France: The protection available to homosexuals, especially foreigners with legal status, such as foreign students (2001-November 2004)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 16 December 2004 |
| Citation / Document Symbol | FRA43219.FE |
| Reference | 1 |
| Cite as | Canada: Immigration and Refugee Board of Canada, France: The protection available to homosexuals, especially foreigners with legal status, such as foreign students (2001-November 2004), 16 December 2004, FRA43219.FE, available at: https://www.refworld.org/docid/42df60e72.html [accessed 3 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to Freedom House's Freedom in the World 2004 report, homosexual rights are protected in France (9 Sept. 2004). A 2001 report on the laws on sexual minorities around the world indicates that homosexuality is legal in France and that some legal protection is provided to homosexuals (Baird July 2001). For example, the employment laws provide protection from discrimination, and the civil solidarity pacts (Pactes civils de solidarité, PACS) concluded in 1999 granted rights to same-sex couples (ibid.; Gay Times 2 Feb. 2004). Although the PACS do not legalize same-sex marriage, they grant homosexual couples similar advantages to those granted to heterosexual couples, such as access to health and welfare benefits and the right to file a joint tax return (New York Times 20 May 2004).
Moreover, a bill against homophobia, which punishes "with a year's imprisonment and hefty fines anyone who attacks, including verbally, homosexuals because of their sexual orientation" (HRWF 21 July 2004), was approved by the National Assembly in July 2004 (France 2 24 June 2004). According to a November 2004 article, the bill was passed by the Senate in November 2004 (Libération 25 Nov. 2004).
Little information on the protection available to foreigners with legal status in France could be found among the sources consulted by the Research Directorate. In a January 2004 press release, the Association for the Recognition of Immigration and Residence Rights of Homosexuals and Transgenders in France (Association pour la reconnaissance des droits des personnes homosexuelles et transsexuelles à l'immigration et au séjour, ARDHIS) indicated that it was concerned by the fact that the 2004 law on immigration and the right of residence for foreigners did not mention the PACS or the right of residence for foreigners in same-sex couples (29 Jan. 2004). ARDHIS is a non-governmental organization in Paris that [translation] "assists binational couples by helping the foreign spouse legalize his or her situation in order to live with his or her French partner. ARDHIS can also counsel a homosexual who is persecuted in his or her country of origin because of sexual orientation, work with a foreign transsexual through the legal procedures, etc." (n.d.).
In May 2004, the New York Times indicated that it is sometimes difficult for a non-French partner in a PACS union to obtain "a residence permit or French citizenship, especially for foreigners from places like North Africa" (20 May 2004).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Association pour la reconnaissance des droits des personnes homosexuelles et transsexuelles à l'immigration et au séjour (ARDHIS). 29 January 2004. "Communiqué de presse."
_____. n.d. "Bienvenu(e)."
Baird, Vanessa. July 2001. The No-Nonsense Guide to Sexual Diversity. "Sexual Minorities and the Law: A World Survey."
Human Rights Without Frontiers (HRWF). 21 July 2004. "Anti-Homophobia Legislation Could Stifle Free Speech, Warns Bishops."
France 2. 24 June 2004. "Draft Anti-Homophobia Bill Planned."
Freedom House. 9 September 2004. "France." Freedom in the World 2004.
Gay Times [London]. 2 February 2004. "Lesbian and Gay France."
Libération. 25 November 2004. Charlotte Rotman. "Le Sénat adopte le texte sur l'homophobie."
New York Times. 20 May 2004. Elaine Sciolino. "Paris Journal: Losing its Nonchalance, France Feuds Over Gay Vows."
Additional Sources Consulted
Three oral sources did not respond to information requests within the time constraints.
Internet sites, including: Amnesty International, Country Reports 2003, European Country of Origin Information Network (ECOI), Human Rights Watch, International Gay and Lesbian Human Rights Commission (IGLHRC), International Lesbian and Gay Association (ILGA), World News Connection.
