The Fundamental Rights of Foreigners in France

Dossier de presse (Anglais) : Rapport sur les droits fondamentaux des étrangers en France
The Defender of Rights takes the view that upholding the fundamental rights of foreigners is an essential marker of the degree of defence and protection of rights and freedoms in a given country.
In this document, the Institution wishes to highlight the obstacles that obstruct foreigners’ access to fundamental rights, drawing upon the decisions issued by the Institution in addition to identifying new legal issues.
By way of a preliminary, it should be pointed out that:
• Concerning entry, residence and expulsion, positive law authorises, a priori, differences in treatment based specifically on the distinction between the legal categories of “national” and “foreigner”. In these areas, the discretionary power of the State is considerable. It is not unlimited, however, and may not under any circumstances be discriminatory. It is the duty of the Defender of Rights to point out that even in such a sovereign area, the respect for fundamental rights must be guaranteed.
• Conversely, in the majority of areas of daily life, social welfare, child welfare, health, housing, etc., the law in theory prohibits the establishment of any differential treatment. However, in addition to those illegal practices that contravene this prohibition, such as the refusal of school registration, or of access to care, for example, the legal rules themselves, in sometimes appearing to establish neutral criteria, in fact limit foreigners’ full access to their fundamental rights.
The analysis set out in this document is intended to underscore the measurable disparity between the proclamation of these rights and how they work in practice. Far from being natural and immutable, the legal rules governing foreigners are choices made by the legislature and are sometimes made on the basis of considerations that vary over time. It is the duty of actors in the defence of rights to play a role in dismantling these preconceptions, these myths. More...