| SO | Sexual orientation |
|---|---|
| GI/E | Gender identity/expression |
| SC | Variations of sex characteristics |
| GR1 | Legal gender recognition without self-determination |
| GR2 | Legal gender recognition with self-determination (over 16) |
| GR3 | Legal gender recognition with self-determination (under 16) |
| FPN | LGBTI focal points network |
| CA | Ministerial call to action |
France’s Anti-discrimination law (2008) states that discrimination on grounds of sexual orientation and gender identity is prohibited in the field of education. According to this law, any person who has experienced direct or indirect discrimination on these grounds can submit the facts to the competent court. The Anti-discrimination law was amended in 2017. The first new article states when a person is treated less favourably than another is, has been, or would have been treated in a comparable situation on the basis of their sexual orientation or gender identity, the latter constitutes a direct discrimination. Indirect discrimination within the meaning of this law occurs when a seemingly neutral provision, criterion or practice places or would place a person in less favourable position. An act of discrimination includes any sexual act committed by a person in order to impair another person’s dignity or to create an intimidating, hostile, degrading, humiliating or offensive environment.
Furthermore, the Law on Sexual Harassment (2012) modifies the article 255-1 of the Penal Code stating that any type of distinction made on grounds of “sexual identity” constitutes an act of discrimination.
The former Ministry of Education was actively engaged in the fight against discrimination on grounds of sexual orientation and gender identity, and published a guideline addressed to the teaching staff. The document, entitled Understanding for action: homophobia (2015), urges school staff to act against discrimination on grounds of “sexual identity” in the frame of the School Climate and provides some figures of harassment. The guide contains information about where to address homophobic violence and a specific campaign against homophobia at school (see Information and guidelines).
The Ministry of Education is engaged in the fight against all forms of discrimination including those committed because of sexual orientation or gender identity. Services and resources to prevent, understand, listen and support have been set up for both learners and teachers affected by discrimination. For example, a listening and help service for victims and witnesses of homophobia is in place.
Despite these efforts, France currently has no specific policy against bullying on grounds of sexual orientation, gender idetity and expression or variations in sex characteristics.
There are no national guidelines on how to include LGBTQI inclusive content across curricula, but there is specific information about sexual orientation when it comes to Sex education in schools, colleges and high schools. The Ministry of Education published a circular to establish how the implementation of sex education should take place. According to this document, this subject must be taught in a way that opposes homophobic violence.
Some organisations are accredited by the government as “complementary associations of public education” to design school-based interventions (IMS).
The Law on 21stCentury Justice Modernisation (2016) states that any adult or emancipated minor can apply to have their gender corrected in the acts of the civil registry. The person must demonstrate sufficient facts to support their claim. This can be done by demonstrating that they appear in public following the gender identity for which they apply; that they are known in that gender identity to family, friends and colleagues; or that they have changed their name to one of the affirmed sex. Activists state that “this procedure (…) continues to give judges a central role in determining and accepting the validity of an applicant’s gender identity. It is also particularly painful that young persons will continue to be barred from having their gender identity recognized in France”.
The legal provisions drawn from the law of 18 November 2016 have been supplemented by the decree N ° 2017-450 of 29 March 2017 relating to the procedures of first name change and sex marker modification in the civil status. This decree also introduces a new section within the Code of Civil Procedure entitled “The modification of the mention of sex in the acts of civil life”. Articles 1055-5 to 1055-9 of the latter Code now govern the subject. The provisions remain the same except for the following “The request for modification of the mention of the sex in civil status documents and the first names belong to matters of grace. The remedies are open to the Public Prosecutor”.
According to the government, a calm school climate is an essential condition for ensuring the well-being and development of students, and good working conditions. With that perspective, the Ministry of Education collects specific information on the school climate at the national level. This data is not collected systematically, but it offers some specific information. The latest report shows that 30,2% of all complaints of violence have to do with witnessing homophobic insults. The rest of incidents are only segregated by the gender of the person who has declared the act and not by grounds of discrimination.
SOS Homophobia is a civil society organisation which acts as an observatory on violence and publishes an annual report with information in this regard. The latest report (2017) shows that 23% of all physical aggressions were experienced by people under the age of 18 (42% under the age of 25). The organisation is supported by the government to do this work.
According to the government, a calm school climate is an essential condition for ensuring the well-being and development of students, and good working conditions. With that perspective, the Ministry of Education collects specific information on the school climate at the national level. This data is not collected systematically, but it offers some specific information. The latest report shows that 30,2% of all complaints of violence have to do with witnessing homophobic insults. The rest of incidents are only segregated by the gender of the person who has declared the act and not by grounds of discrimination.
SOS Homophobia is a civil society organisation which acts as an observatory on violence and publishes an annual report with information in this regard. The latest report (2017) shows that 23% of all physical aggressions were experienced by people under the age of 18 (42% under the age of 25). The organisation is supported by the government to do this work.
There are several support systems and helplines supported or launched by the government to support LGBTQI learners. For instance, the Youth Health line was launched by the Ministry of Health to offer an individualised and confidential free listening line for young people and the No to harassment line by the Ministry of Education to provide information to teachers, parents, or learners who have experienced school bullying (see Information and guidelines).
The Ministry of Education has developed the programme No to harassment line which is aimed to tackle all types of school bullying, but specifically mentions discrimination on grounds of sexual orientation and gender identity. The site provides several tips and resources addressed to education institutions, such as guidelines for teachers, prevention plans for schools, specific awareness tools and campaigns and links to relevant services. The programme provides a helpline for teachers, parents and learners.
In 2015, the Ministry of Education launched a national campaign to prevent violence and discrimination, and to support victims. The campaign Homophobia has no place at school was developed to tackle the high numbers of learners who had experienced violence because of their sexual orientation, as reported by SOS Homophobia.
The Ministry of Education provides support to civil society organisations in the field of education and has signed concrete partnership agreements with those who provide lessons for students or teacher training (see Education curricula and Teacher training). The Ministry of Education and the Inter-ministerial mission to combat racism, anti-Semitism and homophobia and transphobia fund civil society organisations to develop concrete actions in the field of education.
– France signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– France is member of the European Governmental LGBTI Focal Points Network.
In 2013-2014, the programme «ABCD de l’égalité» was piloted by the former Education Minister, Najat Vallaud-Belkacem, who was at the time, Women’s Rights Minister. This programme aimed to combat gender stereotypes and promote gender equality, starting from preschool. The programme, however, was interrupted at the end of the school year after months of debate. At the time, there were many controversies around the so-called ‘gender theory’ and a movement was initiated by a few activists, spreading false information on this programme, calling on parents to remove their children from school. It is unclear whether the current Education Minister will implement LGBTQI inclusive policies.
C’est comme ça [http://www.cestcommeca.net/]
C’est comme ça has been developed by SOS Homophobia. The website provides several resources (media, news, descriptions, tips, links, etc.) for LGBTQI young people.
Covers: SO, GIE and SC
MAG [https://www.mag-jeunes.com]
This association designs school-based interventions to fight prejudice and discrimination against LGBT youth in their schools. Concretely, the interventions are realised in the form of a debate between the students and the speakers, where subjects like trans identities, stereotypes of gender, and the discovery of sexual orientation are approached.
Covers: SO, GIE and SC
