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Bouton c. France, requête n° 22636/19, CEDH, 2023. Bouton v. France Application No. 22636/19 (on freedom of political expression)

In the case of Bouton v. France, the applicant, a feminist activist who was a member of Femen, was convicted and given a one-month suspended prison sentence (i.e. with probation) for staging a topless protest in a church in December 2013, exposing her breasts with slogans daubed over them, as part of an international action against the Catholic Church’s position on abortion. She was also ordered to pay the parish representative 2,000 euros (EUR) in respect of non-pecuniary damages and to pay EUR 1,500 towards the other party’s costs.

Drelon c. France, requêtes nos 3153/16 et 27758/18, CEDH, 2022. (on the right to privacy of blood donors)

In the ECHR Case Drelon v. France, European Court of Human Rights (ECHR) has ruled on the case of a blood donor in France who refused to answer questions about his sex life, resulting in his exclusion from donation on the grounds of a factor of ineligibility associated with homosexuality. The ECHR ruled that the collection and storage of personal data by the Établissement Français du Sang, based on speculation and lacking any proven factual basis, was a violation of the right to privacy under Article 8 of the European Convention on Human Rights.

Tribunal Judiciaire de Lille, 21 février 2022, n° RG 21/01638 Judicial Court of Lille, 21 February 2022, No. RG 21/01638 (Insurance Covering Gender Affirmation Surgery)

In March 2021, a young transgender woman submitted a request for reimbursement for her bilateral mastoplasty, prescribed by her GP as part of her gender affirmation, which began in 2016. Although this procedure is listed in the French social security grid and should be reimbursed by the health insurance scheme, the medical officer of the Roubaix-Tourcoing primary health insurance fund issued an unfavorable opinion on 29 March 2021.

Cour de cassation, Chambre civile 1, 10 février 2021, 19-22.793, Publié au Bulletin French Supreme Court (Cour de cassation), Civil division, 10 February 2021 No. 19-22.793

With the ruling for 19-22.793, the French Supreme Court reiterates that the family court has sovereign discretion to decide whether the conditions for issuing a protection order have been met. This decision reiterates that the characterisation of endangerment is decisive for justifying the issuance of a protection order. It should be noted that the law aimed at combating violence within the family has made the conditions for applying a protection order more flexible.

Conseil d'État, 4ème - 1ère chambres réunies, 28 septembre 2022, n°458403, Circulaire du 29 septembre 2021 intitulée «Pour une meilleure prise en compte des questions relatives à l'identité de genre en milieu scolaire» (gender identity issues in schools)

In a ruling handed down on 28 September 2022, the French Council of State upheld the lawfulness of the circular entitled " Improving consideration of gender identity issues in schools ", which had been issued by the Minister for National Education to all national education staff with a view to improving consideration of transgender pupils' situation in schools, facilitating their support and protecting them.

Cour de cassation, Chambre sociale, 13 février 2019, 18-17.042, Publié au bulletin French Supreme Court Social Division, 13 February 2019, No. 18-17.042

In Appeal No. 18-17.042, the French Supreme Court confirms that Law no. 2015-994 of 17 August 2015 relating to social dialogue and employment, known as the Rebsamen Law, legally requires trade union organizations to comply with the principle of balanced representation of women and men when drawing up candidate lists for professional elections. This obligation does not constitute a disproportionate infringement of trade union freedom.

Loi n° 2023-140 du 28 février 2023 créant une aide universelle d’urgence pour les victimes de violences conjugales (Law creating universal emergency assistance for victims of domestic violence)

Law No. 123-140 introduces universal emergency assistance for victims of domestic violence, either in the form of a donation or an interest-free loan. The aim is to help victims to leave the conjugal home swiftly in order to move to a safe place. The text also creates a five-year programming law on combating violence against women, which will set targets and financial resources.

Loi n° 2022-92 du 31 janvier 2022 interdisant les pratiques visant à modifier l'orientation sexuelle ou l'identité de genre d'une personne (2022) (Law prohibiting practices aimed at changing a person's sexual orientation or gender identity)

Law No. 2022-92 of 31 January 2022 prohibits practices aimed at changing a person's sexual orientation or gender identity, specifically directed at combating “reparative” or “conversion” therapies. The text introduces a new offense into the French Criminal Code, punishing repeated practices, behaviors or statements intended to modify or punish a person's sexual orientation or gender identity, resulting in an alteration of their physical or mental health.

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