WFWF’s Position Statement on the 139 proposals for a comprehensive legal framework against sexual violence

We are obliged by our duty of care to victim-survivors to state that, in their current form, the propositions are incomplete, often discriminatory, and risk the further marginalisation and endangering of vulnerable women in France.

Published on 21/11/2024

Women for Women France commends the intent behind the proposition of loi-cadre intégrale contre les violences sexuelles, or Comprehensive Legal Framework Against Sexual Violence, coordinated by Foundation des femmes.

However, we are obliged by our duty of care to victim-survivors to state that, in their current form, the propositions are incomplete, often discriminatory, and risk the further marginalisation and endangering of vulnerable women in France. 

While the proposition contains some valuable ideas, it is crucial to acknowledge the limits of its current state in order to prevent unintended consequences. The proposition risks creating an illusion of progress, thereby detracting from the pursuit of more comprehensive and effective reforms.

Methodological concerns

Developing propositions of legislation or legal frameworks, particularly one that purports to be “comprehensive” and inclusive of “all women,” requires a robust methodological framework and rigorous consultation. Shortcuts in legislative processes may yield rapid outcomes but often result in long-term harm, particularly to vulnerablised women. 

WFWF emphasises the importance of incorporating a diversity of voices of all groups of women affected by gender-based violence. This includes women in overseas departments and regions, foreign-born women, racialised women, women living with disabilities, LGBTQIA+ women, women in rural areas, and women who have other intersectional factors that inform their experience of gender-based violence and the French system. WFWF commends the inclusion of a small selection of “by and for” specialised groups in the “coalition” behind this effort, but the representation remains lacking.

WFWF also insists on the need to take into account the latest research in France, and internationally. France is home to some of the world's leading experts on gender-based violence across academic and frontline contexts. It is regrettable that their expertise has not been fully leveraged, and that the significant and recent advancements in understanding and addressing gender-based violence are not reflected in the proposal.

Finally, a detailed and comprehensive unintended consequences analysis must always be carried out when proposing any legal reform. This is particularly vital when proposing measures related to infractions that carry a high risk of death for women and children.

Substantive issues with the proposal

Women for Women France’s legal experts were made aware of this proposal, informally from a  concerned member of the “coalition”, on November 19, 2024, providing insufficient time for a detailed review by WFWF experts. 

However, a cursory analysis has identified several critical issues:

Lack of theoretical framework: The proposition does not define nor incorporate the many different forms of gender-based and sexual violence. 

Insufficient incorporation of international frameworks: For example, Article 69 misinterprets European directives. The propositions do not align with the Istanbul Convention, particularly in its failure to consider intersectional factors facing victims.

Failure to integrate coercive control: The absence of coercive control - internationally recognised as the most comprehensive definition of domestic abuse - from training, investigation, risk assessment, victim support, and judicial processes is a critical oversight. The majority of instances of sexual violence occur within a domestic and family context.

Failure to address needs of foreign-born women*: While the term étrangères, or foreigners, is mentioned in passing in the text, the proposal does not account for the vast majority of obstacles faced by the 3.3 million foreign-born women in France when confronted with sexual violence.

Exclusionary healthcare provisions*: Articles 48 and 59 propose full reimbursement of post-violence medical care without requiring a formal complaint, but this excludes undocumented women, who are not covered by French social security. Migrant women often have an undocumented administrative status as a direct result of administrative domestic abuse and coercive control tactics, which has also failed to be addressed.

Ambiguity around homelessness provisions*: Article 52 lacks clarity on whether support extends to homeless women without regular administrative status.

* Women for Women France is the national NGO specialised in the needs of foreign-born women confronted with gender-based violence in France so is able to provide expert analysis on these issues. However, it may be that the needs of other vulnerablised groups of women have also not been fully addressed.

A proposition resulting from wider sector challenges

The lack of inclusion in the proposition reflects a broader systemic issue within our sector in France: the over-centralisation of decision-making in Paris and the disproportionate influence of individuals disconnected from the realities faced by the majority of women across the country.

A notable and concerning feature of the sector in France is the lack of diversity in senior, decision-making, and paid leadership roles. 

One approach to addressing this issue is to foster the growth of "by and for" specialist associations focused on tackling the specific legal, administrative, social, and economic challenges faced by groups such as women in overseas departments and regions, rural areas, foreign-born women, women with disabilities, LGBTQIA+ women, and other groups who encounter unique barriers when confronted with gender-based violence. 

Claiming inclusivity of “all women” is insufficient without the specialised knowledge and lived experience needed to understand and address their diverse realities.

It is also essential for our sector to take a non-partisan stance, ensuring that our services and advocacy are for all women in France, irrespective of their political affiliations or beliefs. This neutrality is critical to maintaining trust and ensuring equitable support.

We hope this situation can serve as an opportunity to reflect on how we can strengthen sector advocacy efforts to include the needs of all women and all victims of gender-based violence in France.

Ensuring meaningful reform through an independant and non-partisan approach

We commend the Fondation des femmes for its excellent work in raising awareness about violence against women over the past five years, particularly within the French cinema’s #metoo movement, and its work within the Parisian region. 

However, any foundation positioning itself as a fundraiser for associations of its choice while also coordinating a “sector-wide” legal reform initiative may raise ethical concerns.

An independently-led, non-partisan process is essential to ensure that all voices, groups, and expertise within the sector are represented. This approach would mitigate conflicts of interest and guarantee that the needs of all women are genuinely and thoroughly addressed.

Transparency and interest disclosures

  1. To date, Women for Women France has not accepted funding from Fondation des femmes. In 2022, Women for Women France was invited by the President of Fondation des Femmes to apply for one of its micro-grants but declined this offer due to ethical concerns.
  2. Women for Women France is a “by and for” specialist organisation.
  3. Women for Women France advocates for the criminalisation of coercive control in France.

 

Media

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If you are writing about domestic abuse, please consider including resources for victims in your article: 

  1. Emergency services (police, ambulance, fire): 112 (24/7)
  2. Multilingual Online Resource Centre for victims of domestic abuse and gender-based violence: www.womenforwomenfrance.org (24/7)
  3. Helpline for victims of domestic abuse and gender-based violence: 3919 (24/7)

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About WFWF

Women for Women France (WFWF) is the creator and manager of the national Online Multilingual Online Resource Centre for all people confronted with domestic abuse and gender-based violence in France. Our expertise is in domestic abuse, coercive control, and migrants’ rights.

WFWF has a team of multi-disciplinary experts in France who monitor current events and laws and provide research-based insights and recommendations.

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