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National Constitutional provisions – France

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of France 28 September 1958

 

PREAMBLE

Preamble of the Constitution of 1946 states: “La Nation garantit l'égal accès de l'enfant et de l'adulte à l'instruction, à la formation professionnelle et à la culture. L'organisation de l'enseignement public gratuit et laïque à tous les degrés est un devoir de l'Etat. » This Preamble was recognized by the Constitutional Court as part of the Constitution (Liberté d’Association, 16 July 1971). By this decision, the Constitutional Court recognized the constitutional value of the Preamble of the 1958 Constitution which refers to the Preamble of 1946 Constitution.

EDUCATION

The Constitution of 1958 does not include references to the right to education; however, in article 34 it says “Statutes shall also lay down the basic principles of: […] education […]”.

EQUALITY

Preamble

It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs. It shall be organised on a decentralised basis.

[The legal value of the preamble have been recognized by the Conseil Constitutionnel in a decision (16/07/1971)

So human rights are reviewed by the constitutional council since 1971 when controlling the constitutionality of a law].

GENDER

Preamble

Statutes shall promote equal access by women and men to elective offices and posts as well as to professional and social positions […]

[The legal value of the preamble have been recognized by the Conseil Constitutionnel in a decision (16/07/1971)

So human rights are reviewed by the constitutional council since 1971 when controlling the constitutionality of a law].

LANGUAGE

Art. 2

The language of the Republic shall be French.

RELIGION

Art. 1

France shall be an indivisible, secular, democratic and social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs. […].

HUMAN RIGHTS MECHANISMS

Preamble

The French people solemnly proclaim their attachment to the Rights of Man and the principles of national sovereignty as defined by the Declaration of 1789, confirmed and complemented by the Preamble to the Constitution of 1946, and to the rights and duties as defined in the Charter for the Environment of 2004.

[The legal value of the preamble have been recognized by the Conseil Constitutionnel in a decision (16/07/1971)

So human rights are reviewed by the constitutional council since 1971 when controlling the constitutionality of a law].

Art. 53

Peace Treaties, Trade agreements, treaties or agreements relating to international organization, those committing the finances of the State, those modifying provisions which are the preserve of statute law, those relating to the status of persons, and those involving the ceding, exchanging or acquiring of territory, may be ratified or approved only by an Act of Parliament.

They shall not take effect until such ratification or approval has been secured.

No ceding, exchanging or acquiring of territory shall be valid without the consent of the population concerned.

Art. 53-1

The Republic may enter into agreements with European States which are bound by undertakings identical with its own in matters of asylum and the protection of human rights and fundamental freedoms, for the purpose of determining their respective jurisdiction as regards requests for asylum submitted to them. 

However, even if the request does not fall within their jurisdiction under the terms of such agreements, the authorities of the Republic shall remain empowered to grant asylum to any Foreigner who is persecuted for his action in pursuit of freedom or who seeks the protection of France on other grounds.

Art. 53-2

The Republic may recognize the jurisdiction of the International Criminal Court as provided for by the Treaty signed on 18 July 1998.