New law on equal opportunities to tackle urban violence

In March 2006, the French parliament adopted a law on equal opportunities in response to the wave of urban violence which took place in autumn 2005. The law encompasses a number of key areas concerning the promotion of youth employment, provision of career advice and training, combating discrimination, and reinforcing parental and local authority responsibilities. Some of the new measures have attracted strong criticism from the social partners.

The equal opportunities law (in French), which was enacted on 31 March, is considered to be a response to last November’s wave of urban violence. According to the government, the overall aim is to ‘put an end to unequal opportunities and discrimination experienced by people living in vulnerable neighbourhoods’. Although the proposed ‘first job contract’ (Contrat première embauche, CPE) (FR0605059I) eclipsed all the other provisions of this law, it was, in fact, just one of several measures.

Key aspects of new law

The comprehensive new law consists of five main strands.

Promoting youth employment in high-risk urban areas

The new legislation provides for the creation of a junior apprenticeship position in urban areas that are classified as ‘sensitive’ or ‘high-risk’ zones. This apprenticeship comprises two phases:

• initial junior apprenticeships from the age of 14 years, providing an introduction to various occupations;

• junior apprenticeships from the age of 15 years, based on an apprenticeship contract.

Companies that take on junior apprentices and ensure mentorship throughout the training will benefit from tax credits.

The new legislation also introduces stricter rules governing job placements (FR0604029I). Unless these work placements constitute an integral part of an educational programme, their initial or total length must not exceed six months. When placements last longer than three consecutive months, trainees must be remunerated: the amount of the payment can be fixed by sector-level collective agreements or extended occupational agreements.

The law also seeks to reduce geographical inequalities and sets out economic development measures by creating ‘urban free zones’ in particularly disadvantaged neighbourhoods with more than 8,500 residents. In order to foster economic renewal in these zones, they will benefit from financial support by the government, mainly in the form of tax and social security contribution exemptions.

Combating discrimination

A National Agency for Social Cohesion and Equal Opportunities has been created, aimed at increasing government presence in high-risk areas and consolidating action that promotes integration.

In line with the recommendation of the Supreme Administrative Court (Conseil d’État), the law gives particular powers to the High Authority in charge of fighting discrimination and promoting equality (Haute autorité de lutte contre les discriminations et pour l’égalité, HALDE – see the authority’s annual report (in French, 965Kb PDF)) (FR0403101N). Among these provisions, HALDE is to recommend that the local representative of central government (Prefect) should impose administrative penalties on companies found guilty of discriminatory behaviour.

The law legitimises the use of undercover ‘discrimination testers’, a practice that has been developed by the SOS-racism association (SOS-Racisme), in order to establish irrefutably whether discriminatory behaviour exists or not.

Diversity is becoming an increasingly important concept in French society. The Higher Commission for Radio and Television (Conseil supérieur de l’audiovisuel, CSA) must, therefore, reinforce diversity in French broadcasting.

An amendment to the law was also adopted, which provides for an extension of the use of anonymous CVs during recruitment in companies with over 50 employees. A bill is due to set out the procedures for implementing this measure.

Reinforcing parental responsibility

The creation of a parental responsibility contract (contrat de responsabilité parentale) – within the remit of regional authorities – will lay down objectives for parents and outline measures that social services should take if a family situation justifies intervention. If the families concerned do not respect the contract, the competent authorities can decide to suspend certain benefits temporarily.

Increasing the powers of local authorities

Local mayors will have greater powers in relation to petty crime and antisocial behaviour.

Providing career advice and training

The new law also provides for the creation of a voluntary civil service (service civil volontaire) for young people aged between 16 and 25 years. This voluntary programme aims to prepare young people for employment, by providing career advice and training.

Reaction of the social partners

Some of the measures contained in the new law have provoked strong and almost unanimous reactions from the social partners.

This is particularly the case in relation to the issue of apprenticeships. The French Democratic Confederation of Labour (Confédération française démocratique du travail, CFDT), the French Confederation of Professional and Managerial Staff – General Confederation of Professional and Managerial Staff (Confédération française de l’encadrement – confédération générale des cadres, CFE-CGC) and the French Christian Workers’ Confederation (Confédération française des travailleurs chrétiens, CFTC), have emphasised the risk of apprenticeships losing their high standing, as they would become a route for young people who drop out of school. The General Confederation of Labour (Confédération générale du travail, CGT) and the General Confederation of Labour –Force ouvrière (Confédération générale du travail – Force ouvrière, CGT-FO) also regret that the law undermines the principle of compulsory school education until the age of 16 years.

The Movement of French Enterprises (Mouvement des entreprises de France, MEDEF) called for the amendment regarding anonymous CVs to be withdrawn. MEDEF considers that the issue should be dealt with by collective bargaining and that, in any case, the measure cannot be implemented in small and medium-sized enterprises. The General Confederation of Small and Medium-sized Enterprises (Confédération générale des petites et moyennes entreprises, CGPME) and the Craftwork Employers’ Association (Union professionnelle artisanale, UPA) agree with MEDEF on this point.

Christèle Meilland, Institute for Economic and Social Research (IRES)