France's parliament has overwhelmingly passed a ‘comprehensive’ bill against gender-based and sexual violence - although the bill now moves to the more conservative Senate, with the bill’s supporters fearing that the key advances achieved may be watered down, even though the government has pledged to safeguard its aims.
Tabled in the Assemblée National by a cross-party group the bill was passed by 503 votes to 0 on Tuesday evening.
Only MPs from the hard left La France Insoumise abstained, criticising in particular the removal of measures aimed at protecting foreign women.
The charity Women for Women France had called for extra measures to protect foreign women in France, including the creation of a new offence of administrative abuse.
LFI MP Elise Leboucher denounced “a so-called ‘comprehensive’ law that is comprehensive in name only”, arguing that the bill “leaves foreign women, as well as ‘trans people, LGBTI victims, homeless women’ and so on, to fend for themselves”.
MPs from the far-right Rassemblement National ultimately voted in favour, having previously abstained in committee, hailing the victories achieved, particularly regarding law enforcement measures.
What's in the bill?
The bill was placed on the parliamentary agenda in the wake of the murder of 11-year-old schoolgirl Lyhanna - the shock over the case intensified when it was revealed that the main suspect had been repeatedly reported for sexual offences against children, but no action was taken.
The 'loi intégrale contre les violences sexistes et sexuelles' - comprehensive law on sexual violence and gender-based violence - aims to tackle the entire spectrum of violence against women and children.
With “133 provisions for victims of gender-based and sexual violence”, it is an “extraordinary piece of legislation”, praised the Socialist rapporteur Céline Thiébault-Martinez, who paid particular tribute to the coalition of organisations behind the bill, many of whose representatives were present in the public gallery, some visibly moved.
During the six days of debate in the Chamber, the bill was significantly expanded, but also had certain provisions removed, such as those aimed at protecting foreign women.
The draft bill provides for the introduction of a minimum standard for investigations to prevent complaints from being dismissed too quickly, the creation of specialised police units and a specialised judicial system and a compulsory interview at school to detect violence (to be held annually from 2032).
It tackles healthcare with a care pathway for child victims and sexual abuse victims, and also addresses education around sexual violence.
It also creates several new offences, including one of sending unsolicited sexual images, popularly known as 'dick pics', via social media or messaging apps. The offence has been difficult to prosecute because the victim had to prove either sexual harassment or sexual exhibitionism - the new offence carries a maximum penalty of a one-year prison sentence and a fine of €15,000, with higher penalties where the victim is a child.
Sexual abuse of a family member will also become a specific crime - at present the offence is prosecuted as rape or sexual assault, although incest can be an aggravating factor. A commission of enquiry estimates that 160,000 children are the victims of sexual abuse in France each year, and in 81 percent the abuser is a member of their family.
The definition of domestic violence is expanded to include 'economic violence', such as a refusal to pay maintenance.
In the workplace, discrimination protections are expanded, including adding a clause stating that breastfeeding may no longer be used to justify any refusal to hire, disciplinary action, transfer or denial of career progression, as is already the case for pregnancy.
A proposal to protect foreign women who have been the victims of domestic violence from being served an OQTF (order to leave France) was defeated.
What happens next?
The bill has passed in the Assemblée nationale but must now go before the right-wing-dominated Senate.
The Speaker of the Assembly, Yaël Braun-Pivet, whose determination helped to ensure the bill was considered, praised “work that does credit to what Parliament is capable of achieving”.
“The Senate must rise to the challenge of these issues,” she added, stressing the need to “bring this bill to a successful conclusion before the end of the current presidential term."
It is likely to be debated in the Senate in January, although the government says it is seeking an earlier slot.
The bill’s supporters are concerned that the measures may be watered down, although ultimately in the French system it is the Assemblée nationale which has the final say.
Where's the money?
Alongside the Senate, another battle is already unfolding: that over funding. According to Horizons co-rapporteur Isabelle Rauch, this bill requires €3 billion a year.
This comes at a time when France is desperately seeking to reduce its debt and pass a cost-cutting budget for 2027.
Following the vote, the Minister for Gender Equality, Aurore Bergé, reiterated that the government would guarantee the necessary funding, without giving any figures.
This “vagueness” was criticised by several left-wing MPs.