France

Governmental equality bodies

The government has a Deputy Minister responsible for gender equality matters attached to the Prime Minister’s Office since 2017. Although the deputy minister responsible for gender equality is a junior Minister and thus few resources, the fact that the Deputy Minister is attached to the Prime Minister’s office may, however, positively impact gender mainstreaming.

At national level, the Service for Women’s Rights and Gender Equality (SDFE) is the governmental body responsible for gender equality and gender mainstreaming. It is under the responsibility of the General Directorate for Social Cohesion (Direction générale de la cohesion sociale, DGCS), located within the Ministry of Solidarity and Health. Authority over the SDFE is shared between the Ministry of Solidarity and Health, and the Deputy Minister responsible for gender equality and the fight against discrimination (among others). The SDFE is positioned at a relatively low level of the Ministry and therefore 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 overseas territories) and department delegates.

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 that was created by the Decree of 3 January 2013 replacing the Observatory on Parity (OP, created in 1995). The 2017 Law on equality and citizenship recognised the independence of the HCE. It covers a wide range of areas and, in terms of its organisational structure has five thematic commissions.

The HCE contributes to the evaluation of public policies regarding equality between women and men by ensuring the evaluation of impact studies of laws, by collecting and disseminating analyses related to equality and by formulating recommendations and opinions to the Prime Minister. Since 2017, the HCE has also been tasked with presenting an annual report on the state of sexism in France.^[8] 

In addition to its thematic commissions, the HCE monitors the Superior Council for Gender Equality at Work (CSEP). The CSEP (Conseil supérieur de l’égalité professionnelle entre les femmes et les hommes) 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). It was integrated into the HCE in July 2021.^[9]

Since the late 1990s, gender mainstreaming has been promoted and coordinated 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, with all Government Ministers in attendance. It is presided over by the Prime Minister or the Deputy Minister responsible for Equality between Women and Men. The Committee adopts the Inter-ministerial Action Plan for professional equality between women and men, as well as an Inter-ministerial Plan to combat violence against women.

Independent 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).

The Defender of Rights Tasks

1. Defence of rights of users of public services
2. Defence and promotion of children's rights
3. Fight against discrimination and promotion of equality
4. Respect of ethics by security professionals
5. Protection of whistle-blowers

The Defender of Rights was created in 2011 (Organic Law of 29 March 2011) to combat discrimination and promote equality on several grounds, including gender, and to defend and promote human rights, including women’s rights. Any person can refer to the Defender of Rights directly, and at no cost, if they believe they have been discriminated against. This institution possesses multiple tools, such as significant investigation powers and legal instruments to protect and defend. The National Assembly and the Senate regularly consult the Defender of Rights^[10] on draft legislations. The Defender of Rights can propose legislative modifications and can publish its opinion on a proposition/project of law without being solicited.

Gender is under-represented in terms of discrimination claims reported to the Defender of Rights. Indeed, the 2020 Annual Activity Report reveals that claims relating to discrimination on the grounds of sex account for 5.1 % of the claims reported, with gender identity representing 1.6 % of the claims, and sexual orientation representing 1.4 % of the claims filed. 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 grounds of gender often linked to other grounds for discrimination, such as disability or ethnicity.

The Defender of rights has 250 employees at the national administration level and more than 500 delegates spread across the French regional administrations.

Parliamentary body

In France, there is no specific commission specialised in gender equality at parliamentary level. Instead, two permanent delegations are responsible for gender equality, one in the National Assembly and the other in the Senate, established under law No. 99-585 of 12 July 1999 creating parliamentary Delegations of Women’s Rights and Equal Opportunities between Men and Women (Délégations aux droits des femmes et à l'égalité des chances entre les hommes et les femmes). However, the fact that both are congressional delegations and not commissions means that their resources are low and that they cannot propose amendments. These delegations produce informational reports on dedicated topics, often in line with bills. Reports rely on hearings with civil society representatives, social partners, experts, or researchers.

Since February 2000, a Delegation of Women’s Rights and Equality^[11] within the Economic, Social and Environmental Council (Conseil économique, social et environnemental, CESE)^[12] has also been in place, 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 structure

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 SDFE has devolved units in mainland France and in its overseas territories. These units are under the authority of the State, in line with 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. Its departmental delegates (DDDFE) are overseen by either departmental prefects or the corporate Devolution Administration of Social Cohesion.

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. According to Article L111 of the Local Authorities Code, competence for the promotion of gender equality is shared among regional and departmental/local authorities.