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

Nature of declaration : Reservations
Status as of 27/05/2019

France

Reservation 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. and withdrawn by a letter from the Minister for External Affairs, dated 29 March 1984, registered at the Secretariat General on 27 April 1984 - Or. Fr. .

According to paragraph 4 of Article 2 concerning "the right to just conditions of work", member States must "provide for additional paid holidays or reduced working hours for workers engaged in dangerous or unhealthy occupations as prescribed". However, in France, efforts to protect workers against the risks to which they are exposed are directed towards improving working conditions in order to eliminate dangerous or unhealthy situations. Consequently, the French Government cannot undertake to comply with the provisions of paragraph 4 of Article 2.
Period covered: 08/04/1973 - 27/04/1984
Articles concerned : 2

Reservation 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. and withdrawn by a letter from the Minister for External Affairs, dated 29 March 1984, registered at the Secretariat General on 27 April 1984 - Or. Fr. .

Paragraph 2 of Article 13 on "the right to social and medical assistance", requires each member State to "ensure that persons receiving such assistance shall not, for that reason, suffer from a diminution of their political or social rights". However, Article L 230-3 of the French Electoral Code provides that persons exempt from payment of local rates and persons receiving assistance from social welfare offices cannot be elected to municipal councils. This provision, originating in the Local Government Act of 1884, was originally intended to apply to assistance to paupers, which was then still provided at the discretion of the municipal authorities; it has since largely lost its point, as tax arrangements and social welfare are now usually governed by general texts, and current court practice is to regard the Electoral Code's provisions concerning ineligibility as not applicable to persons receiving assistance under statutory schemes. While the Government would be in favour of rescinding Article L 230-3 in order to allow for this development, it is bound to state that, as domestic legislation stands at present, Article 13, paragraph 2 of the Charter is incompatible with the above-mentioned provision.
Period covered: 08/04/1973 - 27/04/1984
Articles concerned : 13


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