COUNCIL OF EUROPE
    COMMITTEE OF MINISTERS

    Resolution ResCSS(2003)20
    on the application of the European Code of Social Security by France
    (Period from 1 July 2001 to 30 June 2002)

    (Adopted by the Committee of Ministers on 17 December 2003
    at the 866th meeting of the Ministers' Deputies)

    The Committee of Ministers,

    In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the “Code”), and with a view to supervising the application of this instrument by the Contracting Parties;

    Whereas the Code, signed on 16 April 1964, entered into force on 17 March 1968 and since 18 February 1987 has been binding on France, which ratified it on 17 February 1986;

    Whereas, when ratifying the Code, the Government of France stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code:

    – Part II on “medical care”,
    – Part IV on “unemployment benefit”,
    – Part V on “old-age benefit”,
    – Part VI on “employment injury benefit”,
    – Part VII on “family benefit”,
    – Part VIII on “maternity benefit”,
    – Part IX on “invalidity benefit”;

    Whereas, in pursuance of paragraph 1 of Article 74 of the Code, the Government of France submitted, on 31 July 2002, its 15th annual report and the additional information on the application of the Code, for the period from 1 July 2001 to 30 June 2002;

    Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts on the Application of Conventions and Recommendations, at its 73rd session in November to December 2002;

    Recalling Resolution ResCSS(2003)4 on the 14th report submitted by the Government of France in pursuance of paragraph 1 of Article 74 of the Code,

    Notes with interest the government's statement that the Act on the financing of social security for 2002 establishes paternity leave of eleven days, available to fathers in the four months following each birth or adoption of a child. During this leave, a daily paternity benefit is provided to all fathers, irrespective of their family situation; the qualifying conditions and amount of the benefit are those applicable to the maternity cash benefits of the sickness and maternity insurance scheme to which the father is affiliated;

    Finds that the law and practice in France continue to give full effect to the parts of the Code which have been accepted.



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