Reservations and Declarations for Treaty No.035 - European Social Charter

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 21/08/2019

France

Declaration contained in a letter from the Permanent Representative of France, dated 5 March 1973, handed to the Secretary General at the time of deposit of the instrument of approbation, on 9 March 1973 - Or. Fr. .

I. In accordance with the provisions of paragraph 1 (b) and (c) of Article 20

List of Articles which France is able to accept in respect of all the obligations specified in each of the numbered paragraphs :

- the right to work (Article 1) ;
- the right to safe and healthy working conditions (Article 3) ;
- the right to a fair remuneration (Article 4) ;
- the right to organise (Article 5) ;
- the right to bargain collectively (Article 6) ;
- the right of children and young persons to protection (Article 7) ;
- the right of employed women to protection (Article 8) ;
- the right to vocational guidance (Article 9) ;
- the right to vocational training (Article 10) ;
- the right to protection of health (Article 11) ;
- the right to social security (Article 12) ;
- the right to benefit from social welfare services (Article 14) ;
- the right of physically or mentally disabled persons to vocational training, rehabilitation and social resettlement (Article 15) ;
- the right of the family to social, legal and economic protection (Article 16) ;
- the right of mothers and children to social and economic protection (Article 17) ;
- the right to engage in a gainful occupation in the territory of other Contracting Parties (Article 18) ;
- the right of migrant workers and their families to protection and assistance (Article 19).

List of Articles which France accepts in respect of the obligations specified in the numbered paragraphs :

- Article 2, paragraphs 1, 2, 3 and 5 ;
- Article 13, paragraphs 1, 3 and 4.
Period covered: 08/04/1973 -
Articles concerned : 20

Declaration contained in a letter from the Permanent Representative of France, dated 5 March 1973, handed to the Secretary General at the time of deposit of the instrument of approbation, on 9 March 1973 - Or. Fr. .

Article 12, paragraph 4 (a) concerns equality of social security treatment between nationals of each of the Contracting Parties and those of the other Parties.

The maternity allowance payable under Article L 519 of the French Social Security Code is of such a nature as not to be covered by Article 12, paragraph 4 (a).

The allowance is not intended, as are family allowances, for the maintenance of children. It was introduced for essentially demographic reasons, for the specific purpose of encouraging the birth of French children in France, and hence has a specifically national and territorial character.

However, the national character of this allowance has been criticised in international bodies, which believe that it should be extended to all insured persons resident in French territory. The French Government has accordingly decided recently to investigate the possibility of complying with their wishes.

The French Government asks that formal note now be taken of its intention, pointing out that it will require some considerable time to complete the relevant investigations because of the procedure involved, which entails consulting not only the various ministerial departments concerned, but also family associations, employers' organisations and trade unions.
Period covered: 08/04/1973 -
Articles concerned : 12


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