Government Action Programme Against Violence and Discrimination Committed Based on Sexual

Government action programme against violence and discrimination committed based on sexual orientation or gender identity

31stOctober2012

PRIME MINISTER

Government action

programme

against violence and discrimination committed based on sexual orientation or gender identity

Sexual orientation, whether real or imagined, is still too often the cause of mockery, insults or aggression.

According to the latest surveys carried out, one homosexual person in four in France has already been attacked physically as a homosexual over the last ten years, and one in two has already been attacked verbally. Young people are still too often victims of bullying due to their sexual orientation or gender identity. This causes many of them a great deal of suffering and exposes them to an increased risk of suicide.

Persistent violence and discrimination mean that simply expressing their homosexuality too often remains anordeal. In business, a little over half of homosexual people take the risk to speak about their sexual orientation. The other half finds it difficult to combine their professional and private lives.

This malaise reinforces ignorance. Homophobia is hostility which is shown not just to homosexual people, but more broadly to individuals who express a difference in relation to the sexual norm. It manifests also as lesbophobia and transphobia. Homophobia is violence towards society as a whole, since it prevents free and equal relationships between individuals, whether they are homosexual or heterosexual. While it is now a crime, homophobia is still a significant mindset for many people and is expressed to varying degrees in many daily actions.

To remove the invisibility and indifference surrounding homosexuality and to deal with it wherever encountered, using all the possible levers of public action is the objective of this first government action programme, which has been designed by all levels of administration and to which they are committed.

With the draft law to open up marriage and adoption to same-sex couples, France means to take a significant step forward: thirty years on from the law which decriminalised homosexuality, thirteen years after the vote on the law on civil partnerships, prejudice is being rolled back, equality is on the march and has no reason to wait.

And yet this progress that has been made in the area of equal rights will not on its own sweep away from one day to the next the expression of fear, rejection, intolerance and violence related to differences in sexual orientation and gender identity, which continue to manifest themselves in French society.

The tools to prevent and combat this violence and discrimination must be strengthened. Due to their specific character, this violence and discrimination require specific treatment. With this in mind, the government has designed the first inter-ministerial action programme.

This programme has been the subject of broad consultation and work at an inter-ministerial level that has never been seen before. It has been designed in close partnership with associations. Six working groups looking into countering stereotypes, combating discrimination in employment, measures against violence, actions in relation to social services, international actions and the paths for transgender people met in September and October 2012.

Around one hundred organisations were involved in this consultation: associations that defend the rights of LGBT people, human rights associations, associations involved in education, social partners and institutions involved in the fight against violence and discrimination. Over seventy contributions were made in this context.

Meetings in the field in several cities across France enabled discussions with actors involved in combating this violence and discrimination. Through the commitments they have made, these actors, such as Defender ofRights have enabled the combat against violence and discrimination to move forward. But these responses cannot take the place of State action. The fight against homophobia must become a State policy in its own right.

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1. Combating violence

The frequency of violence committed due to sexual orientation or gender identity, whether physical or verbal, must not be hidden. 24% of homosexual people have already been physically attacked for their homosexuality over the last ten years and 48% have already been verbally attacked (IFOP survey, March 2011).

Data collection and analysis must enable the public response to this violence to be adapted. No-one must be afraid to report a crime, even if this means that they have to reveal their homosexuality to a public official.

Victims must receive better accompaniment with their approaches. Public information must be developed and legislation must change to better respond to violence committed due to sexual orientation or gender identity.

Measure and analyse the reality of this violence

The violence committed against people due to their sexual orientationwill be the subject of 7

collection, measurement and analysis work. Statistical data will be gathered and the studies needed to manage policies to counter this violence will be launched.

In order to reorganise the statistical system for the gendarmerie, the police and legal services, figures on offences committed under existing criminal qualifications will be published each year.

The VIRAGE survey(“Violence and gender relationships. Context and consequences of violence experienced by women and men) produced by the INED, co-financed by the Ministry of Women's rights, will be completed with data showing the exposure of people to these risks of discrimination and violence.

Launch multi-disciplinary training

Training for police officers and gendarmesagainst homophobic violence will be reinforced.

The education provided to trainee officers undergoing their initial trainingby the Ecole nationale supérieure des officiers de police in terms of interviewing, providing a hearing and reception of victims will deal with discrimination committed due to sexual orientation. Criminal law training will now deal specifically with discrimination-related offences.

Multi-disciplinary training sessionsin combating homophobic violence will be organised for police officers, gendarmes and magistrates. They may be implemented by

the Ecole nationale de la magistrature. Reference magistrates responsible for combating discrimination, as laid down by the circular from the Ministry of Justice of 11th July 2007 will be appointed.

Improve reception for victims and complaint recording

The training provided to police officers and security agents will deal with combating discrimination and the impact of prejudice and stereotypes on police officers' actions.

The national police ethics codewill include the terms of article 225-1 of the Criminal code relating to discrimination.

Hearing templatesenabling homophobic offences to be better established will be drafted together by the Ministries of Justice and the Interior for investigators tasked with collecting complaints, as is the case for other offences.

In the context of the credits provided by the Fonds Interministériel de Prévention de la Délinquance(Inter-ministerial Delinquency Prevention Fund - FIPD),social workers operating in police or gendarme stationswill accompany victims, in conjunction with LGBT associations.

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Inform and listen

An information campaignwill be carried out in relation to the rights of victims of homophobic acts, combining tools targeted at the general public and tools targeted at victims.

The strengthening and promotion of the association SOS homophobie's helpline will be proposed.

Strengthen the criminal response

A circular will be dedicated to the criminal responseto violence committed due to sexual orientation or gender identity. Stating respecting for differences and the fight against homophobia during citizenship sessions will be encouraged in the form of educational tools, where necessary with the support of specialist associations.

Miviludes, the mission to monitor and combat sectarian problems, will be contacted to fulfil its monitoring role in relation to “conversion therapies", which claim to "cure" homosexuality.

Specific attention will be paid to homophobic violence and discrimination in detention centres and the needs of the people concerned.

2. Take support from young peopleto change attitudes

In relation to these areas, our young people are divided between more open-mindedness and persistent homophobic prejudice.

At the age where questions on sexuality arise, young people are more vulnerable to homophobic violence, which is the main cause of suicide in teenagers. The number of suicide attempts standards at 12.5% for homosexual or bisexual men and 3% for heterosexual men (INPES data). It is therefore essential that a global homophobia prevention policy is carried out, targeted at all areas of young people's lives.

Young people, teachers and associations have many ideas to move forward on this subject. We must open the doors of educational establishments to these initiatives.

In the school environment, develop sexuality and equality education 9

The circular of 17th February 2003 relating to education on sexuality in schools and high schools will be updated: actors must be able to use it without difficulty in all school environments in a way which is adapted to each age. A working group will establish an action plan on both the emotional and biological aspects of sexuality education by December 2012. An association that fights against homophobia will be involved to ensure that the issue is discussed in full.

New associations which offer interventions in the school environment against homophobia may be given national accreditation, in accordance with current methods.

Prevent homophobic violence at school

The initial training provided to teach, orientation and education staffwill include awareness of the fight against discrimination related to sexual orientation and gender identity.

A ministerial delegation has been created by the Minister for National Education against all types of violence in the school environment. Via victim surveys, it will enable greater awareness of the specific and too-often hidden violence of homophobia.

The Ministry of National Education has launched a mission to combat homophobia, which will look in particular at the prevention of suicide by young people who are victims of homophobia. Proposals will be made at the start of 2013.

The reduced-rate telephone helpline for young people who have questions in relation to their sexual identitywill be the subject of a communication campaign in schools in January 2013.

In higher education, provide better assistants to students who are in personal difficulty

In order to create awareness for staff who are in contact with students who are victims of homophobiaand are experiencing personal difficulty, a practical guide will be published at the start of the academic year in 2013.

An informationcampaignwill be created at the same time to encourage these students to contact the university medical department, the social services department or an LGBT association at their establishment for assistance.

Make the fight against homophobia a public health plan priority

Questions related to sexual orientation and gender identity will be taken into account by the Ministry of Social Affairs and Health in the context of the Young Persons' Health priority (education on sexuality, prevention of sexually transmitted infections) and in the Mental Health priority. Actions to prevent suicide by victims of homophobiawill be carried out in this context.

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Reaffirm the values of sport and popular education

The charter against homophobia, which has been signed by all sports federations, remains current. However, its actual effectiveness must be raised with all federations from 2013 and during the revision of the 2014-2017 objective and resource conventions. In particular, they will make a commitment to circulate the objectives of the charter against homophobia at sports club level.

Collective reception for minors (ACM), with or without accommodation, enable over 2.5 million to go on holiday each year or to be hosted at day camps. The BAFA and BAFD training reference bases must include the themes of homophobic violence and discrimination to enable staff to ultimately handle these issues.

In addition, the objectives to combat homophobia will be on the agenda of discussions with popular education movementsduring the renewal of multi-year objective conventions (CPO).

Change representations

In the context of its actions to encourage diversity, the Government will invite the Conseil supérieur de l'audiovisuel to launch discussions with television and radio station managers in order to identify the ways by which they will contribute to combating homophobic prejudice.

The history of the LGBT movementwill be emphasised by the Ministry of Culture, which will also encourage the collection and use of archives on LGBT issues with the national and territorial network for which it organises inter-ministerial monitoring and management.

3. Act against discrimination on a daily basis

12% of homosexual people declare that they have been refused an in-house promotion and 4.5% state that they are paid less for an identical equivalent position and with identical qualifications. Nearly one homosexual person in five feels that the climate within their company is hostile to them, and just a little over half take the risk of talking about their sexual orientation.

Homophobic discrimination in the employment sector must be sanctioned. The State, in conjunction with social partners, will act to prevent inequality, against discrimination in employment and for the adoption of best practices within companies.

Act against discrimination in employment

The tools to combat discrimination, in particular the methodological guide, which are sent to employment inspectorswill include the acknowledgement of the combat against discrimination related to sexual orientation and gender identity.

The public sector equality charterwill be revised in the context of the social agenda, highlighting the values of public service and the public function. In this context, equal rights and the fight against discrimination committed due to sexual orientation and gender identity will be reaffirmed.

The Ministry of Employment will propose the extension to employees in civil partnerships of entitlement to leave granted to employees for the celebration of their marriage(article L.3142-1 of the Employment Code).

In addition, in agreement with the other relevant Ministers, it will invite social partners to launch discussions on the possibilities of extending to employees in civil partnerships other social rights from which married couples benefit, and on linking their situation to that of married couples on issues relating to providing a home to children.

Finally, a more general discussion on discrimination related to sexual orientation and gender identity in the employment sectormay be carried out by social partners, where applicable clearing the way to the addition of amendments to existing agreements to integrate this dimension, or specific negotiation if they so wish. This issue will be added to the agenda for discussion at the major social conference in 2013.

Give same-sex parent families a full role in family policy

Thecomposition of the different bodies that represent familieswill enable same-sex parent families to express their points of view.

The forms and conditions for accessing public services intended for families(social services, sports centres, leisure centres) will be modified to take same-sex parent families into account.

Act with health staff against homophobia, lesbophobia and transphobia

Health staff will be made aware of the fight against homophobia, lesbophobia and transphobia. A module on sexual orientation and gender identity will be integrated into nursing training and workwill be carried out with the Conseil de l’Ordre des médecins to make health staff aware of discrimination related to sexual orientation and gender identity.

Accompany senior citizens

without discrimination related to their sexual orientation

An awareness programme for professionals working with senior citizenswill be carried out. The IGAS will be contacted to draft an inventory and suggest measures to be taken in favour of homosexual senior citizens, in particular to combat isolation.

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Retirement care home (EHPAD) federations will be contacted to modify the charter on the reception of senior citizens in establishments, in relation to homosexual people and in the context of the commitment against homophobia.

Prevent breaks in the lives of transgender people

Today, the gender change process involves a break which always translates into a deterioration in the person's social condition whereby they are constrained to live for tool link in a gender which is the opposite to that which is recognised officially. Change in officially-recognised civil status is still dependent on the opinion of a psychiatrist and a sterilisation operation.

The Government is committed to the fight against transphobia, to enabling a simpler rectification of civil status and to encouraging access to care for those who wish it.

The prevention and repression of transphobiawill be improved by extending the advances made in the law relating to sexual harassment. The National human rights consultation commission will be contactedto deal with issues on the definition and place of "gender identity" in French law and issues relating to changes in civil status.

The possibility open to transgender people to use a provisional social security number will be simplified.

The Government will resume work to reorganise the care offerin relation to transgender people by trialling the recommendations made by the IGAS in its report published in May 2012, to improve the quality of the care route for transgender people, respecting the principle of free choice of doctor and personal dignity. The Haute Autorité de Santé will be asked to provide an opinion or recommendation on hormone therapy for transgender people. Research into hormone treatments will be encouraged.