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LIVING IN FRANCE

The ‘French values’ that foreign residents must respect

People requesting French residency cards must now sign a contract promising to 'respect the values of the French Republic' - from sexual equality to the Marseillaise via proselytising, here's what you're actually agreeing to.

The 'French values' that foreign residents must respect
A teacher goes over the words of the French national anthem 'La Marseillaise' at a school in western France in 2019 (Photo by XAVIER LEOTY / AFP)

Several sections of France’s new immigration law are now in force, including the new ‘contract to respect the values of the republic’.

This requirement, which is now in effect, will apply to most foreigners in France – from students and workers to those with the ‘visitor status’. There are very few exemptions. 

READ MORE: French immigration law: New carte de séjour rules now in force

On a practical level, the contract is just another piece of paper that you need to sign when you’re applying for or renewing a residency card – and refusing to do so means that your permit will not be granted.

The law is largely intended to target foreigners who have become radicalised – such as radical Islamists – and those who represent a serious threat to public safety, but the requirement covers anyone who needs a carte de séjour residency card (with the exception of those few exempt groups listed here).

But what are you actually agreeing to?

The contents of the contract are meant to focus on respect for “personal freedom, freedom of expression and conscience, equality between women and men, the dignity of the human person and the motto and symbols of the Republic as defined in article 2 of the Constitution”.

Below is the full text (in French) and you can also download it here;

The new ‘Republican contract’. Screenshot from the Journal Officiel.

The first segment reads (in English):

“France has welcomed me onto its soil. As part of my application for the issue or renewal of a residence document, I solemnly undertake to respect the principles of the French Republic defined below.

“I undertake to respect personal freedom, freedom of expression and conscience, equality between men and women and human dignity, the motto and symbols of the Republic within the meaning of Article 2 of the Constitution, the integrity of French borders, and not to to use my beliefs or convictions as an excuse to disregard the common rules governing relations between the public services and private individuals.”

Then come seven ‘engagements’ that the person signing the contract would agree to, including things like promising to not discriminate based on sex, to respect people equally regardless of their sexual orientation, as well as to respect symbols of France including the national anthem and the flag.

READ MORE: La Marseillaise: All you need to know about the French national anthem

The seven engagements

Commitment no. 1: Respect for personal freedom

  • I promise to respect every individual’s private life and the privacy of their home and communications.
  • I promise to respect each person’s freedom to come and go and not to hinder in any way their ability to communicate with others.
  • I promise to respect each person’s freedom to choose their spouse.

Commitment no. 2: Respect for freedom of expression and conscience

  • I promise to refrain from any act of proselytising performed under duress, threat or pressure, with the aim of making another person adhere to my values, principles, opinions or convictions, my religion or my beliefs.
  • I promise not to obstruct, by coercion, threat or pressure, any person’s expression of their values, principles, opinions or convictions, religion or beliefs.

Commitment no. 3: Respect for equality between women and men

  • I promise not to adopt any sexist attitude and therefore not to discriminate against anyone on the grounds of sex.
  • In any public office, I promise not to disrupt the running of the service and to behave in the same way towards public servants, whether they are men or women.

Commitment no. 4: Respect for human dignity

  • I promise to respect the laws and regulations in force designed to protect the health and physical and mental well-being of every person.
  • I promise to respect the equal dignity of all human beings, without discrimination of any kind, whether that be based on their origins, their opinions or religion, and to respect the sexual orientation of each person.
  • I promise not to create, maintain or exploit the psychological or physical vulnerability of another person, regardless of my relationship to that person.
  • I promise not to undertake any action likely to compromise the physical, emotional, intellectual and social development of minors, or their health and safety.

Commitment no. 5: Respect for the motto and symbols of the Republic

  • I promise to respect the motto of the Republic, which is “Liberty, Equality and Fraternity”.
  • I promise not to publicly insult the national anthem, the “Marseillaise”, or the national emblem: the tricolour flag.
  • I promise not to provoke such reprehensible acts.

Commitment no. 6: Respect for the territorial integrity of France

  • I promise that I will not challenge – by actions likely to disturb public order, by inciting such actions or by participating in foreign interference – the authenticity of France’s borders and the sovereignty it exercises over its territory, both in mainland France and overseas.

Commitment no. 7: Respect for the principle of secularism

  • Within public buildings and offices, I promise not to challenge the legitimacy of a public official or demand that the operation of a public service or public facility be adapted on the basis of my own religious beliefs or considerations.

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LIVING IN FRANCE

Explained: What is the law in France on prostitution

As the European court of human rights upholds France's laws on prostitution, here's a look at what the law says on the buying and selling of sex.

Explained: What is the law in France on prostitution

On Thursday the European Court of Human Rights ruled in favour of a French law from 2016 that radically overhauled the country’s laws on prostitution.

So what is the position now in the country that became famous for its legalised brothels, immortalised in the works of painters including Toulouse-Lautrec, Ingrès and Manet? 

History

It was Napoleon who laid out France’s long-standing legal code on lawful but regulated prostitution which saw state-sanctioned brothels known as maisons de tolérance or maisons close opening up in French towns and cities.

The legal position in France remained for a long time that prostitution was legal – albeit under tightly controlled conditions; registered brothels which were ‘discreet’ in appearance, prostitutes who were also registered and subject to regular medical inspections.

However in the period after World War II a series of laws were passed that first outlawed brothels and then criminalised behaviour including soliciting for sex, pimping and sex tourism.

The 2016 law

In 2016 a radical shakeup of the law was proposed, aimed at shifting the balance of power in favour of the people (mostly women) who sell sex.

It first repealed some older laws including the ‘Sarkozy law’ introduced in 2003 that made it a criminal offence to “be present wearing revealing clothing at a location known to be used for prostitution”.

But the main thrust of the law was to make it illegal to buy sex – but not illegal to sell sex, or to solicit it.

The idea was to remove the fear of criminalisation for people selling sex and therefore remove some of the barriers to people seeking help – for example to report a crime. The bill also came with a package of measures designed to help people working as prostitutes to leave the profession, if they want to, and enable them to leave exploitative or dangerous situations. 

It also included measures to give residency cards to the estimated 30,000 foreign people working as prostitutes in France – it is estimated that around 80 percent of sex workers in France are foreigners, the majority from eastern Europe or Africa.

Has it worked?

The intention was undoubtedly good, but many argue it has not worked – including the group of 20 sex workers who took France to the European Court of Human Rights over the law.

They say that criminalising customers means that sex workers are forced to work in more isolated and therefore dangerous places and that the drop in custom means that sex workers are being forced to accept customers that they might in the past have turned away.

The continuing ban on brothels means that sex workers must work alone, which raises their level of risk.

The main French prostitutes union Strass says: “It’s been a catastrophic law for our security and our health.”

However, the European judges rules that there is no evidence that the law itself was making sex work unsafe.

Judges said they were “fully aware of the undeniable difficulties and risks to which prostituted people are exposed while exercising their activity”, including their health and safety.

But they added that these were “already present and observed before the adoption of the law” in 2016, being attributed at the time to the since-repealed law against soliciting.

“There is no consensus on the question of whether the negative effects described by the claimants are directly caused by the… criminalisation of buying sexual acts, or their sale, or are inherent or intrinsic to the phenomenon of prostitution… or a whole array of social and behavioural factors,” the judges said.

So what exactly does the law say now?

Buying sex is illegal, punishable by a fine of up to €1,500, rising to €3,750 for repeat offenders. This applies whatever the situation – street prostitution, in a brothel or massage parlour or via an online transaction. 

Clubs including fetish clubs and swingers clubs are legal.

How strictly this law is enforced varies widely according to both place and time.

Selling sex is legal, as is soliciting for sex, however owning or operating a brothel is illegal. It is illegal to live off the earnings of a prostitute or to help or pressure someone to prostitute themselves.

Prostitutes are required to pay tax on their earnings and make an annual tax declaration in the same way as all other self-employed workers in France.

Prostitutes have a union and during the Covid pandemic qualified for furlough payments when they could not work.

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