medico-social services and provided a first assessment of the results in 2007.

Links

Update date: Mon, 2012-05-28

D5. Availability of personal assistance schemes

The Disability Compensation Benefit (PCH / prestation de compensation du handicap) individual budgets, created by the Law of 11 February 2005, are meant to compensate for additional living costs, namely for human assistance.

Links

Update date: Mon, 2012-05-28

D6. Income maintenance

When the young person is under 20, his/her family receive the Allocation d’éducation de l’enfant handicapé (AEEH) (Education allowance for a disabled child) is paid by Social Security and it contributes to education and care expenses for the child.

Income support for people aged 20 and over, related to disability are attributed through five different systems: (1) War invalidity pensions (Pension militaire d’invalidité - PMI); (2) Work injuries and occupational diseases benefit (Rente d’accident du travail ou de maladie professionnelle - RAT-MP); (3) Invalidity pension (contributory benefit) (Pension d’invalidité - PI); (4) means-tested non contributory disability benefit (Allocation aux adultes handicapés - AAH); and (5) Disability compensation benefit (Prestation de compensation du handicap - PCH). The conditions to be recorded in these different systems depend of the source of the injuries.

People who had a working activity and fulfilled the affiliation conditions to social security, are entitled to the contributory disability benefit called “Pension d’invalidité” (PI) (Invalidity pension) if their work capacity is reduced by 2/3 as a result of an accident or an illness not related to work activities. Three categories of PI can be attributed: Cat. 1: for claimants still able to work: 30% of the former wage; Cat. 2: for claimants unable to work: 50% of the former wage; Cat. 3: for claimants unable to work and in need of a personal assistance for everyday living activities: 50% of the former wage + attendant supplement. The PI can be (in the case of a very law amount when work was part time) accumulated with the non contributory disability benefit called “AAH” (see below) up to the full amount of AAH as a maximum.

For people who met early in their life a bad health condition, impairment or disability, have not worked long enough to be entitled to Social security protection, there is a (means-tested non-contributory) Disability benefit named Allocation aux Adultes Handicapés (AAH). This non contributory benefit is a social minimum which is attributed by the Commission des droits et de l’autonomie des personnes handicapées (CDAPH). There is also an Income supplement (Complément de ressources – CR) if the claimant’s work capacity is lower than 5%. To favour independent living, there is another supplement of AAH called “Majoration pour vie autonome – MVA” (literally extension for autonomous life). The last important measure taken for people with disability is the Disability compensation benefit (Prestation de compensation du handicap - PCH). The PCH is a non contributory benefit and not really a provision of income support, only a compensation of costs related to disabilities.

Links

Update date: Mon, 2012-05-28

D7. Additional costs

The Law n° 2005-102 of 11 February 2005 created the Disability Compensation Benefit (Prestation de compensation du handicap / PCH): a non contributory, non means-tested, not subject to taxation individual budget meant tocompensate for additional living costs in terms of human assistance, technical aids, adaptation of home, vehicle and extra-costs for transportation, animal assistance, and exceptional expenses.

The PCH is granted to persons whose disability generates permanently or for a foreseeable period of one year minimum an absolute difficulty to perform at least one basic Activity of Daily Living (ADL) or severe difficulty in performing at least two basic ADLs out of a list of 19 ADLs in the 4 following domains: personal care, mobility, communication, control and orientation.

The PCH intends to replace progressively the compensatory allowance for personal assistance (Allocation compensatrice tierce personne / ACTP). The ACTP, a means tested allowance, was granted to persons aged16 to 60 with an incapacity rate of 80% and a need for assistance for the main daily living activities. The amount of the allocation depended if the person could still perform a number of ADLs or could not do them at all. The persons who started to perceive the ACTP before 2006 are still entitled to keep this benefit instead of the PCH.

Links

Update date: Mon, 2012-05-28

D8. Retirement income

disability benefit (AAH), or he/she works as a “disabled worker” with an administrative recognition of his/her disability. However, in both cases, people with disabilities benefit from the social minima for French retired people: the retirement equivalence allowance (Allocation equivalent retraite – AER which became in July 2011 Allocation transitoire de solidarité – ATS).

For the AAH recipient, legally the person is automatically considered as unfit for work if aged 60, and can apply for a retirement income. At 59 years 5 months the pension fund calculates the level of the pension. AAH is paid until the effective payment of the retirement income (but he/she has to reimburse the money received in excess). If the level of retirement income is less than that of AAH, the person can keep AAH.

Links

Update date: Mon, 2012-05-28

E. Education

E1. Special schools

Law n° 2005-102 of 11 February 2005 in its Title IV: accessibility, Chapter I: Education and training, states that attending mainstream schools is mandatory for disabled children as for all children. Public schools are subject to an obligation of integration of disabled children, provided by law no 2005-102 and Code of Education, article L112-4, and to general principles of administrative law which include general principles of non discrimination. However, in parallel to this obligation, parents are free to place their child in a special school.

Links

Update date: Mon, 2012-05-28

E2. Mainstream schools

Law no 2005-102 of 11 February 2005provides an express obligation on the State to ensure education of all disabled children. The right to education and to reasonable accommodation within education of disabled children is affirmed in articles 19 to 22 of the Law. Article 11 affirms a right of access to local mainstream schools and the right to a personalised educational project.

Since 2005, amongst other missions, the Commission for the Rights and the Autonomy of Disabled Persons must determine whether a child, in accordance with his or her personal life project, should be placed in the mainstream educational system, in some cases with special support, in specialised classes (CLIS) or in specialised institutions. The Regional administration of National Education (Académie) participates in this commission, in coordination with all persons involved in the support and the education of the child.

Links

Update date: Mon, 2012-05-28

E3. Sign language and Braille in school

In article 75, the Lawn° 2005-102 of 11 February 2005 introduces Article L 312-9-1 to the Code of Education in order to officially recognise the French sign language for persons with impaired hearing.

Links

Update date: Mon, 2012-05-28

E4. Vocational training

Vocational training and guidance is covered by article 225-2 PC, L1132-1 LC and Article 6 quinquies of Law n° 83-634 of 13 July 1983 as modified by the Law of 16 November 2001.

In January 2006 and March 2008, some adaptation measures of vocational training for disabled persons were taken.

Links

Update date: Mon, 2012-05-28

E5. Higher education

Accessibility to higher education and provisions regarding learning materials and adapted equipment are framed by the several pieces of legislation, including Law n° 2005-102 of 11 February 2005 TITRE IV : ACCESSIBILITÉ Chapitre Ier, the Code of Education, Art. L112-4 and Decree n° 2005-1617 of 21 December 2005.

It is the responsibility of universities to define their financial needs in terms of collective accommodations and services and to submit them to the Ministry of Higher Education and Research for funding. These accommodations and adapted materials include tutoring and other forms of individual support, adapted examination conditions, sign language interpretations, adapted computers and Braille transcription.

Links

Update date: Mon, 2012-05-28

F. Employment

F1. Non-discrimination in employment

The principle of non-discrimination was applied in France in employment policy after two main laws.

The Law n° 90-602 of 12 July 1990 regarding the protection of persons against discriminations because of their health state or disabilitywas meant originally to protect people with AIDS. Disability was added as a cause of discrimination which would be prohibited and punished by penal courts. The Law 2005-102 of 11 February 2005 extended the principle of non-discrimination according to the EU Council Directive 2000/78/EC framework for equal treatment in employment and occupation, in 2005. In the chapter on employment in the 2009 report of the government on the implementation of the national policy towards people with disabilities, there is no mention of non-discrimination. However, among proposals for the future, within a new plan for the employment of people with disabilities, the topic of non-discrimination is broached through the need of training sessions for civil servants about equality of opportunities.

There are some exceptions in regard of the banning of discrimination in employment of people with disabilities. Article 225-3 of the Penal Code states, the provisions of Article 225-1 (motives of discrimination) are not implemented: to the discriminations based on the health state of disability when they consist of a hiring refusal or a dismissal motivated by a medically recognised unfitness to the post according to the Title IV of Book II of the Labour regulations (Code du Travail), or according to the health provisions related to public service; to the discrimination in hiring, based on gender, age, or physical appearance, when such a motive consists in an essential and determining professional requirement …

In parallel with anti-discrimination legislation, a6% quota of employees with disabilities within the workforce should be respected by employers of at least 20 employees in both the private and public sectors.

The law of 2005 started an activation policy for people who benefit from the non contributory disability benefit (Allocation aux adultes handicapés - AAH). It is possible now for them to draw concurrently this benefit and earnings. Thus, a part of the payments from work activities is withdrawn from the ceiling income used to limit the allocation of AAH.

Sheltered workwas and remains also a basic element of the French employment policy for people with disabilities. There are two types of institutions: Entreprises Adaptées (EAs) (literally Adapted Companies) for people unable to work in companies without substantial accommodations in the open labour market, which have to employ 80% of people having the recognition of the quality of disabled worker (RQTH); and ‘Etablissements et services d’aide par le travail’ (ESAT) devoted to people with a working capacity below 30% of the French standard productivity for the same work position.

In order to boost the improvement of the living conditions for people with disabilities, the Government adopted in 2009 a National Employment Pact for People with Disabilities (Pacte national pour l’emploi des personnes handicapées).

Links

Update date: Mon, 2012-05-28

F2. Public employment services

The current legislation regarding public employment services (PES) in France is the Law n°2008-126 of 13 February 2008 reforming the organisation of public employment services.

This act merged two core parts of the French employment policy: the national interprofessional union for employment in industry and commerce (Union nationale interprofessionnelle pour l’emploi dans l’industrie et le commerce /UNEDIC) and the National agency for employment (Agence nationale pour l’emploi / ANPE).

The new organisation which came into force in January 2009, as a merger of the ASSEDICs and ANPE networks, is now named ‘Pôle emploi’. The principal functions of Pôle emploi are:

  • To collect employer’s and employees’ contributions to unemployment insurance
  • To receive and register jobseekers
  • To calculate and pay contributory unemployment benefits (Allocation d’aide au retour à l’emploi – ARE) to jobseekers entitled to it.
  • To pay the non-contributory benefit for people who are not (or not anymore) entitled to ARE such as Allocation de solidarité spécifique (ASS) for jobseekers who worked at least 5 years in the past 10 years before unemployment or Allocation temporaire d’attente (ATA) for unemployed foreigners legally staying in France or Allocation en faveur des demandeurs d’emploi en formation for jobseekers who accepted participation in a long training programme.
  • To support and to guide each jobseeker along his/her search for employment but also for job-to-job transitions
  • To explore the labour market in inquiring into job opportunities proposed or planned by companies
  • To assist employers in their recruiting
  • To finance some training sessions to jobseekers entitled to ARE.
  • To analyse the labour market
  • To develop new employment-related services

In order to benefit from the various measures of support set by the law, people with disabilities seeking employment have to register with the public employment services – with the mainstream ‘Pôle emploi’, or with specialised services like ‘Cap emploi’.

Links

Update date: Mon, 2012-05-28

F3. Workplace adaptations

The main legal provisions requiring that adaptations and accessibility of workplaces should be completed by 2015, are contained in law n° 2005-102 of 11 February 2005, Title IV- Accessibility, Chapter III: ‘Built environment, transports, new technologies’. Article 41 applies to all buildings, internal and external equipment, whether housing buildings, buildings receiving public, workplaces. Decree n° 2009-1272 of 21 October 2009 regarding accessibility of workplaces for disabled employees reinforces the provisions of the 2005 law on workplaces and provides details on the norms and standards of adaptations. The law as well as the decree makes also provisions for departures from the law (Art.R 4214-27) that can be granted by the Prefect (higher regional public authority) on the basis of assessed technical impossibility.

The majority of workplace adaptations is paid by AGEFIPH (Association de gestion du fonds pour l’insertion professionnelle des personnes handicapées), fund for the vocational integration of disabled persons.

Links

Update date: Mon, 2012-05-28

F4. Financial incentives

AGEFIPH (Association de gestion du fonds pour l’insertion professionnelle des personnes handicapées /Organisation for the management of the fund for the vocational integration of disabled persons) is a para-governmental organisation responsible for collecting and managing the fines of companies that do not meet their quota of disabled workers. The collected funds are redistributed to companies in terms of supports either as financial aids or through various training programmes.

Links

Update date: Mon, 2012-05-28

G. Statistics and data collection

G1. Official research

The official department responsible for research on disability is the Department of research, studies, evaluation and statistics (DREES /Direction de la recherche, des études, de l’évaluation et des statistiques) of the Ministry of health. DREES is part of the public statistical system, and responsible for collecting, analysing and publishing reliable data on populations, social and health systems and policies.

DREES steers with INSEE (National institute of statistics and economic studies) the disability surveys and provides all statistics and trends related to disability and to the implementation of public disability policy other than employment, which is dedicated to DARES, Direction of research, studies and statistics of the Ministry of Labour, employment and health.

Links

Update date: Mon, 2012-05-28

G2. Census data

There is a national Census carried out by INSEE (National institute of statistics and economic studies) but it does not include a specific question on disability.

Links

Update date: Mon, 2012-05-28

G3. Labour Force Survey

The most recent Labour Force Survey carried out in France in 2007 by INSEE (National Institute of statistics and economic studies) covered a total of 39,390,000 French people of working age (15-64), out of whom 9,595,000 were recorded as having a disability and 1,813,000 of those had an official acknowledgement of disability by one administration or the other.This recognition can be either on the basis of disability benefits by Social Security Committees as a result of work injuries, occupational diseases or disabling illnesses, or by the departmental Commissions of rights and autonomy for persons with disabilities (Commission des droits et de l’autonomie des personnes handicapées –CDAPH) when the person either did not work before or because the cause of his/her disabilities was not covered by Social Security’s rules.

Links

Update date: Mon, 2012-05-28

G4. Disability equality indicators

The available disability indicators are most often meant to assess the achievements in regard to the objectives set by public policies (principally social and employment policies) rather than to monitor the implementation of equality. Even if public policies objectives may converge toward or meet equality principles, the approach in setting indicators is different. A consequence is that indicators are set by sector of public activity and scattered among various administrations.

Another source of disability indicators is the DARES (Direction of research, studies and statistics of the Ministry of labour, employment and health), which provides indicators of employment and unemployment of disabled persons.

The Observatory for accessibility and universal design created in 2010, whose missions are to monitor the developments, identify the challenges to the implementation of accessibility, disseminate good practice and develop monitoring indicators, does not provide indicators on its website.

A set of disability indicators established by DREES and INSEE in 2009 is intended to follow the evolution of the beneficiaries of public provisions.

Links

Update date: Mon, 2012-05-28

H. Awareness and external action

H1. Awareness raising programs

The 2011 report of the government on the implementation of the national disability policy from June 2008 to June 2011 does not mention the development of programmes to promote public awareness of the rights and equality of disabled persons.

Links

Update date: Mon, 2012-05-28

H2. Training for teachers

Disability awareness and equality issues are not as such an official part of any initial training programme. There is a slow emergence of new Masters on disability, mainly in social sciences and in physical medicine and rehabilitation.

That report of the government on the implementation of public disability policy mentions (p. 64) that universities deliver a number of initial professional training programmes on disability for teachers but does not list them and they cannot be found on the web site of the ministry of higher education and research.

It also mentions that there are curricula, principally in technical sciences and health, focusing on disability that are available in whole of France, as well as a few Masters specialising in children with special educational needs.

Links

Update date: Mon, 2012-05-28

H3. Training for lawyers

We do not yet have information on this item.

Update date: Mon, 2012-05-28

H4. Training for doctors

We do not yet have information on this item.

Update date: Mon, 2012-05-28

H5. Training for engineers

The field of accessibility appears to be the most active in setting norms, requirements and obligations within the training of the concerned professions. A seriesof legislative decrees and arrêtés have been issued since the law of 11 February 2005.

Update date: Mon, 2012-05-28

H6. International development aid

We do not yet have information on this item.

Update date: Wed, 2013-04-24

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                    [access] => 0
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        )

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                    [access] => 0
                    [path] => 
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                    [access] => 0
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                    [access] => 0
                    [path] => 
                    [ordering] => 4
                    [state] => 1
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                    [slug] => a4-comprehensive-review
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                    [access] => 0
                    [path] => 
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                    [state] => 1
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                    [level] => 2
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                    [path] => 
                    [ordering] => 6
                    [state] => 1
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                    [checked_out] => 0
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                    [state] => 1
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                    [level] => 2
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                    [access] => 0
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                    [access] => 0
                    [path] => 
                    [ordering] => 12
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 13
                    [state] => 1
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            [13] => stdClass Object
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                    [rgt] => 27
                    [level] => 2
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                    [access] => 0
                    [path] => 
                    [ordering] => 14
                    [state] => 1
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            [14] => stdClass Object
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                    [rgt] => 29
                    [level] => 2
                    [slug] => b4-official-recognition-of-sign-language
                    [title] => B4. Official recognition of sign language
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                    [access] => 0
                    [path] => 
                    [ordering] => 15
                    [state] => 1
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            [15] => stdClass Object
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                    [rgt] => 31
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                    [access] => 0
                    [path] => 
                    [ordering] => 16
                    [state] => 1
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            [16] => stdClass Object
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                    [access] => 0
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                    [ordering] => 17
                    [state] => 1
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            [17] => stdClass Object
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                    [level] => 2
                    [slug] => c1-transport-accessibility
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                    [access] => 0
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            [18] => stdClass Object
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                    [access] => 0
                    [path] => 
                    [ordering] => 19
                    [state] => 1
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            [19] => stdClass Object
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                    [rgt] => 39
                    [level] => 2
                    [slug] => c3-ict-and-web-accessibility
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                    [access] => 0
                    [path] => 
                    [ordering] => 20
                    [state] => 1
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            [20] => stdClass Object
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                    [id] => 22
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                    [level] => 1
                    [slug] => d-independent-living
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                    [access] => 0
                    [path] => 
                    [ordering] => 21
                    [state] => 1
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            [21] => stdClass Object
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                    [lft] => 42
                    [rgt] => 43
                    [level] => 2
                    [slug] => d1-choice-of-living-arrangements
                    [title] => D1. Choice of living arrangements
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                    [access] => 0
                    [path] => 
                    [ordering] => 22
                    [state] => 1
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            [22] => stdClass Object
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                    [lft] => 44
                    [rgt] => 45
                    [level] => 2
                    [slug] => d2-de-institutionalisation
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 23
                    [state] => 1
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            [23] => stdClass Object
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                    [lft] => 46
                    [rgt] => 47
                    [level] => 2
                    [slug] => d3-quality-of-social-services
                    [title] => D3. Quality of social services
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 24
                    [state] => 1
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                    [lft] => 48
                    [rgt] => 49
                    [level] => 2
                    [slug] => d4-provision-of-assistive-devices-at-home
                    [title] => D4. Provision of assistive devices at home
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 25
                    [state] => 1
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                    [checked_out] => 0
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                    [level] => 2
                    [slug] => d5-availability-of-personal-assistance-schemes
                    [title] => D5. Availability of personal assistance schemes
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                    [access] => 0
                    [path] => 
                    [ordering] => 26
                    [state] => 1
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            [26] => stdClass Object
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                    [id] => 28
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                    [level] => 2
                    [slug] => d6-income-maintenance
                    [title] => D6. Income maintenance
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 27
                    [state] => 1
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            [27] => stdClass Object
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                    [level] => 2
                    [slug] => d7-additional-costs
                    [title] => D7. Additional costs
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 28
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [28] => stdClass Object
                (
                    [id] => 30
                    [parent_id] => 22
                    [lft] => 56
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                    [level] => 2
                    [slug] => d8-retirement-income
                    [title] => D8. Retirement income
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 29
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [29] => stdClass Object
                (
                    [id] => 31
                    [parent_id] => 1
                    [lft] => 59
                    [rgt] => 70
                    [level] => 1
                    [slug] => e-education
                    [title] => E. Education
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 30
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 5
                )

            [30] => stdClass Object
                (
                    [id] => 32
                    [parent_id] => 31
                    [lft] => 60
                    [rgt] => 61
                    [level] => 2
                    [slug] => e1-special-schools
                    [title] => E1. Special schools
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 31
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [modified_by] => 548
                    [children] => 0
                )

            [31] => stdClass Object
                (
                    [id] => 33
                    [parent_id] => 31
                    [lft] => 62
                    [rgt] => 63
                    [level] => 2
                    [slug] => e2-mainstream-schools
                    [title] => E2. Mainstream schools
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 32
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [modified_by] => 548
                    [children] => 0
                )

            [32] => stdClass Object
                (
                    [id] => 34
                    [parent_id] => 31
                    [lft] => 64
                    [rgt] => 65
                    [level] => 2
                    [slug] => e3-sign-language-and-braille-in-school
                    [title] => E3. Sign language and Braille in school
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 33
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [33] => stdClass Object
                (
                    [id] => 35
                    [parent_id] => 31
                    [lft] => 66
                    [rgt] => 67
                    [level] => 2
                    [slug] => e4-vocational-training
                    [title] => E4. Vocational training
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 34
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [34] => stdClass Object
                (
                    [id] => 36
                    [parent_id] => 31
                    [lft] => 68
                    [rgt] => 69
                    [level] => 2
                    [slug] => e5-higher-education
                    [title] => E5. Higher education
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 35
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                )

            [35] => stdClass Object
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                    [id] => 37
                    [parent_id] => 1
                    [lft] => 71
                    [rgt] => 80
                    [level] => 1
                    [slug] => f-employment
                    [title] => F. Employment
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 36
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [modified_by] => 548
                    [children] => 4
                )

            [36] => stdClass Object
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                    [id] => 38
                    [parent_id] => 37
                    [lft] => 72
                    [rgt] => 73
                    [level] => 2
                    [slug] => f1-non-discrimination-in-employment
                    [title] => F1. Non-discrimination in employment
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 37
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [37] => stdClass Object
                (
                    [id] => 39
                    [parent_id] => 37
                    [lft] => 74
                    [rgt] => 75
                    [level] => 2
                    [slug] => f2-public-employment-services
                    [title] => F2. Public employment services
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 38
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [38] => stdClass Object
                (
                    [id] => 40
                    [parent_id] => 37
                    [lft] => 76
                    [rgt] => 77
                    [level] => 2
                    [slug] => f3-workplace-adaptations
                    [title] => F3. Workplace adaptations
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 39
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [39] => stdClass Object
                (
                    [id] => 41
                    [parent_id] => 37
                    [lft] => 78
                    [rgt] => 79
                    [level] => 2
                    [slug] => f4-financial-incentives
                    [title] => F4. Financial incentives
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 40
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [40] => stdClass Object
                (
                    [id] => 42
                    [parent_id] => 1
                    [lft] => 81
                    [rgt] => 90
                    [level] => 1
                    [slug] => g-statistics-and-data-collection
                    [title] => G. Statistics and data collection
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 41
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 4
                )

            [41] => stdClass Object
                (
                    [id] => 43
                    [parent_id] => 42
                    [lft] => 82
                    [rgt] => 83
                    [level] => 2
                    [slug] => g1-official-research
                    [title] => G1. Official research
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 42
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [42] => stdClass Object
                (
                    [id] => 44
                    [parent_id] => 42
                    [lft] => 84
                    [rgt] => 85
                    [level] => 2
                    [slug] => g2-census-data
                    [title] => G2. Census data
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 43
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
                )

            [43] => stdClass Object
                (
                    [id] => 45
                    [parent_id] => 42
                    [lft] => 86
                    [rgt] => 87
                    [level] => 2
                    [slug] => g3-labour-force-survey
                    [title] => G3. Labour Force Survey
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 44
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                )

            [44] => stdClass Object
                (
                    [id] => 46
                    [parent_id] => 42
                    [lft] => 88
                    [rgt] => 89
                    [level] => 2
                    [slug] => g4-disability-equality-indicators
                    [title] => G4. Disability equality indicators
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 45
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [45] => stdClass Object
                (
                    [id] => 47
                    [parent_id] => 1
                    [lft] => 91
                    [rgt] => 104
                    [level] => 1
                    [slug] => h-awareness-and-external-action
                    [title] => H. Awareness and external action
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 46
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 6
                )

            [46] => stdClass Object
                (
                    [id] => 48
                    [parent_id] => 47
                    [lft] => 92
                    [rgt] => 93
                    [level] => 2
                    [slug] => h1-awareness-raising-programs
                    [title] => H1. Awareness raising programs
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 47
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [47] => stdClass Object
                (
                    [id] => 49
                    [parent_id] => 47
                    [lft] => 94
                    [rgt] => 95
                    [level] => 2
                    [slug] => h2-training-for-teachers
                    [title] => H2. Training for teachers
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 48
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [48] => stdClass Object
                (
                    [id] => 50
                    [parent_id] => 47
                    [lft] => 96
                    [rgt] => 97
                    [level] => 2
                    [slug] => h3-training-for-lawyers
                    [title] => H3. Training for lawyers
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 49
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [49] => stdClass Object
                (
                    [id] => 51
                    [parent_id] => 47
                    [lft] => 98
                    [rgt] => 99
                    [level] => 2
                    [slug] => h4-training-for-doctors
                    [title] => H4. Training for doctors
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 50
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [50] => stdClass Object
                (
                    [id] => 52
                    [parent_id] => 47
                    [lft] => 100
                    [rgt] => 101
                    [level] => 2
                    [slug] => h5-training-for-engineers
                    [title] => H5. Training for engineers
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 51
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

            [51] => stdClass Object
                (
                    [id] => 53
                    [parent_id] => 47
                    [lft] => 102
                    [rgt] => 103
                    [level] => 2
                    [slug] => h6-international-development-aid
                    [title] => H6. International development aid
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 52
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
                    [modified_by] => 548
                    [children] => 0
                )

        )

    [results] => Array
        (
            [15] => stdClass Object
                (
                    [parent] => EU Member States
                    [location] => France
                    [location_id] => 15
                    [location_slug] => france
                    [themes] => Array
                        (
                            [3] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A1. Ratification or conclusion of the UN Convention
                                    [theme_slug] => a1-ratification-or-conclusion-of-the-un-convention
                                    [theme_id] => 3
                                    [contents] => France signed the UNCRDP on 30 March 2007 and ratified it on 18 February 2010. The ratification of the UNCRDP was enabled by Law 2009-1791 of 31 December 2009.
                                    [update_date] => 2012-05-28 16:26:44
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => National Assembly report on ratification of the Convention
                                                    [url] => http://www.assemblee-nationale.fr/13/rapports/r1929.asp
                                                )

                                        )

                                )

                            [4] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A2. Ratification or accession to the Optional Protocol
                                    [theme_slug] => a2-ratification-or-accession-to-the-optional-protocol
                                    [theme_id] => 4
                                    [contents] => France signed the Optional Protocol on 23 September 2008 and ratified it on 18 February 2010. The ratification of the Optional Protocol was enabled by Law 2009-1791 of 31 December 2009. The instruments of ratification were deposited at the UN on 18 February 2010. Consequently the Convention and the Optional Protocol entered into force in France on 20 March 2010.
                                    [update_date] => 2012-05-28 16:27:17
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => National Assembly report on ratification of the Convention
                                                    [url] => http://www.assemblee-nationale.fr/13/rapports/r1929.asp
                                                )

                                        )

                                )

                            [5] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A3. Declarations, Reservations and Objections
                                    [theme_slug] => a3-declarations-reservations-and-objections
                                    [theme_id] => 5
                                    [contents] => No reservations were entered. France entered an interpretive declaration on the term 'consent' in Article 15 as follows.

'The French Republic declares that it will interpret the term 'consent' in article 15 of the Convention in conformity with international instruments, in particular those that relate to human rights and biomedicine, and with national legislation, which is in line with these instruments. This means that, as far as biomedical research is concerned, the term 'consent' applies to two different situations:

1. Consent given by a person who is able to consent, and

2. In the case of persons who are not able to give their consent, permission given by their representative or an authority or body provided for by law.

The French Republic considers it important that persons who are unable to give their free and informed consent receive specific protection, without prejudice to all medical research of benefit to them. In addition to the permission referred to under paragraph 2 above, other protective measures, such as those included in the above-mentioned international instruments, are considered to be part of this protection.

With regard to article 29 of the Convention, the exercise of the right to vote is a component of legal capacity that may not be restricted except in the conditions and in accordance with the modalities provided for in article 12 of the Convention.' [update_date] => 2012-05-28 16:27:50 [links] => Array ( [0] => stdClass Object ( [title] => UNCRPD Declarations and Reservations [url] => http://www.un.org/disabilities/default.asp?id=475 ) ) ) [6] => stdClass Object ( [parent] => A. UN Convention status [theme_title] => A4. Comprehensive review [theme_slug] => a4-comprehensive-review [theme_id] => 6 [contents] => The General Secretary of the Interministerial Committee for Disability (CIH) /) -focal point coordinator- has informed the Liaison Group in charge of promoting, protecting and monitoring the CRDP that a review of the French legislation has been undertaken, but in January 2012 no document or any official statement was available. [update_date] => 2012-05-28 16:28:28 [links] => Array ( [0] => stdClass Object ( [title] => Inter-ministerial Committee for Disability (CIH) [url] => http://www.solidarite.gouv.fr/espaces,770/handicap,775/institutionnel,803/le-comite-interministeriel-du,1711/le-comite-interministeriel-du,11306.html ) ) ) [7] => stdClass Object ( [parent] => A. UN Convention status [theme_title] => A5. Focal point [theme_slug] => a5-focal-point [theme_id] => 7 [contents] => In accordance with Art.33.1 of the CRDP, the focal point within the government is the General Secretary of the Interministerial Committee for Disability (CIH / Comité interministériel du handicap chaired by Prime Minister). As focal point, he is responsible for coordinating the focal points that are expected to be designated within each ministry. In January 2012 these ministerial focal points were not officially designated and the coordination within the government is on hold. As focal point, the General Secretary is also a permanent member and secretary of the Commission for monitoring the Convention, and a permanent member of the Liaison Group. [update_date] => 2012-05-28 16:29:37 [links] => Array ( [0] => stdClass Object ( [title] => Interministerial Committee for Disability (CIH) [url] => http://www.solidarite.gouv.fr/espaces,770/handicap,775/institutionnel,803/le-comite-interministeriel-du,1711/le-comite-interministeriel-du,11306.html ) ) ) [8] => stdClass Object ( [parent] => A. UN Convention status [theme_title] => A6. Coordination mechanism [theme_slug] => a6-coordination-mechanism [theme_id] => 8 [contents] => The Government intends to establish a three-layer coordination mechanism:

1. Coordination of the focal points within the government not operational yet.

2. A commission specifically dedicated to the mission of monitoring the Convention (Commission de suivi de la Convention), created in October 2012 on request of the National advisory council of disabled persons (CNCPH) as one of its constituent working commissions.

Initially created by the Law of 30 June 1975 in favour of disabled persons, the CNCPH has seen its missions and composition officially extended in 2002 and 2006. CNCPH is a joint council of 74 representatives of disabled persons’ NGOs, civil society and Parliament, appointed for three years by the Minister in charge of disability matters.

3. A Liaison Group (Groupe de Liaison) including

  • the Ombudsman (Défenseur des droits)
  • a representative of the National advisory commission of human rights (Commission nationale consultative des droits de l'homme (CNCDH)
  • the president and vice-president of the National advisory council of disabled persons (Conseil National Consultatif des Personnes Handicapées / CNCPH)
  • the rapporteur of the CNCPH Commission for monitoring the Convention
  • a representative of the French Council of disabled persons for European matters (Conseil Français des personnes handicapées pour les questions européennes / CFHE), chair of the Convention monitoring commission
  • the General Secretary of the Interministerial Committee for Disability (CIH, created in November 2009), who is also Secretary of the National advisory council of disabled persons (CNCPH) and focal point.
[update_date] => 2012-05-28 16:32:43 [links] => Array ( [0] => stdClass Object ( [title] => Commission for Monitoring the Convention (Commission de suivi de la Convention) [url] => http://www.cfhe.org/mise_en_oeuvre_et_suivi.html ) [1] => stdClass Object ( [title] => National advisory council of disabled persons (Conseil national consultatif des personnes handicapées /CNCPH) [url] => http://www.officiel-handicap.fr/index.php?sub=text&scid=44&cid=10&lin=10 ) [2] => stdClass Object ( [title] => French council of disabled persons for European matters (Conseil français des personnes handicapées pour les questions européennes / CFHE) [url] => http://www.cfhe.org./que_faisons_nous_2.html ) [3] => stdClass Object ( [title] => Interministerial Committee for Disability (Comité interministériel du handicap / CIH) [url] => http://www.solidarite.gouv.fr/espaces,770/handicap,775/institutionnel,803/le-comite-interministeriel-du,1711/le-comite-interministeriel-du,11306.html ) [4] => stdClass Object ( [title] => Ombudsman (Défenseur des droits) [url] => http://defenseurdesdroits.fr/ ) [5] => stdClass Object ( [title] => National advisory commission of human rights (Commission nationale consultative des droits de l'homme /CNCDH) [url] => http://www.cncdh.fr/ ) ) ) [9] => stdClass Object ( [parent] => A. UN Convention status [theme_title] => A7. Independent mechanism [theme_slug] => a7-independent-mechanism [theme_id] => 9 [contents] => The National advisory council for human rights (CNCDH) and the ombudsman (Défenseur des droits) as national independent authorities warrants the independence of the coordination mechanism. [update_date] => 2012-05-28 16:33:26 [links] => Array ( [0] => stdClass Object ( [title] => National advisory council for human rights (CNCDH) [url] => http://www.cncdh.fr/ ) [1] => stdClass Object ( [title] => Ombudsman (Défenseur des droits) [url] => http://defenseurdesdroits.fr/ ) ) ) [10] => stdClass Object ( [parent] => A. UN Convention status [theme_title] => A8. Official reporting [theme_slug] => a8-official-reporting [theme_id] => 10 [contents] => France's initial state report was due 18 Mar 2012 but has not yet been finalised or submitted to the UN. [update_date] => 2015-03-03 13:38:17 [links] => Array ( [0] => stdClass Object ( [title] => State reports to the UN Committee [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=62&DocTypeID=29 ) [1] => stdClass Object ( [title] => Link to all UN reporting cycle documentation: [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=62 ) ) ) [11] => stdClass Object ( [parent] => A. UN Convention status [theme_title] => A9. Shadow reporting [theme_slug] => a9-shadow-reporting [theme_id] => 11 [contents] => Two shadow reports were anticipated in 2012 but not submitted formally to the UN Committee - from the ombudsman and from the French Council of disabled persons for European matters (CFHE). CFHE, as representative of disabled persons organizations, launched a national online consultation of disabled persons by means of a blog between November 2011 and June 2012. [update_date] => 2015-03-11 11:05:44 [links] => Array ( [0] => stdClass Object ( [title] => Civil society reports to the UN Committee [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=62&DocTypeID=14 ) [1] => stdClass Object ( [title] => Ombudsman (Défenseur des droits) [url] => http://defenseurdesdroits.fr/ ) [2] => stdClass Object ( [title] => French Council of disabled persons for European matters (CFHE): Consultation blog [url] => http://www.cfhe.org/participez.html ) ) ) [13] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B1. Anti-discrimination legislation [theme_slug] => b1-anti-discrimination-legislation [theme_id] => 13 [contents] => The general legal framework in France is the law n° 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of disabled persons.

Prohibition of any form of discrimination is a principle of constitutional value referred to in the preamble of the French Constitution (4 October 1958) and initially in the preamble of the French Declaration of human and citizen’s rights of 1789.

Discrimination comes within the criminal law and is defined in Article 225-1 of the penal Code : disability is one of the 18 criteria of prohibited discriminations along with origin, sex, family situation, pregnancy, physical look, family name, health state, disability, genetic characteristics, lifestyle, sexual orientation, age, political opinion, union activity, ethnicity, nationality, race, religion. Discrimination consists in denying the benefit of a legal right (such as the delivery of a good or a service), or hindering the normal exercise of any economic activity (such as employment, sanction or dismissal and so on).

Law n° 90-602 of 12 July 1990 regarding protection of persons against discriminations related to their health state or disability.

Law n° 2001-1066 of 16 November 2001 regarding the fight against discriminations,

mainly focused on employment (wages, vocational training, redirection, assignment, classification, qualification, professional promotion, relocation, contract renewal, sanction, dismissal).

Law n°2004-1486 of 30 December 2004 creating the High authority against discriminations and for equal rights (HALDE), competent for the broad spectrum of all discriminations, direct or indirect, prohibited by the law or by a binding international agreement. It has also a role of promotion of equal opportunities for all actors in society.

In 2011 the HALDE was replaced by the Ombudsman (Défenseur des droits) created by the Law n° 2011-333 of 29 March 2011. The Ombudsman now centralises the competences of the former HALDE, the ombudsman for children and the National commission of security deontology. [update_date] => 2012-05-28 16:36:54 [links] => Array ( [0] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of disabled persons [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000809647&dateTexte= ) [1] => stdClass Object ( [title] => French Constitution (4 October 1958) [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=LEGITEXT000006071194 ) [2] => stdClass Object ( [title] => Declaration of human and citizen’s rights of 1789 [url] => http://www.assemblee-nationale.fr/histoire/dudh/1789.asp ) [3] => stdClass Object ( [title] => Article 225-1 of the Penal Code [url] => http://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=106364488A70CE16F41E017C15BC817E.tpdjo10v_2?idArticle=LEGIARTI000006417835&cidTexte=LEGITEXT000006070719&dateTexte=20120228 ) [4] => stdClass Object ( [title] => Law n° 90-602 of 12 July 1990 [url] => http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=920CE0C4FE913223A9BBA620217F7F15.tpdjo02v_3?cidTexte=JORFTEXT000000350518&categorieLien=id ) [5] => stdClass Object ( [title] => Law n° 2001-1066 of 16 November 2001 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000588617&dateTexte ) [6] => stdClass Object ( [title] => Law n°2004-1486 of 30 December 2004 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000423967 ) [7] => stdClass Object ( [title] => Law n° 2011-333 of 29 March 2011 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000023781167&dateTexte=&categorieLien=id ) ) ) [14] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B2. Recognition of legal capacity [theme_slug] => b2-recognition-of-legal-capacity [theme_id] => 14 [contents] => The legal framework for adult legal protection in France consists in three levels of legal supervision for ‘protected adults’: (1) judicial safeguard (Sauvegarde de justice – caretaking with full capacity), (2) ‘curatorship’ (curatelle – partial guardianship) and (3) ‘tutorship’ (tutelle – full guardianship). The Law n°2007-308 of 5 March 2007 reforming legal protection of adults (Civil Code) came into force on 1 January 2009. Its implementation depends on administrative regulations (décrets d’application) enacted progressively. Article 425 of the Civil Code does not provide a precise definition of ‘capacity’, nor does it recognise degrees of incapacity, but rather focuses on the consequences of incapacity and holds that “any person unable to provide for his/her own interests because of an alteration, medically attested, of his/her mental or body faculties likely to prevent him/her from expressing his/her will can benefit from one of the legal protection measures.” A guardianship judge (juge des tutelles) makes a decision, taking into account the degree of incapacity in each case, assisted by medical advice The Law of 5 March 2007 substituted these criteria for the previous criteria of ‘prodigality’, ‘intemperance’ and ‘idleness’. In other term, social considerations alone are not sufficient to order this legal protection.

The people entitled to request that an adult lacking capacity should be placed under protective regime are: the person requiring protection; a spouse; a civil partner; a cohabiting partner; a relative; a person with close and stable ties with the person; and the public prosecutor. In addition a request for judicial safeguard may be made by a doctor if he/she is treating a person in need of protection. Then he/she files a request to the public prosecutor with the medical advice of a psychiatrist (Article 434 of the Civil Code). Since the 5 March 2007 Act, the principle is that the protected adult can freely choose the person or body that will implement the measures. Under the judicial safeguard regime, the appointment of a representative is not compulsory. If intervention is necessary, he/she is chosen by the protected adult, or the judge will appoint a special representative (Article 437 of the Civil Code). Under curatorship and tutorship, the protected adult also plays an important role in designating a guardian either by choosing one by him/herself or, when it is incumbent on the judge to do so, by having his/her opinion taken into account (Article 448 of the Civil Code). The rule is that in the event that the protected adult has made no choice, the judge will choose, in order, a spouse, a registered partner, a relative or a person having close and stable ties with the adult (Article 449 of the Civil Code). Finally, if none of these people is available, the judge will appoint a person appearing on the list of judicial representatives (Article 450 of the Civil Code).

The Act of 2007 also introduced a new possibility: a mandate of future protection.

Under Article 122-1 of the Penal Code, a person is not criminally responsible when at the moment of the events he/she suffered from psychiatric or neuropsychiatric disorders that altered his judgment and the control of his acts. These provisions aim to protect people with significant mental disorders from a criminal sentence that they are not able to understand. Since the Law 2008-174 of 25 Feburary 2008 regarding security confinement and declaration of penal irresponsibility because of a mental disorder, a person declared free from criminal responsibility because of a mental disorder may be hospitalised against his consent. The decision is made by a judge, who must immediately inform the prefect (Article 3213-7 of the Public Health Code). The prefect remains free to order hospitalisation or not. [update_date] => 2012-05-28 16:38:38 [links] => Array ( [0] => stdClass Object ( [title] => Law n°2007-308 of 5 March 2007 [url] => http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=3DBE5D3D3746904552D0A5D80019DE6C.tpdjo02v_3?cidTexte=JORFTEXT000000430707&categorieLien=id ) [1] => stdClass Object ( [title] => Civil Code [url] => http://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000006427435 ) [2] => stdClass Object ( [title] => Law 2008-174 of 25 February 2008 regarding security confinement and declaration of penal irresponsibility because of a mental disorder [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000018162705 ) ) ) [15] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B3. Accessibility of voting and elections [theme_slug] => b3-accessibility-of-voting-and-elections [theme_id] => 15 [contents] => Until the law of 11 February 2005, a person under tutorship could not register on electoral rolls and could not vote (whereas people under curatorship could vote). The law of 2005 allows a judge to give a person under tutorship the right to vote. Accordingly Article 5 of the Electoral Code preventing a person under tutorship from voting has been modified since February 12 2005. The law of 5 March 2007 reforming adult legal protection strengthens the right to vote and the spirit of the law is that the right to vote for persons under tutorship is the norm. However the judge has still the power to decide otherwise.

For persons placed in hospital without their consent, but who are not under tutorship it is expressly stipulated by the Public Health Code that such a person has the right to vote (Article L. 3211-3).

Article L 62-2 of the Electoral Code stipulates that polling stations and voting technologies must be accessible to disabled persons, whatever their disability, physical, sensory, intellectual or mental health, but it seems that these provisions concern more people with physical disability than people with intellectual disabilities or mental health disorders as the various measures of implementation of this principle focus on physical accessibility. [update_date] => 2012-05-28 16:39:28 [links] => Array ( [0] => stdClass Object ( [title] => Article L-5 modified of the Electoral Code [url] => http://droit-finances.commentcamarche.net/legifrance/17-code-electoral/51109/conditions-requises-pour-etre-electeur ) [1] => stdClass Object ( [title] => Article L 62-2 of the Electoral Code [url] => http://www.conseil-constitutionnel.fr/conseil-constitutionnel/francais/election-presidentielle-2012/textes-applicables/code-electoral.104274.html ) [2] => stdClass Object ( [title] => Public Health Code Article L. 3211-3 [url] => http://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000021941771 ) ) ) [16] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B4. Official recognition of sign language [theme_slug] => b4-official-recognition-of-sign-language [theme_id] => 16 [contents] => The law n° 2005-102 of 11 February 2005 recognises sign language as an official language, namely in Article 19 under Title IV Accessibility, in chapter 1 related to education and training and in Article 75 under Title VI Citizenship and social participation, related to choice of language in school.

“French sign language is recognised as a fully fledged language. Any concerned pupil/student has the right to be taught in French sign language [...]”. This official recognition is included in the Code of Education Art. L.112-3 and Art. L312-9-1.

In complement of Article 75, Article 74 makes provision for TV programs accessibility for deaf and hearing impaired persons (all programs of public channels and private ones whose average annual audience is above 2.5%; 20 to 40% of the programs of the other private channels). Article 76 states that in administrative, civil and penal jurisdictions any deaf person has the benefit of the adapted communication device of her choice, whose cost is taken care of by the State. Article 77 makes provision for adapted examination conditions and assistance of a sign language interpreter for deaf or hearing impaired persons to get a driving license. Article 78 holds that in relation to any public service hearing impaired persons may request a written or visual translation of any oral information concerning them, or the assistance of a sign language interpreter. Decree n° 2008-346 of 14 April 2008 provides for access of hearing impaired persons to emergency calls. [update_date] => 2012-05-28 16:40:24 [links] => Array ( [0] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000809647&dateTexte= ) [1] => stdClass Object ( [title] => Code of Education Art. L.112-3 and Art. L312-9-1 [url] => http://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=817ED60AAF47B15010DBA50A7DD06F21.tpdjo02v_1?idArticle=LEGIARTI000019911145&cidTexte=LEGITEXT000006071191&dateTexte=20120229 ) [2] => stdClass Object ( [title] => Decree n° 2008-346 of 14 April 2008 [url] => http://websourd.nnx.com/~mediav0/PDF/Decret_appels_urgence_JO16avril2008.pdf ) ) ) [17] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B5. National disability strategy and action plan [theme_slug] => b5-national-disability-strategy-and-action-plan [theme_id] => 17 [contents] => We do not yet have information for this item [update_date] => 2013-08-13 10:37:00 [links] => Array ( ) ) [19] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C1. Transport accessibility [theme_slug] => c1-transport-accessibility [theme_id] => 19 [contents] => The legal framework for the public policy on accessibility is the law n° 2005-102 of 11 February 2005. Title IV: Accessibility, is divided into three chapters - Education and training, Employment, and Built environment, Transport and New technologies.

To implement the law, an inter-ministerial Observatory for accessibility and universal design (Observatoire interministériel de l’accessibilité et de la conception universelle) was created on 11 February 2010 with the mission of monitoring the developments, identifying the challenges to the implementation of accessibility, disseminating good practice and developing monitoring indicators. [update_date] => 2012-05-28 16:45:15 [links] => Array ( [0] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000809647&dateTexte= ) [1] => stdClass Object ( [title] => Creation of the Observatory of accessibility and universal design [url] => http://informations.handicap.fr/pdf-decrets/decret-2010-124.pdf ) [2] => stdClass Object ( [title] => Missions [url] => http://www.developpement-durable.gouv.fr/Missions-de-l-observatoire.html ) [3] => stdClass Object ( [title] => 2011 Annual report [url] => http://www.developpement-durable.gouv.fr/IMG/Rapport%20Officiel.pdf ) ) ) [20] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C2. Built environment accessibility [theme_slug] => c2-built-environment-accessibility [theme_id] => 20 [contents] => The law n° 2005-102 of 11 February 2005,in Titre IV Accessibility, Chapitre III: Built environment, transports and new technologies, requires that by 2015 all housing buildings, buildings open to the public, workplaces, whether public or private, new or old, are accessible to all types of impairment. This is not mandatory for owners who build or improve a dwelling for their own use.

A series of decrees and orders issued between 2006 and 2009, detail the standards for the accessibility of buildings and access to buildings:

Arrêté du 21 mars 2007, Circulaire interministérielle no DGS/2006/271 – DGUHC/2006/48 of 14 June 2006, Circulaire interministérielle n° 2006-96 of 21 December 2006, Circulaire interministérielle of 14 December 2007, Circulaire interministérielle of 20 April 2009.

Since 2006 the Parliament has made several attempts to introduce departures from the legislation on accessibility of the built environment. So far, all these attempts have been censured by the constitutional council after submission of the cases by disabled persons NGOs. [update_date] => 2012-05-28 16:46:53 [links] => Array ( [0] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000809647&dateTexte= ) [1] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005- Chapitre III: Built environment, transports and new technologies [url] => http://www.legifrance.gouv.fr/affichTexteArticle.do;jsessionid=D2C7D1345E6C438F495FAC4ECE2A06D7.tpdjo09v_3?idArticle=JORFARTI000002062943&cidTexte=JORFTEXT000000809647&dateTexte=29990101&categorieLien=id ) [2] => stdClass Object ( [title] => Décret n° 2006-555 of 17 May 2006 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000819417&dateTexte= ) [3] => stdClass Object ( [title] => Décret n° 2006-1089 of 30 August 2006 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000637669&dateTexte= ) [4] => stdClass Object ( [title] => Décret n° 2007-1327 of 11 September 2007 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000823263 ) [5] => stdClass Object ( [title] => Arrêté of 1 August 2006 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000635063&fastPos=2&fastReqId=1778251119&categorieLien=cid&oldAction=rechTexte ) [6] => stdClass Object ( [title] => Arrêté of 26 February 2007 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000795692&fastPos=1&fastReqId=767746998&categorieLien=id&oldAction=rechTexte ) [7] => stdClass Object ( [title] => Arrêté of 21 March 2007 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000647468&fastPos=1&fastReqId=1137469224&categorieLien=cid&oldAction=rechTexte ) [8] => stdClass Object ( [title] => Arrêté of 30 November 2007 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000017644524&fastPos=3&fastReqId=1421129787&categorieLien=cid&oldAction=rechTexte ) ) ) [21] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C3. ICT and Web accessibility [theme_slug] => c3-ict-and-web-accessibility [theme_id] => 21 [contents] => The Law n° 2005-102 of 11 February 2005,in Titre IV Accessibility, Chapitre III-Built environment, transports and new technologies,Article 47 states that all types of on line State communication services, whether national or local, should be accessible. Decree of 14 May 2009 for the implementation of article 47sets the dates of implementation and the standards of accessibility of State ICT and web services: by 16 May 2011 for the State and State-related communication services and 16 May 2012 for the local public services. Complementary orders detail the standards of accessibility of these services. [update_date] => 2012-05-28 16:48:03 [links] => Array ( [0] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005, Titre IV: Accessibility, Chapitre III-Built environment, transports and new technologies, Article 47 [url] => http://www.legifrance.gouv.fr/affichTexteArticle.do;jsessionid=8E1588919D87940D7BB2F367384EA6F1.tpdjo05v_1?idArticle=LEGIARTI000006682279&cidTexte=LEGITEXT000006051257&dateTexte=20120229 ) [1] => stdClass Object ( [title] => Decree of 14 May 2009 for the implementation of article 47 [url] => http://www.legifrance.gouv.fr/affichTexte.do?dateTexte=&categorieLien=id&cidTexte=JORFTEXT000020616980 ) [2] => stdClass Object ( [title] => Arrêté du 21 octobre 2009 relatif au référentiel général d'accessibilité pour les administrations [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000021208630 ) [3] => stdClass Object ( [title] => Additional information on ICT and web accessibility standards [url] => http://www.webaccessibilite.fr/referentiels-accessibilite.php ) ) ) [23] => stdClass Object ( [parent] => D. Independent living [theme_title] => D1. Choice of living arrangements [theme_slug] => d1-choice-of-living-arrangements [theme_id] => 23 [contents] => Legally speaking there is no obligation for a disabled person to live in a particular living arrangement, such as an institution rather than in the community, except in particular cases for persons with a mental health condition, diagnosed as needing urgent psychiatric treatment and whose hospitalisation without or against their consent can be requested by a third party, such as family, medical doctor or prefect (regional State representative). However de facto the lack of accessibility, the insufficient number of personal assistance services and the scarceness of individual resources may not allow very dependent persons living on their own to employ personal assistants and live independently. Therefore they can find themselves with no other alternative than to enter institutions. This is the type of situation that the law n° 2005-102 of 11 February 2005 intended to improve by creating the Disability Compensation Benefit (Prestation de compensation /PCH), individual budget that should allow for more personal assistance, home adaptations and assistive devices.

Article 459-2 of the Civil Code states that a person under legal protection (curatorship or tutorship ) chooses the place where to live. He/She is free to have relationships with anyone, relative or not. He/She has the right to be visited and to be put up by them.

Article 426 of the Civil Code states that the accommodation and the furniture of a judicially protected person remain at his/her disposal as long as possible.

People with disabilities have the same right to housing benefits as others.

The law of 11 February 2005 created an independent living supplement to the AAH (Allowance to Disabled Adults /Allocation aux adultes handicapés), meant to enable and support independent living for people with severe disabilities. [update_date] => 2012-05-28 16:49:06 [links] => Array ( [0] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000809647&dateTexte= ) [1] => stdClass Object ( [title] => Disability Compensation Benefit /Prestation de compensation (PCH) [url] => http://vosdroits.service-public.fr/N14201.xhtml ) [2] => stdClass Object ( [title] => Article 459-2 of the Civil Code [url] => http://droit-finances.commentcamarche.net/legifrance/38-code-civil/95395/article-459-2 ) [3] => stdClass Object ( [title] => Independent living supplement (Majoration pour la vie autonome / MVA) [url] => http://vosdroits.service-public.fr/F12903.xhtml ) [4] => stdClass Object ( [title] => Code of social security : art.L821-1-2 [url] => http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006073189&idArticle=LEGIARTI000006745350&dateTexte=vig ) [5] => stdClass Object ( [title] => Code of social security: art. L821-5 [url] => http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006073189&idArticle=LEGIARTI000021540046&dateTexte=vig ) [6] => stdClass Object ( [title] => Code of social security: art.R821-1 to R821-9 [url] => http://www.legifrance.gouv.fr/affichCode.do?idArticle=LEGIARTI000006754135&idSectionTA=LEGISCTA000006142017&cidTexte=LEGITEXT000006073189&dateTexte=vig ) ) ) [24] => stdClass Object ( [parent] => D. Independent living [theme_title] => D2. De-institutionalisation [theme_slug] => d2-de-institutionalisation [theme_id] => 24 [contents] => The public policy conception of disability was renewed with the adoption of the Law no. 2005-102 of 11 February 2005 which focuses on integration in all areas of life and all decrees to enforce those principles in the workplace, access to school, urban renovation and public support and creates quotas of employment in both the private and public sectors. [update_date] => 2012-05-28 16:49:42 [links] => Array ( [0] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000809647&dateTexte= ) ) ) [25] => stdClass Object ( [parent] => D. Independent living [theme_title] => D3. Quality of social services [theme_slug] => d3-quality-of-social-services [theme_id] => 25 [contents] => The National agency for the assessment and quality of social and medico-social institutions and services (ANESM / Agence nationale de l’évaluation et de la qualité des établissements et services sociaux et medico-sociaux) created in 2007 is responsible for the statement of the principles of good practice, the accreditation of bodies in charge of assessing the quality of social and medico-social institutions and services, and controls the efficiency of their assessment activities. For that purpose, ANESM draws on regional and cross-departmental programmess of supervision, control and evaluation, implemented by regional and departmental public authorities in charge of social and health actions (DRASS, DDASS & MRIICE / Direction régionale et directions départementales des affaires sanitaires et sociales, Missions Régionale et interdépartementale d’inspection, de contrôle et d’évaluation). These programmes may focus on the prevention of unfair treatment in special institutions such as schools, psychiatric clinics, sheltered workshops for instance, and services such as nursing care at home. [update_date] => 2012-05-28 17:09:44 [links] => Array ( [0] => stdClass Object ( [title] => ANESM [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000822015&dateTexte= ) [1] => stdClass Object ( [title] => Missions [url] => http://www.anesm.sante.gouv.fr ) ) ) [26] => stdClass Object ( [parent] => D. Independent living [theme_title] => D4. Provision of assistive devices at home [theme_slug] => d4-provision-of-assistive-devices-at-home [theme_id] => 26 [contents] => The national agency for solidarity and autonomy (CNSA) is in charge of implementing the national plan of medico-social services and provided a first assessment of the results in 2007. [update_date] => 2012-05-28 17:11:38 [links] => Array ( [0] => stdClass Object ( [title] => CNSA [url] => http://www.cnsa.fr/ ) [1] => stdClass Object ( [title] => Suivi qualitatif du développement des services d’accompagnement médico-social pour adultes handicapés : SAMSAH et SSIAD - Situation en 2007 [url] => http://www.cnsa.fr/IMG/pdf/Rapport_COMPLET_Suivi_qualitatif_SAMSAH_SSIAD_-_CNSA-3.pdf ) [2] => stdClass Object ( [title] => 2011 Report of the government on the implementation of national disability policy provides an assessment of the development of services from June 2008 to June 2011. See p.88-92 [url] => http://www.solidarite.gouv.fr/IMG/pdf/rapportCNCPH.pdf ) ) ) [27] => stdClass Object ( [parent] => D. Independent living [theme_title] => D5. Availability of personal assistance schemes [theme_slug] => d5-availability-of-personal-assistance-schemes [theme_id] => 27 [contents] => The Disability Compensation Benefit (PCH / prestation de compensation du handicap) individual budgets, created by the Law of 11 February 2005, are meant to compensate for additional living costs, namely for human assistance. [update_date] => 2012-05-28 17:13:03 [links] => Array ( [0] => stdClass Object ( [title] => Disability Compensation Rights [url] => http://www.cnsa.fr/article.php3?id_article=34 ) [1] => stdClass Object ( [title] => Disability Compensation Benefit /Prestation de compensation (PCH) [url] => http://vosdroits.service-public.fr/N14201.xhtml ) ) ) [28] => stdClass Object ( [parent] => D. Independent living [theme_title] => D6. Income maintenance [theme_slug] => d6-income-maintenance [theme_id] => 28 [contents] => When the young person is under 20, his/her family receive the Allocation d’éducation de l’enfant handicapé (AEEH) (Education allowance for a disabled child) is paid by Social Security and it contributes to education and care expenses for the child.

Income support for people aged 20 and over, related to disability are attributed through five different systems: (1) War invalidity pensions (Pension militaire d’invalidité - PMI); (2) Work injuries and occupational diseases benefit (Rente d’accident du travail ou de maladie professionnelle - RAT-MP); (3) Invalidity pension (contributory benefit) (Pension d’invalidité - PI); (4) means-tested non contributory disability benefit (Allocation aux adultes handicapés - AAH); and (5) Disability compensation benefit (Prestation de compensation du handicap - PCH). The conditions to be recorded in these different systems depend of the source of the injuries.

People who had a working activity and fulfilled the affiliation conditions to social security, are entitled to the contributory disability benefit called “Pension d’invalidité” (PI) (Invalidity pension) if their work capacity is reduced by 2/3 as a result of an accident or an illness not related to work activities. Three categories of PI can be attributed: Cat. 1: for claimants still able to work: 30% of the former wage; Cat. 2: for claimants unable to work: 50% of the former wage; Cat. 3: for claimants unable to work and in need of a personal assistance for everyday living activities: 50% of the former wage + attendant supplement. The PI can be (in the case of a very law amount when work was part time) accumulated with the non contributory disability benefit called “AAH” (see below) up to the full amount of AAH as a maximum.

For people who met early in their life a bad health condition, impairment or disability, have not worked long enough to be entitled to Social security protection, there is a (means-tested non-contributory) Disability benefit named Allocation aux Adultes Handicapés (AAH). This non contributory benefit is a social minimum which is attributed by the Commission des droits et de l’autonomie des personnes handicapées (CDAPH). There is also an Income supplement (Complément de ressources – CR) if the claimant’s work capacity is lower than 5%. To favour independent living, there is another supplement of AAH called “Majoration pour vie autonome – MVA” (literally extension for autonomous life). The last important measure taken for people with disability is the Disability compensation benefit (Prestation de compensation du handicap - PCH). The PCH is a non contributory benefit and not really a provision of income support, only a compensation of costs related to disabilities. [update_date] => 2012-05-28 17:16:10 [links] => Array ( [0] => stdClass Object ( [title] => 2010 Report of the National advisory council of disabled persons to the Minister of Solidarity and Social cohesion.16 May 2011. La Documentation Française [url] => http://www.ladocumentationfrancaise.fr/rapports-publics/114000264/index.shtml ) ) ) [29] => stdClass Object ( [parent] => D. Independent living [theme_title] => D7. Additional costs [theme_slug] => d7-additional-costs [theme_id] => 29 [contents] => The Law n° 2005-102 of 11 February 2005 created the Disability Compensation Benefit (Prestation de compensation du handicap / PCH): a non contributory, non means-tested, not subject to taxation individual budget meant tocompensate for additional living costs in terms of human assistance, technical aids, adaptation of home, vehicle and extra-costs for transportation, animal assistance, and exceptional expenses.

The PCH is granted to persons whose disability generates permanently or for a foreseeable period of one year minimum an absolute difficulty to perform at least one basic Activity of Daily Living (ADL) or severe difficulty in performing at least two basic ADLs out of a list of 19 ADLs in the 4 following domains: personal care, mobility, communication, control and orientation.

The PCH intends to replace progressively the compensatory allowance for personal assistance (Allocation compensatrice tierce personne / ACTP). The ACTP, a means tested allowance, was granted to persons aged16 to 60 with an incapacity rate of 80% and a need for assistance for the main daily living activities. The amount of the allocation depended if the person could still perform a number of ADLs or could not do them at all. The persons who started to perceive the ACTP before 2006 are still entitled to keep this benefit instead of the PCH. [update_date] => 2012-05-28 17:18:40 [links] => Array ( [0] => stdClass Object ( [title] => Disability Compensation Benefit (Prestation de compensation du handicap / PCH) [url] => http://vosdroits.service-public.fr/N14201.xhtml ) [1] => stdClass Object ( [title] => Article L245-1 Code of Social Action and Family [url] => http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006074069&idArticle=LEGIARTI000017845580&dateTexte= ) [2] => stdClass Object ( [title] => DREES (2011). PCH, Résultats de l’enquête trimestrielle, n°3, 2011 [url] => http://www.sante.gouv.fr/resultats-nationaux-trimestriels-sur-la-prestation-de-compensation-du-handicap-pch.html ) ) ) [30] => stdClass Object ( [parent] => D. Independent living [theme_title] => D8. Retirement income [theme_slug] => d8-retirement-income [theme_id] => 30 [contents] => disability benefit (AAH), or he/she works as a “disabled worker” with an administrative recognition of his/her disability. However, in both cases, people with disabilities benefit from the social minima for French retired people: the retirement equivalence allowance (Allocation equivalent retraite – AER which became in July 2011 Allocation transitoire de solidarité – ATS).

For the AAH recipient, legally the person is automatically considered as unfit for work if aged 60, and can apply for a retirement income. At 59 years 5 months the pension fund calculates the level of the pension. AAH is paid until the effective payment of the retirement income (but he/she has to reimburse the money received in excess). If the level of retirement income is less than that of AAH, the person can keep AAH. [update_date] => 2012-05-28 17:20:01 [links] => Array ( [0] => stdClass Object ( [title] => Allocation transitoire de solidarité (ATS) [url] => http://www.service-public.fr/actualites/002208.html ) [1] => stdClass Object ( [title] => Article 97 of the law 2010-1330 of 9 November 2010 reforming retirement pensions [url] => http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=703ABECB89096C48ADECB8433A9FF49E.tpdjo15v_3?cidTexte=JORFTEXT000023022127&categorieLien=id ) [2] => stdClass Object ( [title] => Additional information on retirement for disabled persons [url] => http://handroit.com/retraite_personnes_handicap%C3%A9es.htm ) ) ) [32] => stdClass Object ( [parent] => E. Education [theme_title] => E1. Special schools [theme_slug] => e1-special-schools [theme_id] => 32 [contents] => Law n° 2005-102 of 11 February 2005 in its Title IV: accessibility, Chapter I: Education and training, states that attending mainstream schools is mandatory for disabled children as for all children. Public schools are subject to an obligation of integration of disabled children, provided by law no 2005-102 and Code of Education, article L112-4, and to general principles of administrative law which include general principles of non discrimination. However, in parallel to this obligation, parents are free to place their child in a special school. [update_date] => 2012-05-28 17:21:46 [links] => Array ( [0] => stdClass Object ( [title] => Code of Education, Art. L112-4 [url] => http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006071191 ) ) ) [33] => stdClass Object ( [parent] => E. Education [theme_title] => E2. Mainstream schools [theme_slug] => e2-mainstream-schools [theme_id] => 33 [contents] => Law no 2005-102 of 11 February 2005provides an express obligation on the State to ensure education of all disabled children. The right to education and to reasonable accommodation within education of disabled children is affirmed in articles 19 to 22 of the Law. Article 11 affirms a right of access to local mainstream schools and the right to a personalised educational project.

Since 2005, amongst other missions, the Commission for the Rights and the Autonomy of Disabled Persons must determine whether a child, in accordance with his or her personal life project, should be placed in the mainstream educational system, in some cases with special support, in specialised classes (CLIS) or in specialised institutions. The Regional administration of National Education (Académie) participates in this commission, in coordination with all persons involved in the support and the education of the child. [update_date] => 2012-05-28 17:22:42 [links] => Array ( [0] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000809647&dateTexte= ) ) ) [34] => stdClass Object ( [parent] => E. Education [theme_title] => E3. Sign language and Braille in school [theme_slug] => e3-sign-language-and-braille-in-school [theme_id] => 34 [contents] => In article 75, the Lawn° 2005-102 of 11 February 2005 introduces Article L 312-9-1 to the Code of Education in order to officially recognise the French sign language for persons with impaired hearing. [update_date] => 2012-05-28 17:23:18 [links] => Array ( [0] => stdClass Object ( [title] => Article L 312-9-1 Code of Education [url] => http://www.education.gouv.fr/cid52184/mene1013746c.html ) ) ) [35] => stdClass Object ( [parent] => E. Education [theme_title] => E4. Vocational training [theme_slug] => e4-vocational-training [theme_id] => 35 [contents] => Vocational training and guidance is covered by article 225-2 PC, L1132-1 LC and Article 6 quinquies of Law n° 83-634 of 13 July 1983 as modified by the Law of 16 November 2001.

In January 2006 and March 2008, some adaptation measures of vocational training for disabled persons were taken. [update_date] => 2012-05-28 17:24:06 [links] => Array ( [0] => stdClass Object ( [title] => Code of Labour Article L 323-11-1 [url] => http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006072050&idArticle=LEGIARTI000006648760&dateTexte=&categorieLien=cid ) [1] => stdClass Object ( [title] => Decree n° 2006-26 of 9 January 2006 regarding vocational training of disabled persons [url] => http://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=CD3BEC97A3D1784E2A81838B5D4B8040.tpdjo11v_1?cidTexte=LEGITEXT000006072050&idArticle=LEGIARTI000006644608&dateTexte=20120322&categorieLien=id#LEGIARTI000006644608 ) ) ) [36] => stdClass Object ( [parent] => E. Education [theme_title] => E5. Higher education [theme_slug] => e5-higher-education [theme_id] => 36 [contents] => Accessibility to higher education and provisions regarding learning materials and adapted equipment are framed by the several pieces of legislation, including Law n° 2005-102 of 11 February 2005 TITRE IV : ACCESSIBILITÉ Chapitre Ier, the Code of Education, Art. L112-4 and Decree n° 2005-1617 of 21 December 2005.

It is the responsibility of universities to define their financial needs in terms of collective accommodations and services and to submit them to the Ministry of Higher Education and Research for funding. These accommodations and adapted materials include tutoring and other forms of individual support, adapted examination conditions, sign language interpretations, adapted computers and Braille transcription. [update_date] => 2012-05-28 17:24:57 [links] => Array ( [0] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005 TITRE IV : ACCESSIBILITÉ Chapitre Ier : Scolarité, enseignement supérieur et enseignement professionnel [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000809647&dateTexte ) [1] => stdClass Object ( [title] => Code of Education, Art. L112-4 [url] => http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006071191 ) [2] => stdClass Object ( [title] => Decree n° 2005-1617 of 21 December 2005 regarding the conditions of examination for disabled students [url] => http://www.legifrance.gouv.fr/affichTexteArticle.do;jsessionid=751EAFBEA7DF5C1EEBDDD299859D1699.tpdjo06v_2?cidTexte=JORFTEXT000000456607&idArticle=LEGIARTI000006247681&dateTexte=20051223&categorieLien=cid ) [3] => stdClass Object ( [title] => Circular n° 2006-215 of 26 December 2006 [url] => http://www.education.gouv.fr/bo/2007/1/MENE0603102C.htm ) [4] => stdClass Object ( [title] => University-Disability Charter of 5 September 2007 [url] => http://www.cpu.fr/fileadmin/fichiers/vie_etudiante/Charte-UniversiteHandicap.pdf ) ) ) [38] => stdClass Object ( [parent] => F. Employment [theme_title] => F1. Non-discrimination in employment [theme_slug] => f1-non-discrimination-in-employment [theme_id] => 38 [contents] => The principle of non-discrimination was applied in France in employment policy after two main laws.

The Law n° 90-602 of 12 July 1990 regarding the protection of persons against discriminations because of their health state or disabilitywas meant originally to protect people with AIDS. Disability was added as a cause of discrimination which would be prohibited and punished by penal courts. The Law 2005-102 of 11 February 2005 extended the principle of non-discrimination according to the EU Council Directive 2000/78/EC framework for equal treatment in employment and occupation, in 2005. In the chapter on employment in the 2009 report of the government on the implementation of the national policy towards people with disabilities, there is no mention of non-discrimination. However, among proposals for the future, within a new plan for the employment of people with disabilities, the topic of non-discrimination is broached through the need of training sessions for civil servants about equality of opportunities.

There are some exceptions in regard of the banning of discrimination in employment of people with disabilities. Article 225-3 of the Penal Code states, the provisions of Article 225-1 (motives of discrimination) are not implemented: to the discriminations based on the health state of disability when they consist of a hiring refusal or a dismissal motivated by a medically recognised unfitness to the post according to the Title IV of Book II of the Labour regulations (Code du Travail), or according to the health provisions related to public service; to the discrimination in hiring, based on gender, age, or physical appearance, when such a motive consists in an essential and determining professional requirement …

In parallel with anti-discrimination legislation, a6% quota of employees with disabilities within the workforce should be respected by employers of at least 20 employees in both the private and public sectors.

The law of 2005 started an activation policy for people who benefit from the non contributory disability benefit (Allocation aux adultes handicapés - AAH). It is possible now for them to draw concurrently this benefit and earnings. Thus, a part of the payments from work activities is withdrawn from the ceiling income used to limit the allocation of AAH.

Sheltered workwas and remains also a basic element of the French employment policy for people with disabilities. There are two types of institutions: Entreprises Adaptées (EAs) (literally Adapted Companies) for people unable to work in companies without substantial accommodations in the open labour market, which have to employ 80% of people having the recognition of the quality of disabled worker (RQTH); and ‘Etablissements et services d’aide par le travail’ (ESAT) devoted to people with a working capacity below 30% of the French standard productivity for the same work position.

In order to boost the improvement of the living conditions for people with disabilities, the Government adopted in 2009 a National Employment Pact for People with Disabilities (Pacte national pour l’emploi des personnes handicapées). [update_date] => 2012-05-28 18:29:28 [links] => Array ( [0] => stdClass Object ( [title] => Law n° 90-602 of 12 July1990 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000350518&dateTexte= ) [1] => stdClass Object ( [title] => National employment pact for people with disabilities [url] => http://www.gouvernement.fr/gouvernement/le-pacte-national-pour-l-emploi-des-personnes-handicapees ) [2] => stdClass Object ( [title] => 2010 Annual report of the National advisory council of disabled persons [url] => http://www.unea.fr/iso_album/cncph.pdf ) [3] => stdClass Object ( [title] => Fund for the vocational integration of disabled persons (AGEFIPH / Association de gestion du fonds pour l’insertion professionnelle des personnes handicapées) [url] => http://www.agefiph.fr/#agefiph ) [4] => stdClass Object ( [title] => Fund for the integration of disabled persons in public services (FIFPH / Fonds pour l'Insertion des Personnes Handicapées dans la Fonction Publique) [url] => http://www.fiphfp.fr/ ) [5] => stdClass Object ( [title] => Circular n° 2009-15 of 26 May 2009 regarding regional plans of vocational integration of disabled workers [url] => http://www.handipole.org/IMG/pdf/circulaire_2009-15.pdf ) ) ) [39] => stdClass Object ( [parent] => F. Employment [theme_title] => F2. Public employment services [theme_slug] => f2-public-employment-services [theme_id] => 39 [contents] => The current legislation regarding public employment services (PES) in France is the Law n°2008-126 of 13 February 2008 reforming the organisation of public employment services.

This act merged two core parts of the French employment policy: the national interprofessional union for employment in industry and commerce (Union nationale interprofessionnelle pour l’emploi dans l’industrie et le commerce /UNEDIC) and the National agency for employment (Agence nationale pour l’emploi / ANPE).

The new organisation which came into force in January 2009, as a merger of the ASSEDICs and ANPE networks, is now named ‘Pôle emploi’. The principal functions of Pôle emploi are:

  • To collect employer’s and employees’ contributions to unemployment insurance
  • To receive and register jobseekers
  • To calculate and pay contributory unemployment benefits (Allocation d’aide au retour à l’emploi – ARE) to jobseekers entitled to it.
  • To pay the non-contributory benefit for people who are not (or not anymore) entitled to ARE such as Allocation de solidarité spécifique (ASS) for jobseekers who worked at least 5 years in the past 10 years before unemployment or Allocation temporaire d’attente (ATA) for unemployed foreigners legally staying in France or Allocation en faveur des demandeurs d’emploi en formation for jobseekers who accepted participation in a long training programme.
  • To support and to guide each jobseeker along his/her search for employment but also for job-to-job transitions
  • To explore the labour market in inquiring into job opportunities proposed or planned by companies
  • To assist employers in their recruiting
  • To finance some training sessions to jobseekers entitled to ARE.
  • To analyse the labour market
  • To develop new employment-related services

In order to benefit from the various measures of support set by the law, people with disabilities seeking employment have to register with the public employment services – with the mainstream ‘Pôle emploi’, or with specialised services like ‘Cap emploi’. [update_date] => 2012-05-28 17:28:21 [links] => Array ( [0] => stdClass Object ( [title] => Pôle emploi [url] => www.pole-emploi.fr ) [1] => stdClass Object ( [title] => Law n°2008-126 of 13 February 2008 [url] => http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=CEA0668A6AD5948644C8FBDB66357D81.tpdjo13v_3?cidTexte=JORFTEXT000018117826&categorieLien=id ) ) ) [40] => stdClass Object ( [parent] => F. Employment [theme_title] => F3. Workplace adaptations [theme_slug] => f3-workplace-adaptations [theme_id] => 40 [contents] => The main legal provisions requiring that adaptations and accessibility of workplaces should be completed by 2015, are contained in law n° 2005-102 of 11 February 2005, Title IV- Accessibility, Chapter III: ‘Built environment, transports, new technologies’. Article 41 applies to all buildings, internal and external equipment, whether housing buildings, buildings receiving public, workplaces. Decree n° 2009-1272 of 21 October 2009 regarding accessibility of workplaces for disabled employees reinforces the provisions of the 2005 law on workplaces and provides details on the norms and standards of adaptations. The law as well as the decree makes also provisions for departures from the law (Art.R 4214-27) that can be granted by the Prefect (higher regional public authority) on the basis of assessed technical impossibility.

The majority of workplace adaptations is paid by AGEFIPH (Association de gestion du fonds pour l’insertion professionnelle des personnes handicapées), fund for the vocational integration of disabled persons. [update_date] => 2012-05-28 17:29:20 [links] => Array ( [0] => stdClass Object ( [title] => AGEFIPH Aids [url] => http://www.handicapzero.org/les-services/emploi/service-pole-emploi/aides-agefiph.html?id=27770 ) [1] => stdClass Object ( [title] => Law n° 2005-102 of 11 February 2005 [url] => http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000809647&dateTexte= ) [2] => stdClass Object ( [title] => Decree n° 2009-1272 of 21 October 2009 regarding accessibility of workplaces for disabled employees [url] => http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000021187284&categorieLien=id ) ) ) [41] => stdClass Object ( [parent] => F. Employment [theme_title] => F4. Financial incentives [theme_slug] => f4-financial-incentives [theme_id] => 41 [contents] => AGEFIPH (Association de gestion du fonds pour l’insertion professionnelle des personnes handicapées /Organisation for the management of the fund for the vocational integration of disabled persons) is a para-governmental organisation responsible for collecting and managing the fines of companies that do not meet their quota of disabled workers. The collected funds are redistributed to companies in terms of supports either as financial aids or through various training programmes. [update_date] => 2012-05-28 17:30:03 [links] => Array ( [0] => stdClass Object ( [title] => AGEFIPH [url] => http://www.agefiph.fr/#agefiph ) [1] => stdClass Object ( [title] => AGEFIPH 2010 Activity Report [url] => http://www.agefiph.fr/recherche?q=rapport+activit%C3%A9+2010#contenu:see p.17 for supports to employment ) ) ) [43] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G1. Official research [theme_slug] => g1-official-research [theme_id] => 43 [contents] => The official department responsible for research on disability is the Department of research, studies, evaluation and statistics (DREES /Direction de la recherche, des études, de l’évaluation et des statistiques) of the Ministry of health. DREES is part of the public statistical system, and responsible for collecting, analysing and publishing reliable data on populations, social and health systems and policies.

DREES steers with INSEE (National institute of statistics and economic studies) the disability surveys and provides all statistics and trends related to disability and to the implementation of public disability policy other than employment, which is dedicated to DARES, Direction of research, studies and statistics of the Ministry of Labour, employment and health. [update_date] => 2012-05-28 17:30:57 [links] => Array ( [0] => stdClass Object ( [title] => DREES /Direction de la recherche, des études, de l’évaluation et des statistiques [url] => http://www.sante.gouv.fr/direction-de-la-recherche-des-etudes-de-l-evaluation-et-des-statistiques-drees,5876.html ) [1] => stdClass Object ( [title] => DARES (Direction of research, studies and statistics of the Ministry of labour, employment and health / Direction de l’animation de la recherche, des études et statistiques) [url] => http://www.travail-emploi-sante.gouv.fr/rubrique_technique,281/bas-de-page,2030/travail,2032/etudes-recherche-statistiques-de,76/ ) [2] => stdClass Object ( [title] => Disabled persons at work [url] => http://www.travail-emploi-sante.gouv.fr/etudes-recherche-statistiques-de,76/statistiques,78/les-travailleurs-handicapes,88/ ) [3] => stdClass Object ( [title] => Disability surveys 2008 Disability-Health survey [url] => http://www.sante.gouv.fr/handicap-sante,757.html ) ) ) [44] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G2. Census data [theme_slug] => g2-census-data [theme_id] => 44 [contents] => There is a national Census carried out by INSEE (National institute of statistics and economic studies) but it does not include a specific question on disability. [update_date] => 2012-05-28 18:31:05 [links] => Array ( [0] => stdClass Object ( [title] => Labour Force survey (INSEE, 2007): Employment and unemployment of disabled persons in 2008 (Emploi et chômage des personnes handicapées en 2008) [url] => http://www.insee.fr/fr/themes/tableau.asp?reg_id=0&ref_id=NATTEF06243 ) ) ) [45] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G3. Labour Force Survey [theme_slug] => g3-labour-force-survey [theme_id] => 45 [contents] => The most recent Labour Force Survey carried out in France in 2007 by INSEE (National Institute of statistics and economic studies) covered a total of 39,390,000 French people of working age (15-64), out of whom 9,595,000 were recorded as having a disability and 1,813,000 of those had an official acknowledgement of disability by one administration or the other.This recognition can be either on the basis of disability benefits by Social Security Committees as a result of work injuries, occupational diseases or disabling illnesses, or by the departmental Commissions of rights and autonomy for persons with disabilities (Commission des droits et de l’autonomie des personnes handicapées –CDAPH) when the person either did not work before or because the cause of his/her disabilities was not covered by Social Security’s rules. [update_date] => 2012-05-28 17:32:56 [links] => Array ( [0] => stdClass Object ( [title] => Labour Force survey (INSEE, 2007): Employment and unemployment of disabled persons in 2008 (Emploi et chômage des personnes handicapées en 2008) [url] => http://www.insee.fr/fr/themes/tableau.asp?reg_id=0&ref_id=NATTEF06243 ) ) ) [46] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G4. Disability equality indicators [theme_slug] => g4-disability-equality-indicators [theme_id] => 46 [contents] => The available disability indicators are most often meant to assess the achievements in regard to the objectives set by public policies (principally social and employment policies) rather than to monitor the implementation of equality. Even if public policies objectives may converge toward or meet equality principles, the approach in setting indicators is different. A consequence is that indicators are set by sector of public activity and scattered among various administrations.

Another source of disability indicators is the DARES (Direction of research, studies and statistics of the Ministry of labour, employment and health), which provides indicators of employment and unemployment of disabled persons.

The Observatory for accessibility and universal design created in 2010, whose missions are to monitor the developments, identify the challenges to the implementation of accessibility, disseminate good practice and develop monitoring indicators, does not provide indicators on its website.

A set of disability indicators established by DREES and INSEE in 2009 is intended to follow the evolution of the beneficiaries of public provisions. [update_date] => 2012-05-28 17:35:40 [links] => Array ( [0] => stdClass Object ( [title] => DARES (Direction of research, studies and statistics of the Ministry of labour, employment and health [url] => http://www.travail-emploi-sante.gouv.fr/rubrique_technique,281/bas-de-page,2030/travail,2032/etudes-recherche-statistiques-de,76/ ) [1] => stdClass Object ( [title] => Creation of the Observatory of accessibility and universal design [url] => http://informations.handicap.fr/pdf-decrets/decret-2010-124.pdf ) [2] => stdClass Object ( [title] => Missions [url] => http://www.developpement-durable.gouv.fr/Observatoire-interministeriel-de-l.html ) [3] => stdClass Object ( [title] => DREES and INSEE 2009 indicator development [url] => http://www.insee.fr/fr/publications-et-services/dossiers_web/action-sociale-departementale/liste-isd.pdf ) ) ) [48] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H1. Awareness raising programs [theme_slug] => h1-awareness-raising-programs [theme_id] => 48 [contents] => The 2011 report of the government on the implementation of the national disability policy from June 2008 to June 2011 does not mention the development of programmes to promote public awareness of the rights and equality of disabled persons. [update_date] => 2012-05-28 17:37:01 [links] => Array ( [0] => stdClass Object ( [title] => Rapport du Gouvernement au Parlement sur la mise en oeuvre de la politique nationale en faveur des personnes handicapées [url] => http://www.solidarite.gouv.fr/IMG/pdf/rapportCNCPH.pdf ) ) ) [49] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H2. Training for teachers [theme_slug] => h2-training-for-teachers [theme_id] => 49 [contents] => Disability awareness and equality issues are not as such an official part of any initial training programme. There is a slow emergence of new Masters on disability, mainly in social sciences and in physical medicine and rehabilitation.

That report of the government on the implementation of public disability policy mentions (p. 64) that universities deliver a number of initial professional training programmes on disability for teachers but does not list them and they cannot be found on the web site of the ministry of higher education and research.

It also mentions that there are curricula, principally in technical sciences and health, focusing on disability that are available in whole of France, as well as a few Masters specialising in children with special educational needs. [update_date] => 2012-05-28 17:38:08 [links] => Array ( [0] => stdClass Object ( [title] => Rapport du Gouvernement au Parlement sur la mise en oeuvre de la politique nationale en faveur des personnes handicapées [url] => http://www.solidarite.gouv.fr/IMG/pdf/rapportCNCPH.pdf ) ) ) [50] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H3. Training for lawyers [theme_slug] => h3-training-for-lawyers [theme_id] => 50 [contents] => We do not yet have information on this item. [update_date] => 2012-05-28 17:38:27 [links] => Array ( ) ) [51] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H4. Training for doctors [theme_slug] => h4-training-for-doctors [theme_id] => 51 [contents] => We do not yet have information on this item. [update_date] => 2012-05-28 17:38:45 [links] => Array ( ) ) [52] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H5. Training for engineers [theme_slug] => h5-training-for-engineers [theme_id] => 52 [contents] => The field of accessibility appears to be the most active in setting norms, requirements and obligations within the training of the concerned professions. A seriesof legislative decrees and arrêtés have been issued since the law of 11 February 2005. [update_date] => 2012-05-28 17:40:11 [links] => Array ( ) ) [53] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H6. International development aid [theme_slug] => h6-international-development-aid [theme_id] => 53 [contents] => We do not yet have information on this item. [update_date] => 2013-04-24 16:21:32 [links] => Array ( ) ) ) ) ) )