According to the Istanbul Convention on preventing and combating violence against women and domestic violence, there is an obligation for States to take the necessary measures to ensure that victims have access to services facilitating their recovery from violence, including health care and social services.
French law states that vulnerable persons are entitled to social and medical assistance. France therefore provides for state-funded psychological and legal counselling as well as the assistance of a social worker to victims of domestic violence. Some assistance is also provided by municipal and non-governmental organizations.
A new French law aimed at creating a universal emergency assistance for victims of domestic violence, states that “anyone who is a victim of domestic violence is entitled to benefit from support adapted to their needs”. Victims of domestic violence have the right to receive state-funded social rehabilitation services such as social, psychological and legal assistance to help them to safely exit an abusive relationship.
By ensuring and funding social rehabilitation services for adult victims of violence, the State has recognized that victims of domestic violence need, and are entitled to, social and psychological help in order to exit a power and control relationship of domestic violence. Further, legal assistance is important for preparing and submitting an application for temporary protection against violence, assist victims in criminal proceedings, and to help victims of domestic violence to reach a just resolution in divorce proceedings, child related disputes and the division of spousal property.
What kind of assistance may a victim receive?
The social rehabilitation services are provided in the following ways (this is not an exhaustive list of the services available for victims):
Health support:
- In France, victims of domestic violence can receive free healthcare no matter their financial situation and regardless of their residency rights.
- In case of emergency, victims can call the emergency medical services (15 or 18).
- Victims of domestic violence may be requested by the police or the judiciary to go to a Medico-Judicial Unit (“Unité Médico-Judiciaire”). It is a place, often located in hospitals, where the medical profession collaborates with the judicial authorities. Consultations take place as a matter of urgency, without prior appointment. These centres receive people who have been the victims of an assault in order to gather evidence for the investigation and to provide short-term treatment.
Psychological support:
- Medical and psychological centres (“Centres médico-psychologiques”, CMP): These are specific public centres offering medical-psychological and social consultations to anyone experiencing psychological difficulties. The consultations are free of charge. Each person, depending on where they live, is assigned to a CMP. Find the nearest CMP.
- Regional psycho-trauma centres (“Centres régionaux de psychotraumatisme”, CRP): At a regional level, there exists hospital centres which provide special care and treatment for people suffering from post-traumatic stress disorder. The professionals, who are trained in psycho-trauma, offer care for children, teenagers and adults who were affected by a traumatic event. Find the nearest CRP.
Financial assistance:
- A new financial assistance is being implemented in France specifically for victims of domestic violence. It is called the universal emergency aid for victims of domestic violence ("l'aide universelle d’urgence pour les victimes de violences conjugales"). This financial assistance will take the form of an interest-free loan or a non-repayable grant, depending on the person’s financial and social situation.
- There are also other state financial assistances that can be available for victims of domestic violence.
- Victims of domestic violence who are in need of emergency accommodation can call the “Samu social” (115), a free national advice and support phone number for people in situation of homelessness. The Samu social will do its best to offer emergency accommodation such as a hotel or shelter for the night.
- Victims can go to Emergency Accommodation Centres (“Centres d’hébergement d’urgence”, CHU) which provide immediate shelter for homeless people in medical, psychological, or social distress. They also offer food, showers, and initial medical, psychological, and social assessment.
- If there is no emergency, victims can go to Accommodation and Social Reintegration Centres (“Centres d’Hébergement et de Réinsertion Sociale”, CHRS). They provide reception, accommodation, support, and social integration for people experiencing serious difficulties, in order to help them regain their personal and social independence.
- In the long term, victims of domestic violence can contact a social worker (“travailleur social”) to help them find accommodation.
- A practical guide to accommodation and adapted housing has been established by the State. It lists the different types of accommodation and housing that can be accessed.
Victims of domestic violence may also receive advice, consultation, emotional and psychological support, as well as information related to criminal proceedings by calling the assistance service for victims of crime on 116006, which is administered by an NGO. Victims of domestic violence may also call the assistance service for victims of crime on 116006, if they are not yet ready to file a report to the police but wish to receive information and assistance.
Victims of domestic violence can also call the 3919, a national helpline number and counselling service. Trained professionals will guide the victim to local sources of support.
How to receive the assistance
To receive assistance, the victim of domestic violence must turn to the social services in their municipality or any NGO that provides social rehabilitation services for adult victims of violence. The victim of violence has the right to choose the social service provider. The victim of violence is not obligated to file a report or to cooperate in criminal proceedings in order to get state funded social rehabilitation services.
Apart from the state services mentioned above, victims of domestic violence can access help, legal aid and social services from other NGOs such as :
- CIDFF (“Centre d’Information sur les Droits des Femmes et des Familles”) : These are State-funded centres who provide women with free and confidential access to legal information on their rights, psychological and/or social support and referral to partner structures.
- CFCV (“Collectif Féministe contre le viol”) : This association runs a helpline for victims of rape and sexual assault : 0 800 05 95 95. This free helpline offers support and information for the victims.
- And many other associations such as France Victimes, Femmes solidaires, Mouvement français pour le planning familial (MFPF) etc.
- Victims can find associations near them using the government website aimed at victims of domestic violence.
Which human rights violations may there be?
The ability or failure of the State to provide help and assistance to victims of domestic violence should be seen in the light of the due diligence standard. It may result in a violation of human rights where state or municipal institutions deny funded help or assistance to a victim without lawful grounds.
The right to life, the prohibition of inhumane or degrading treatment and the right to private and family life
The State’s failure to provide help and a support system for domestic violence victims may, in certain cases, result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Prohibition of discrimination
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – the pertinent authorities) fails to effectively respond and provide help and support to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition against inhumane or degrading treatment, and the right to private and family life.