Rehabilitation Law for Homosexuality Convictions: Senate Re-affirms Passage, No Provision for Compensation
Tussle Continues Over Homosexuality Bill
The senators are still at odds regarding the proposed legislation in France, aimed at rehabilitating individuals convicted for homosexuality. On May 6, the Senate passed this bill for the second time, but refuses to incorporate a compensatory aspect, despite the National Assembly's approval.
The proposed bill, championed by Senator Hussein Bourgi, aims to acknowledge France's discriminatory policies towards homosexuals between 1942 and 1982, the year homosexuality was fully decriminalized. Two articles from the penal code of the time are targeted: one set a specific age of consent for homosexual acts, and the other farmed up the repression of public indecency when committed by people of the same sex.
Getting Nitty-Gritty with the Bill
Around 10,000 convictions were issues under the age-of-consent article, and nearly 40,000 for homosexual public indecency, according to Régis Schlagdenhauffen, a professor at the École des hautes études en sciences sociales (EHESS). The bill aspires to have France acknowledge its past discrimination against homosexuals. Minister Delegate for Combating Discrimination, Aurore Bergé, commended the bill, expressing that "assuming this responsibility is to refuse to forget".
However, the left in the Senate wanted to reinstate a financial repair mechanism for wrongly convicted individuals, such as an allocation of 10,000 euros, along with 150 euros per day of detention. This measure was initially supported by the National Assembly, but it has faced opposition from right and center groups, who deem it legally flawed, and fear potential legal battles.
Split on Timeline
Along with this national recognition, the senators failed to achieve reinstatement of a financial compensation mechanism for wrongfully convicted individuals. This discrepancy in opinion has led to a division on the timeframe covered by this memorial law. The National Assembly wanted it to start in 1942, but the Senate opted for 1945, believing that the Republic should not "apologize for the crimes of the Vichy regime". This ongoing disagreement between senators and deputies means that the National Assembly will have to revisit the bill for a second reading before it can be enacted.
In essence, the bill, backed by LGBT+ defense associations, is embroiled in controversy over the covered period for eligibility, as well as the financial compensation component. The Senate's position is traditionally more conservative, advocating for restrictions on the covered period and compensation, while the National Assembly advocates for broader redress in terms of both finances and timeframes. If both houses can't find common ground in these areas, the bill cannot advance to final legislation.
- The French Senate, in disagreement with the National Assembly, refused to incorporate a financial compensation mechanism for those wrongfully convicted under the age-of-consent article, with some senators advocating a conservative approach, particularly during the time of the Vichy regime.
- Senator Hussein Bourgi's bill, aimed at acknowledging France's past discrimination against homosexuals, has met resistance in the Senate for its proposed financial repair mechanism, with some arguing that it is legally flawed and could lead to potential legal battles.
- The Senate's divide on the covered period for the memorial law, with the National Assembly advocating for it to start in 1942 and the Senate in 1945, has led to a rift in policy-and-legislation, and may prevent the bill from advancing to final legislation.
- The ongoing discussion and controversy over the limitations of the French homosexuality bill, including the eligibility period and financial compensation component, has been a topic of general-news in politics, with LGBT+ defense associations advocating for broader redress.
