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The echr and
F
rance
t s & figu
c r
fa
es
F
The e ch r and
rance
facts & figuresCouncil of Europe
Accession: 5 May 1949
European Convention on Human Rights
Signed: 4 November 1950
Ratified: 3 May 1974
ECHR judges
Mattias Guyomar (since 2020)
André Potocki (2011-2020)
Jean-Paul Costa (1998-2011)
Louis-Edmond Pettiti (1980-1998)
Pierre-Henri Teitgen (1976-1980)
René Samuel Cassin (1959-1976)
ECHR and France at 1st January 2020
1st judgment: Bozano v. France (18 December 1986)
Total number of judgments: 1,032
Judgments finding a violation: 749
Judgments finding no violation: 181
Friendly settlements/strikeout: 64
Other judgments: 38
Applications pending: 509
Applications finished: 33,062
This document has been prepared by the Public Relations Unit and does not bind the Court. It is
intended to provide basic general information about the way the Court works.
For more detailed information, please refer to documents issued by the Registry available on the
Court’s website www.echr.coe.int.
© European Court of Human Rights, June 2020
The ECHR and France in facts and figures 3Types of judgments Impact of the Court’s judgments
The Committee of Ministers, the Council of Europe’s executive organ, supervises
In more than 70% of the judgments delivered concerning France, the Court has compliance with the Court’s judgments and adoption of the remedial measures
given judgment against the State, finding at least one violation of the Convention. required in order to prevent similar violations of the Convention in the future.
The Court’s judgments have led to various reforms and improvements in
France, relating in particular to:
Settlement / Other judgments
Strikeout 3.68%
6.20% Amendment to the legislation on telephone tapping
Telephone tapping ordered by the judicial authorities is closely regulated by
No violation law.
17.54%
Equality of children with regard to inheritance rights
Violation
The law makes no distinction between legitimate children and adulterine
72.58% children in terms of inheritance rights.
Introduction of preventive and compensatory remedies for
length of proceedings
Reforms have been introduced to ensure that trials are held within a
reasonable time, but also to provide compensation for excessively lengthy
proceedings.
Subject-matter of judgments finding a violation
Abolition of the offence of insulting a head of State
Almost two-thirds of the findings of a violation concerned Article 6 (right to a fair The offences of insulting a foreign head of State or the President of the
hearing), whether the length or fairness of the proceedings. Republic have been abolished.
Protection of Conditional Violations
Right to life (Art. 2) Prohibition of torture
Strengthening of the guarantees of a fair trial
property (P1-1) (Art. 2 et 3) Other articles 1.36% and inhuman or Reforms to the Criminal Code mean, among other things, that reasons are
3.39%
Right to an effective
remedy (Art. 13)
1.47% 3.73% degrading treatment
(Art. 3)
now provided for assize court judgments and there is increased protection
3.95% 4.41% Right to liberty against self-incrimination.
and security (Art. 5)
Freedom of expression 7.91%
(Art.10) Introduction of a remedy against searches by the tax
4.29%
authorities
A remedy now exists to challenge, before a court, searches carried out by
Right to respect for the tax authorities.
private and family
life (Art. 8)
5.65% Abolition of the prohibition of trade unions for members of
Right to a fair trial (Art. 6)
the armed forces
63.84% The law permits military personnel to set up or join trade-union-type
professional associations.
Recognition of the parent-child relationship for children
born from gestational surrogacy
French law recognises the legal parent-child relationship, lawfully established
abroad, between children born from gestational surrogacy and the couples
having recourse to it.
4 The ECHR and France in facts and figures The ECHR and France in facts and figures 5Selected cases
Case of Fressoz and Roire Case of Mazurek Case of Editions Plon Case of Siliadin
(21 January 1999) (1 February 2000) (18 May 2004) (26 July 2005)
Roger Fressoz, former publication The case concerned the halving The case concerned the continued Siwa-Akofa Siliadin complained
director of the weekly satirical of Claude Mazurek’s share of prohibition on the distribution of that French criminal law had not
newspaper Le Canard enchaîné, his mother’s estate in relation to a book entitled Le Grand Secret, afforded her sufficient and effective
and Claude Roire, journalist, were a legitimate child on account of co-authored by Dr Gubler, protection against the “servitude”
both convicted of handling stolen his status as an adulterine child. a former private physician to in which she had been held, or at
goods following the publication The Court considered that an President Mitterrand, which the very least, against the “forced
in 1989 of photocopies of the tax adulterine child could not be discussed the difficulties he had and compulsory” labour she
assessments of Jacques Calvet, blamed for circumstances for which encountered in concealing the had been required to perform,
the then chairman of Peugeot. The he or she was not responsible. head of State’s illness. which in practice had made her a
Court noted, in particular, that Violation of Article 1 of Protocol Violation of Article 10 (freedom of domestic slave. The Court found
neither the applicants’ account No. 1 (protection of property) taken expression) that the French criminal legislation
of the events nor their good faith together with Article 14 (prohibition in force at the relevant time had
had been called into question of discrimination) not afforded the applicant specific
and that the journalist had acted Case of Vo and effective protection against
in accordance with the standards (8 July 2004) the actions of which she had been
Case of Koua Poirrez Following a mix-up caused by
governing his profession. (30 September 2003) a victim.
Violation of Article 10 (freedom of the fact that two patients shared Violation of Article 4 (prohibition of
The case concerned the French the same surname, a doctor
expression) servitude)
authorities’ refusal to award examined Thi-Nho Vo, who was six
a disabled adult’s allowance months pregnant at the time, and
Case of Selmouni to Ettien Laurent Koua Poirrez, pieced her amniotic sac, making Case of Ramirez Sanchez
(28 July 1999) who was resident in France, on a therapeutic abortion necessary. (4 July 2006)
Ahmed Selmouni complained that the ground that he was not a The applicant complained about Ilich Ramirez Sanchez, better
he had been ill-treated while in French national and there was no the authorities’ refusal to classify known as “Carlos the Jackal”, was
police custody in 1991. The Court reciprocity agreement in respect of the unintentional killing of her prosecuted following investigations
held that the physical and mental that benefit between France and unborn child as involuntary into a series of terrorist attacks
violence to which the applicant the Ivory Coast, the State of which homicide. The Court considered carried out in France and was
had been subjected, considered he was a national. The Court held that it was neither desirable, nor sentenced to life imprisonment in
as a whole, had caused “severe” that, when ratifying the Convention, even possible as matters stood, 1997. He complained about his
pain and suffering and had been France had undertaken to secure to answer in the abstract the prolonged solitary confinement.
particularly serious and cruel. to everyone within its jurisdiction, question whether the unborn child
as the applicant was, the rights No violation of Article 3 (prohibition
Violation of Article 3 (prohibition of is a “person” for the purposes of of inhuman or degrading treatment)
and freedoms defined in the Article 2 of the Convention.
torture) Violation of Article 13 (right to an
Convention. effective remedy)
Violation of Article 6 § 1 (right to a No violation of Article 2 (right to life)
hearing within a reasonable time) No violation of Article 6 § 1 (right to
a fair hearing)
Violation of Article 14 (prohibition of
discrimination) taken together with
Article 1 of Protocol No. 1 (protection
of property)
6 The ECHR and France in facts and figures The ECHR and France in facts and figures 7Case of Dogru and Kervanci serious mental disturbance and find an accused person guilty after born as a result of surrogacy
(4 December 2008) to pose a suicide risk required his death and thus engage the treatment abroad. The Court held
The applicants, both Muslims special measures which took their liability of his successors. that this situation undermined the
enrolled in the first year of a State condition into account. Violation of Article 6 § 1 (fair children’s identity within French
secondary school, had refused Violation of Article 2 (right to life) hearing) and 6 § 2 (presumption of society.
to remove their headscarves in Violation of Article 3 (prohibition of innocence) No violation of Article 8 (right to
physical education and sports inhuman or degrading treatment) respect for private and family life)
with regard to the applicants
classes. They complained about Case of Flamenbaum and Violation of Article 8 with regard to
their expulsion from school for Case of Gas and Dubois Others the children’s right to respect for their
breaching the duty of assiduity. (15 March 2012) (13 December 2012) private life
The Court held that the French The case concerned the refusal to The case concerned the
authorities’ decision that the allow a woman to adopt the child extension of the main runway
wearing of a veil, such as the
Case of S.A.S.
of the same-sex partner with whom at Deauville Airport and the (1 July 2014)
Islamic headscarf, was incompati- she was in a civil partnership. The resulting disturbance affecting the
ble with sports classes for reasons properties of local residents. The The applicant, a French national
Court considered that there had
of health or safety had not been Court held that it had not been who is a Muslim, complained that
been no discrimination on the
unreasonable. In the Court’s view, established that the extension she was no longer allowed to wear
grounds of the applicants’ sexual
the penalty imposed was merely of the runway would result in a the full-face veil in public following
orientation, since opposite-sex
the consequence of the appli- substantial increase in air traffic the entry into force, in 2011, of a
couples who had entered into
cants’ refusal to comply with the and noted that measures had law prohibiting the concealment
a civil partnership were likewise
rules applicable on the school been taken to limit the impact of of one’s face in public places.
prohibited from obtaining a simple
premises, of which they had been adoption order. noise pollution for people living The Court emphasised that the
properly informed. nearby. In addition, it held that the preservation of the conditions of
No violation of Article 14 (prohibition
No violation of Article 9 (freedom of of discrimination) taken together with applicants had not shown that the “living together” was a legitimate
thought, conscience and religion) Article 8 (right to respect for private market value of their property had aim of the contested restriction and
and family life) fallen. that, having regard in particular to
the broad margin of appreciation
Case of Renolde No violation of Article 8 (right to
enjoyed by the State in this area of
(16 October 2008) Case of Lagardère respect for private and family life)
general policy, on which opinions
(12 April 2012) No violation of Article 1 of Protocol
Hélène Renolde complained that No. 1 (protection of property) differed widely, the ban imposed
the French authorities had not Arnauld Lagardère, son of by French law had not been
taken the necessary measures to Jean-Luc Lagardère, the former contrary to the Convention.
protect the life of her brother, who chairman of Matra and Hachette, Case of Mennesson and No violation of Article 8 (right to
had hanged himself in July 2000 complained that he had been Labassee respect for private life)
in his cell in Bois-d’Arcy Prison, ordered to pay damages on (26 June 2014) No violation of Article 9 (right to
where he was in pre-trial detention. account of his father’s criminal freedom of thought, conscience and
The two cases concerned the
The Court observed, among other guilt, which was not established religion)
refusal to grant legal recognition in
things, that those prisoners who until after the father’s death. In No violation of Article 14 (prohibition
France to parent-child relationships
were known to be suffering from the Court’s view, a court could not of discrimination)
that had been legally established
in the United States between a
father and his biological children
8 The ECHR and France in facts and figures The ECHR and France in facts and figures 9Case of Lambert and Others Case of A. P., Garçon and Case of Aycaguer Case of Petithory Lanzmann
(5 June 2015) Nicot (22 June 2017) (5 December 2019)
The applicants were the parents of (6 April 2017) The case concerned the applicant’s Dominique Petithory Lanzmann,
Vincent Lambert. He had sustained The applicants, three transgender conviction for refusing to undergo widow of Claude Lanzmann, the
a head injury in a road-traffic persons, complained about the biological testing, the result of journalist, writer and director,
accident in 2008, as a result of fact that they were compelled to which was to be included in the complained that she had been
which he was tetraplegic. undergo an operation or sterilising national computerised DNA unable to have her deceased
treatment in order to have their database (FNAEG). The Court son’s sperm transferred to an esta-
The ECHR concluded that there
forenames and the indication considered that, owing both to blishment capable of arranging
would be no violation of the
of their gender amended on its duration and to the lack of medically assisted reproduction or
Convention should the judgment of
their birth certificates. The Court possibility for deletion, the current gestational surrogacy.
the Conseil d’État, authorising the
held, in particular, that making regulations on the storage of DNA
withdrawal of Vincent Lambert’s The Court found that the right for
recognition of the gender identity profiles in the FNAEG did not
artificial nutrition and hydration, an individual to decide how and
of transgender persons conditional provide sufficient protection.
be implemented. In particular, it when to become a parent was a
noted that there was no consensus on their undergoing an operation Violation of Article 8 (right to respect non-transferable right and that
among the member States of the or sterilising treatment to which they for private life) Article 8 did not guarantee a right
Council of Europe in the area of did not wish to submit amounted to become a grandparent.
end-of-life care. to making the full exercise of one’s
right to respect for private life Case of Libert Inadmissible
No violation of Article 2 (right to life) conditional on relinquishing full (22 February 2018)
exercise of the right to respect for The applicant, an SCNF employee,
Case of Les Authentiks and one’s physical integrity. had been dismissed in 2008 after
Supras Auteuil 91 the seizure of his work computer
Violation of Article 8 (right to respect
(27 October 2016) for private life) with regard to the had revealed the storage of
obligation to establish the irreversible pornographic files and forged
The case concerned the dissolution
nature of the change in appearance certificates drawn up for third
of two Paris-Saint-Germain
No violation of Article 8 in respect persons. The Court held that
supporters’ associations following of the obligation to prove the reality an employer could consult an
scuffles in which some of their of gender identity disorder and in employee’s files on his or her
members were involved in respect of the obligation to undergo
a medical examination professional computer where
February 2010, leading to the
these were not duly identified as
death of a supporter. The Court
being of a private nature.
held that in view of the extent of the
margin of appreciation in matters No violation of Article 8 (right to
of incitement to violence and of respect for private and family life)
the particular circumstances of the
case, the dissolution orders had
been necessary and proportional
to the aim pursued.
No violation of Article 11 (freedom of
assembly and association)
No violation of Article 6 (right to a
fair hearing)
10 The ECHR and France in facts and figures The ECHR and France in facts and figures 11Selected measures to execute judgments
General measures
Case of Kruslin and Huvig Case of Etcheveste and Case of Ravon and Others Case of Matelly
(24 April 1990) Bidart (21 February 2008) (2 October 2014)
Lack of clarity in the French law (21 March 2002) No access to an effective remedy Absolute prohibition on trade unions
on telephone tapping. Excessive length of criminal in order to challenge searches within the French gendarmerie.
proceedings. and seizures by the tax authorities Entitlement of military personnel
Amendments to the legislation
on telephone tapping with in professional premises and the to set up or join trade-union-type
Reforms to avoid, in particular, homes of individuals suspected of
regard to interceptions the excessive length of the professional associations.
ordered by the judicial investigation phase and of tax fraud.
authorities. criminal proceedings as a Introduction of a remedy for
whole, and introduction of challenging, before a court, the
an effective domestic remedy lawfulness of searches carried
Case of B. in respect of their length. out by the tax authorities.
(25 March 1992)
Lack of legal recognition of the Case of Colombani and
new gender identity of a post-
Case of Mennesson and
operative transsexual. Others Labassee
(25 June 2002) (26 June 2014)
Change in national practice Judgment ordering the daily
concerning the possibility for Refusal to grant legal recognition
the civil status of transgender newspaper Le Monde, its to the parent-child relationship
persons to match their new publication director and a between a father and his biological
gender identity. journalist to pay damages for children born as a result of
having published an article on surrogacy treatment abroad.
drug trafficking in Morocco
Case of Mazurek Legislation granting recognition
implicating members of the in France of the legal parent-
(1 February 2000) King of Morocco’s entourage. child relationship, lawfully
Legal discrimination against Abolition of the offence of established abroad, between
adulterine children with regard insulting a foreign head of children born from gestational
to inheritance rights. State. surrogacy and the couples
having recourse to it.
Legislative amendment
removing the existing
forms of discrimination
between children born of an
adulterous relationship and
other children regarding
inheritance rights.
12 The ECHR and France in facts and figures The ECHR and France in facts and figures 13Individual measures
Case of Motais de Narbonne Case of Sud Est Réalisations
(2 July 2002) (2 December 2010)
Excessive burden imposed on Refusal, over a long period, to
the applicants as a result of the provide police assistance for
lack of any development on land the eviction of the former owner,
expropriated from them nineteen who was illegally occupying the
years previously. applicant company’s property.
The applicants were awarded The former owner was evicted.
compensation for the pecuniary
damage sustained, taking into
account the current market value Case of Brunet
of the land and the compensation (18 September 2014)
already paid to them for the No real possibility of requesting
expropriation. the deletion of data recorded in
a crime database, in spite of the
discontinuance of the criminal
Case of Mayali proceedings against the applicant.
(14 June 2005)
The applicant’s details were
Conviction of the applicant without deleted from the “STIC” database
being given an adequate and (recorded crimes database).
sufficient opportunity to challenge
the victim’s assertions on which
the conviction was based. Case of Helhal
The applicant’s case was referred (19 February 2015)
back for re-examination following Lack of appropriate access to
the Court’s findings that the sanitary facilities for severely
criminal proceedings against him disabled prisoners.
had been unfair. The applicant was transferred
to a prison that was adapted to
prisoners with reduced mobility.
14 The ECHR and France in facts and figures The ECHR and France in facts and figures 15European Court of Human Rights Public Relations Unit F-67075 Strasbourg cedex
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