France – 2014 results

There are new measures on gender-based violence that were adopted as part of the 2014 law on gender equality.^[18]The 2014-2016 National Plan to tackle violence against women covers various forms of violence, including domestic violence, sexual violence and female genital mutilation.^[19] A 2013 study on violence against women in France states that women are three times more likely than men to be victims of sexual violence (respectively 1.3% and 0.5%).

In 2010, a new law was enacted that specifically addresses domestic violence.^[20] The definition includes psychological as well as physical violence. Article 31 of the law specifies punishment for perpetrators of violence on their spouse or partner, which can range from three years of imprisonment and a fine of 45000 euros (when the victim is physically incapacitated and/or may not be able to return to work for up to 8 days following the violence) to five years of imprisonment and a fine of 75000 euros when the physical damage stops the victim from working for more than 8 days.^[21]The Divorce Act of 26 May 2004 established the eviction of a violent spouse from the conjugal home.^[22] Building on previous national plans to combat domestic violence, including awareness-raising and sensitization of institutional stakeholders, France introduced “le Téléphone Grand Danger”, through which female victims of violence can call and get help in less than 10 minutes. The system works through a regulation platform that evaluates the danger and then alerts the relevant services.^[23] A 2010 violence against women survey found that on average, a woman was killed every 2.5 days and a man is killed every 13 days due to domestic violence.^[24]

The Penal Code criminalises rape and perpetrators are punished by 15 years in prison.^[25] A 2006 Law recognises spousal rape and removes the presumption that spouses have consented to sexual acts within the intimacy of married life. ^[26]

Sexual harassment is addressed in a specific law of 2012. Under the law, punishment for perpetrators was increased for perpetrators to two years of imprisonment with a maximum fine of 30 000 euros. In the case that the sexual harassment was carried out against a minor, or more vulnerable persons (illness, disability, pregnancy), the punishment can be extended to three years of imprisonment and a fine of 45 000 euros.^[27] Any act of discrimination linked to sexual harassment is punishable by one year of imprisonment and a fine of 3 750 euros.^[28]

There is no law on female genital mutilation in France although it can be punished under the Penal Code. ^[29] Punishment can range from 10 to 20 years of imprisonment and a fine of 150 000 euros. A 2006 law allows for the prosecution of female genital mutilation committed abroad and obliges medical professionals to report it, making it an exception to medical confidentiality.

France was the first European country to pursue trials for perpetrators of female genital mutilation.^[30]Between 1979 and 2004, a total of 29 FGM court cases were brought before criminal courts.^[31] It is very difficult to estimate the number of women who have undergone FGM in France, especially as it concerns migrant communities and that the practice is carried out overseas. 2004 estimates suggest that 53 000 adult women (18 years old and over) in France had undergone FGM.^[32]Threat or risk of FGM can be a cause for claiming asylum and international protection in France. ^[33]

Abortion has been legal in France since the 1975 “Veil Law”. Article L.2212-1 of the Public Health Code (Code de la santé publique) allows a woman to terminate her pregnancy during the first 12 weeks of her pregnancy.^[34] In 2014, the condition that a woman must be in “condition of distress” was removed from the Law.

In 2005, 73% of women aged 15 to 54 years old were using contraception methods and more than one out of 10 women (13,7%) already using the morning after pill as an emergency procedure. In 2006 there were 14.5 voluntary pregnancy terminations for 1000 women, which at the time represented one of the highest levels for Western Europe. The 2008 finance law of social security of from 19 December 2007 has authorised health centres to terminate pregnancies on demand.^[35] Since 2012, under 15-years olds have free access to contraceptives are free or partially covered by health insurance; abortion-related costs are completely covered.