France

Government responsibilities

Within the French government, a Secretary of State to the Prime Minister currently has responsibility for gender equality and the fight against discrimination (Decree of 17 May 2017 on the composition of government). From June 2012 to August 2014, a full Ministry of Gender Equality and Women’s Rights was responsible for monitoring gender equality policy and actively promoting gender equality in public policy. In August 2014, however, it was replaced with a Secretary of State to the Ministry of Social Affairs, Health, and Women's Rights. In March 2016, women’s rights were transferred to the Ministry of Families and Childhood.

Now attached to the Prime Minister’s office, gender equality remained the responsibility of a Secretary of State after the 2017 presidential election. As a Secretary of State has fewer resources (and fewer staff), they may not always participate in the Council of Ministers. The fact that the Secretary of State is attached to the Prime Minister’s office may, however, positively impact gender mainstreaming.

At national level, the SDFE is the central administration unit and government body in charge of gender equality and gender mainstreaming, under the responsibility of the General Directorate for Social Cohesion (Direction générale de la cohesion sociale, DGCS), within the Ministry of Solidarity and Health. The authority over the SDFE is shared between the Ministry of Solidarity and Health and the Secretary of State responsible for gender equality and the fight against discrimination (among others) [1]. As a service, the SDFE is at the lower level of the Ministry and has no authority in respect of other ministries’ decisions, thus limiting its influence in relation to gender mainstreaming.

The SDFE promotes women’s rights and gender equality at national, regional and departmental level. It coordinates 26 regional and 100 district Delegations for Women’s Rights and Gender Equality, thereby providing France with a dense institutional network to implement a gender mainstreaming strategy. The policy fields and influence of the SDFE mandate have varied over time, depending on the status of its political authority and the size of its staff. The SDFE has regional management (in all mainland regions and oversea territories) and department delegates.

Since the late 1990s, gender mainstreaming has been promoted through inter-ministerial cooperation. In 2012, an Inter-ministerial Committee of Women’s Rights and Gender Equality was established (Decree No. 2012-1097 of 28 September 2012), with responsibility for the enforcement of women’s rights, the fight against gender stereotypes and discrimination, combating gender-based violence and the promotion of gender equality in all fields of government action. The Committee meets at least twice a year.

The Superior Council of Gender Equality at Work (Conseil supérieur de l’égalité professionnelle entre les femmes et les hommes, CSEP) is a tripartite advisory body dedicated to gender equality in employment and working conditions. First instituted as part of the SDFE by the so-called ‘Roudy law’ of 13 July 1983, it became a full advisory body in 2013 (Decree No. 2013-371 of 30 April 2013). The president and vice-president of the CSEP are the Secretary of State responsible for gender equality and the Minister for Employment, respectively. The advisory body has some degree of latitude, although the Secretary of State or the Minister can refuse to publish its reports and advice.

The High Council for Equality between Women and Men (Haut Conseil à l’égalité entre les femmes et les hommes, HCE or HCEfh) is an independent advisory body created by the Decree of 3 January 2013. It replaced the Observatory on Parity (OP, created in 1995) that provided expertise on gender balance in decision-making and monitored the implementation of equality laws in politics. The 2017 Law on equality and citizenship recognised the independence of the HCE. It covers a wide range of areas, organised in five commissions:

1. gender-based violence;
2. gender stereotypes;
3. European and international issues;
4. equality in politics, administration, economics, and the social sphere; and
5. sexual and reproductive health and rights.

Independent gender equality body

The Defender of Rights is an independent administrative authority (autorité administrative indépendante, AAI) that replaced the Ombudsperson, the Defender of Children and the High Authority against discrimination (Haute Autorité de lutte contre les discriminations, Halde). It has five tasks: defence of rights of users of public services; defence and promotion of children's rights; fight against discrimination and promotion of equality; respect of ethics by security professionals; and protection of whistleblowers. The Defender of Rights was created in 2011 (Organic Law of 29 March 2011) to combat discrimination and promote equality on a number of grounds, including gender, and to defend and promote human rights, including women’s rights.

Gender is under-represented in the discrimination claims reported to the Defender of Rights, accounting for only 12 % of such claims, mostly related to pregnancy, family status and gender (about 4 % of each criterion). The Defender of Rights’ campaign against sexual harassment contributed to a significant rise in related complaints, although these remain far below the true extent of the phenomenon. The institution has no dedicated unit for gender equality and none of its experts are dedicated to gender-based discrimination. Intersectionality is part of its approach, with discrimination on the ground of gender often linked to other grounds for discrimination, such as disability or ethnicity.

Parliamentary bodies

As for represented elected bodies, in the French Parliament, since law No. 99-585 of 12 July 1999 creating parliamentary Delegations of Women’s Rights and Equal Opportunities (Délégations aux droits des femmes et à l'égalité des chances entre les hommes et les femmes), two such delegations were created, one in the National Assembly and the other in the Senate. Both are permanent parliamentary bodies responsible for gender equality. However, the fact that both are congressional delegations and not commissions mean that their resources are low and that they cannot, unlike delegations, propose amendments. These delegations produce information reports on dedicated topics, often in line with Bills. Reports rely on hearings of civil society representatives, social partners, experts or researchers.

Since February 2000, there has also been a Delegation of Women’s Rights and Equality within the Economic, Social and Environmental Council (Conseil économique, social et environnemental, CESE), a consultative and representative assembly that replaced the Economic and Social Council in 2008 (Constitutional Law of 23 July 2008; Organic Law of 28 June 2010).

Regional structures

Regional, departmental and local authorities may initiate their own gender equality policies. Decentralised services such as the SDFE oversee the regional or departmental implementation of national gender equality policy.

The French regions have recently undergone significant reform. Law No. 2015-29 of 16 January 2015 reduced the number of metropolitan regions from 22 to 13. As a consequence, some regions merged and became larger while others remained unchanged, such as Brittany, the Ile-de-France or Provence-Alpes-Côte-d’Azur (Paca), that consequently became relatively less important (in economical, geographical and demographical terms). The Law of 7 August 2015 on the new territorial organisation of the republic (Nouvelle organisation territoriale de la république, Notre) redefined the competences of local authorities and gave new competences to regions.

Devolved state services at regional level

The SDFE has devolved units in mainland France and its overseas territories: 20 regional authorities (one in each of the 18 régions, plus Saint Pierre and Miquelon, and Wallis and Futuna) and delegates in each department at local level (101 départements) [2]. These units are under the authority of the state, in line with the French devolution principles. At national level, the SDFE is part of the DGCS, while its regional authorities (DRDFE) are under the influence of regional prefects and its departmental delegates (DDDFE) are overseen by either departmental prefects or the corporate Devolution Administration of Social Cohesion.

At the regional level, DRDFEs are responsible for the implementation of inter-ministerial gender equality policy. Their role is not to define departmental and local actions but, rather, to coordinate regional actors, develop partnerships, stimulate initiatives within departments, and identify and promote good practices. They contribute to the spread of gender equality culture, the fight against gender-based violence, the promotion of women's access to their rights, and gender equality in employment and training. National policies thus play a role in shaping the objectives pursued and partnerships created.

DRDFEs remain largely under-documented but appear to rely on limited resources. Each DRDFE employs four people: a regional delegate director, an assistant regional delegate director, an administrator and a departmental delegate. Each DRDFE has only one ministerial representative. As they have small budgets, their actions chiefly consist of supporting initiatives and partnerships, notably with NGOs. A large part of the state budget for gender equality is dedicated to NGOs, most notably the National Federation of Information Centres on Women’s Rights and Families (Fédération nationale des centres d’information sur les droits des femmes et des familles, FNCIDFF).

Decentralised territorial policy

In mainland France, Regional Councils are the administrative units responsible for defining local policy. In Corsica and overseas territories, this responsibility is held by territorial collectives (regional level) and departmental councils (departmental level). Many regions, departments and other local authorities develop their own gender equality policies[vi]. According to Article L111 of the Local Authorities’ Code, competence for the promotion of gender equality is shared among regional and departmental/local authorities.

Regional authorities underwent substantial reform in 2016, with the 27 French administrative regions merged into 18 areas (12 in mainland France, plus Corsica and five overseas territories). Consequently, merged regions that did not share the same policy traditions had to redefine their territorial policies, including gender equality policies.

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