French legislation provide different regulations according to the age and power of judgement of the minor, particularly in criminal matters. Minors are children under the age of 18 years (section 388 of the Civil Code). Young persons are persons between 21 and 25 years.
They are allowed to stay in public places.
However, curfews maybe passed by prefectures or municipalities. In these cases, a unaccompanied minor under 13 years of age must not stay in public places between 11pm and 6am. The administration court specify by adjudication nr. 235638 of 9. July 2001 (collection Lebon) that these measures will become lawful if the public place present a risk to the health, safety, education and mental development of a young person during night time.
Restaurants:
According to art. 85 law on combating tobacco dependency and alcoholism, unaccompanied minors under 16 years of age must not stay in restaurants. Unaccompanied minors over 13 years of age are allowed to stay in restaurants if these would have a licence for serving non-alcoholic beverages. Unaccompanied minors under 13 years of age must not stay in restaurants (regardless of their licence). Article L. 3342-3 of the Public Health Code also regulate these provisions.
The national assembly decided a new law on the protection of minors which has to be confirmed by the Senate. This law provide a ban on serving unaccompanied minors under 16 years of age in restaurants.
Dance Halls:
There is no legislation about minors in night clubs, bars, similar entertainment districts or dance halls. French legislation relating night clubs is primarily concerned with questions about noise pollution. Art. 85 law on combating tobacco dependency and alcoholism shall also apply for night clubs and dance halls. A unaccompanied minor is not allowed to stay in public houses and restaurants. These description also goes with night clubs. Therefore art. 3342-3 of the Public Health Code applies to night clubs, bars and ballrooms. In general, minors under 16 years of age are not admitted.
Nightclubs, Bars:
There is no legislation about minors in night clubs, bars, similar entertainment districts or dance halls. French legislation relating night clubs is primarily concerned with questions about noise pollution. Art. 85 law on combating tobacco dependency and alcoholism shall also apply for night clubs and dance halls. A unaccompanied minor is not allowed to stay in public houses and restaurants. These description also goes with night clubs. Therefore art. 3342-3 of the Public Health Code applies to night clubs, bars and ballrooms. In general, minors under 16 years of age are not admitted.
Harmfull Places:
There are no places where prostitution is allowed. In addition, there are no specific decrees.
However, according to article 99 law on specific measures of the social system, jobs which sale pornographic material have to be located at least at a distance of 200 metre from schools. Minors are not allowed to stay at these stores.
Gambling:
Gambling is prohibited to minors. According art. 14 decree nr. 59-1498 of 22 December 1959 regarding provisions about gambling at casinos in seaside resorts, hot spring resorts and health resorts, minors are not allowed to stay in casinos.
According to decree nr. 85-390 on organization and operation of sports betting, minors must not participate in sports betting.
According to decree nr. 78-1067 of 9th November 1978 concerning organization and operation of “loterie nationale” und “loto national”, minors must not play the lottery.
A person under 16 years of age may only drink and buy non-alcoholic beverages correlative to class 1.
Persons between 16 and 18 years of age are allowed to consume and buy beverages correlative to classes 1 and 2 (e.g. wine, beer).
The national assembly decided a new law on the protection of minors which has to be confirmed by the Senate. This law provide a ban on alcohol persons under 18 years of age.
There are strict bans on minors, which regulate the sale as well as the consumption of alcoholic drinks. The following articles are important:
· Minors and an adult under guardianship must not run premises (art. 54law on combating tobacco dependency and alcoholism)
· In the event that of a breach of this obligation, the person will be avenged with a fine up to 3.811,23 €. In the case of an infringement under article 54, the court is able to enunciate the closing of business for a period of 5 years and more. Repeated infringements lead to the final closing of business (art. 57).
· article 17 law nr. 92-675 of 17th July 1992: It is prohibited to employ minors at premises (also in the context of a practical training), unless it is the partner of the operator, a parent or affinity including fourth degree. In premises which having a specific permission on sale of alcoholic beverages a person with 16 years of age is allowed to work in the context of a practical training or anapprenticeship. These internships should enable them to get an apprenticeship which will be certify by a diploma or a similar certificate under the provisions of art. 8 law nr. 71-577 on orientation of subject-based teaching.
Protection of minors against alcohol abuse:
· Selling alcoholic beverages to minors under 16 years of age for consumption or slaving at premises, stores and at public places is prohibited (art. 80 law on combating tobacco dependency and alcoholism).
· In the event that of a breach of this obligation, the person will be avenged with a fine up to 3.811,23 € (art. 81 law on combating tobacco dependency and alcoholism).
The operator of a premise or restaurant has to pay attention for compliance with the legislation. In the case of an infringement the operator has to stand trial:
· It is prohibited to sell or give up alcoholic beverages to minors under 16 years of age (third, fourth and fifth class) in public for consumption (art. 82 decree nr. 59-107 of 7th January 1959, law nr. 74-631 of 5 July 1974).
· According to art. 81 a person who is selling alcoholic drinks to minors until they drunken will be punished (art. 84 decree nr. 59-107 of 7th January 1959, law nr. 76-631 of 5th July 1974)
· Art. L.3342-1 Public Health Code regulate also the ban on selling alcoholic drinks to minors and the ban of free due of alcoholic beverages to minors at shops and public places.
There is no legislation which prohibit consumption of alcoholic drinks of minors outside of restaurants and premises. However the incitement to consume alcoholic drinks is illegal (art. 227-19 Penal Code).
Classification of beverage dispensing:
· class 1: non-alcoholic beverage
· class 2: wine (including cider, perry, mead), beer, Crème de cassis and juices from fermented fruits and vegetables, which contain 1,2 up to 3 percent alcohol by volume (natural dessert wines from certified growing areas)
· class 3: other natural dessert wines, liqueur wines, aperitive based on wine, strawberry liqueur, blackcurrantliqueur, cherry brandy under 18 percent alcohol by volume
· class 4: rum, tafia (from cane sugar), alcoholic drinks which are obtained from the distillation of wine, cider, perry or fruits and where no essences are added (cognac, armagnac, calvados)
· class 5:all the other authorized alcoholic beverages (Bsp. Ricard, Berger, Pernod, Whisky, Gin)
· non-authorized alcoholic beverages: aperitive based on wine with 45 percent alcohol by volume, bitter, gentian with a sugar content under 200 grams per 1 liter and 30 percent alcohol by volume
According to article 4 decree nr. 2001-618 of 12th July 2001, the minister of culture allocate the classification for releasing a film judged by a classification committee. This classification system is described in article 19 of the Code on film industry.There are four different labels of public film screenings:
a) No age limit
b) The movie is recommended for children above 12 years
c) The movie is recommended for children above 16 years
d) Strictly not suitable for minors
By way of derogation from article 3, the minister of culture may allowed public film screeningsfor non-commercial purposes on the assessment of the relevant council applied by the head of an institution to be organized at schools and universitiesfor the purpose of education (art. 21).
The cinema owner is responsible for proving children’ s age verification. If they do not observe the law, they will be amerce according to decree nr. 92-445 concerning the access of minors to cinemas.
There is no legislation that prohibit the consumption of tobacco products for minors. However, according to articles L. 3512-1-1 and L. 3511 of the Public Health Code, sales and free offers of tobacco products to minors is prohibited. If they do not observe the law, they will be amerce.
The legislation on combating tobacco addiction include a number of ordinances, which prohibit smoking in some public places:
· According to art. 1 of the law of 9th July 1976 law on combating tobacco dependency, the ban on smoking in public buildings apply for public enclosed rooms and areas, covered buildings as well as workplaces.
· The ban on smoking does not apply for areas which were placed for smoking people (art. 2).
· There can provide rooms for smoking people within buildings of education if these rooms aren’t used for teaching (art. 8).
· Within public spaces which are used for lodging and placement of young people, minors are not allowed to stay in smoking areas (art. 9).
· A person who smokes beyond an area for smoker can be punished (art. 14).
There is no legislation which prohibited expressly smoking for young people. However, there is a plan for a ban on selling tobacco products to minors under 16 years of age. This is a measure of the public health service in order to combat tobacco addiction.
They are allowed to stay in internet cafés.
However, there is no legislation about minors and internet cafés. Some owners of internet cafés evince that internet sites with a content harmful to minors (e.g. pornographic content) were blocked.
Minors over 16 years of age are allowed to possess a weapon of class 6 (thrusting, baton, bayonet, knuckle-duster, electrical equipment for defending) with parental content.
If there is no legitimate reason, it will be prohibit to wear and handle weapons for everyone.
Minors over 16 years of age need parental content and a specific permission to possess a weapon of class 5 (hunting weapon). Minors over 16 years of age need parental content and a permission of a licensed sport association to possess a weapon of class 7 (e.g. firearm, sporting arm, airgun above 10 joule power).
You will find the classification about weapons in decree nr. 98-589 of 6th May 1995 on application of decree of 18th April 1993 concerning provisions about military equipment, weapons and ammunition.
The age of consent for sexual relations with an adult is 15.
The Penal Code will not prohibit sexual relations between minors if they are under 15 years of age and agree to have sexual relations with each other.
According to art. 227-25 Penal Code, sexual relations between a person of full age and a minor under 15 years of age is prohibited. Even if the minor agree to have sex with an adult, it is still against the law for that person to have sex with a minor under 15 years of age.
The consensual relationship between a person full of age and a minor over 15 years will prohibit if the person full of age is a person of authority (art. 227-27 Penal Code).
Every citizen of the European Union is allowed to work in compliance with Labour Code. Minors are allowed to work from 16 years of age with parental consent.
Working hours are strictly regulated by law. Night work is prohibited for minors. Minors between 14 and 16 years of age are allowed to do “light work”. You will find the potential activities and conditions about work for minors between 14 and 16 years of age in articles L4153-1 following of the Labour Code.
A young foreigner (non-EU-citizen) between 16 and 18 years of age who seeks a job or a practical training needs a labour permitin advance.
Young foreigners under 16 years of age can get a work permit temporarily in exceptional cases (particularly for an apprenticeship).
See: www.defenseuredensenfants.fr
local police stations (Police nationale, Police municipale, Gendarmerie Nationale)
hotline for free: 119 („allo enfant en danger“)
Children and young people can also contact a Youth Welfare Office.
German Embassy
13/15 avenue Franklin D. Roosevelt
75008 Paris
phone:+33 (0) 1 53 83 45 00
fax: +33 (0) 1 43 59 74 18
See also: http://www.paris.diplo.de/Vertretung/paris/de/02/Botschaft.html
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source:
National Monitoring Centre for endangered Children - Observatoire national de l'enfance en danger (12/2009) ministry of justice, bord for judicial protection of minors - Ministère de la justice et des libertés, Direction de la protection judiciaire de la
