Marc Salomone / 06.28.22.88.96 / Email: marcsalomone@sfr.fr
blog: madic50.blogspot.com / Book: The Two Forms, ed. Amazon
Paris, Tuesday, June 23, 2020
CONTRIBUTION (49) TO THE NATIONAL DEBATE WANTED BY THE PRESIDENT OF THE REPUBLIC IN 2020.
REFLECTION ON THE IMPOSSIBILITY OF THE CONTINUATION OF THE ORGANIZATION OF PUBLIC AUTHORITIES BY THE PREVALENCE OF ONE SEX OVER THE OTHER WHEN THE ECOLOGICAL EMERGENCY REQUIRES THE MOBILIZATION OF THE WHOLE POPULATION.
(Continuation of reflection n ° 48 of June 22, 2020 and previous ones. Cf.: madic50.blogspot.com)
FROM THE EMERGENCY OF THE USE OF THE REFERENDUM TO CHANGE FROM COMPETITIVE PARITY TO PARITY OF LAW.
1) - The environmental referendum
On Sunday June 21, 2020, the Citizen Climate Convention submitted its report to the Minister of Ecological and Inclusive Transition.
This convention calls for a referendum to include the ecological emergency and the crime of ecocide in the Constitution.
Art. 11 of the Constitution provides for it in these terms:
"The President of the Republic ... may submit to a referendum ... on reforms relating to the nation's economic, social or environmental policy ...".
2) - Administrative policies
This convention was joined at the request of the President of the Republic. It installs the mobilization of the entire population as the determining element of the ecological emergency.
This imperative of mobilizing people in all their activities raises questions about the operating principles of administrative, public or private policies.
a- It is they who organize the association of people and their activities.
b- These policies combine the two sexes to infinity.
3) - Subordination from one sex to another
The Grenelle of violence against women (from September 3 to November 25, 2019), established two operating principles for administrative policies. And therefore of all administrations, public or private:
1- The Prime Minister has highlighted that men's violence against women is first of all the maintenance of administrative subordination of women to men; here in the domestic version of public administration.
2- The so-called Grenelle underlined the failure of the 1999 reform, called the Parity, based on the competition of the sexes, or competitive parity.
How to imagine mobilizing the whole population by a framework based on the infinite reproduction of the constitutional inferiority of one sex by the other?
4) - The parity referendum
It therefore appears impossible not to submit to the direct opinion of the French people the necessary reorganization of administrative policy based on the joint, legal, universal presence of both sexes in the formation and definition of public authorities and deliberative assemblies. It is legal parity.
This referendum is based on Article 11: "The President of the Republic ... may submit to a referendum any bill relating to the organization of public powers ..."
5) - Equality and parity
The debate on joint action between the two sexes has two parts:
a- Equality
It occurs where the sexes add up.
b- The parity
It imposes itself where the sexes overlap.
1- The principle of equality
Art. 1§1:
"France ... ensures equality before the law for all citizens ..."
Art. 3§4:
"Are electors, under the conditions determined by law, all major French nationals of both sexes ..."
Therefore, equality before the law of both sexes is already ensured.
In the current constitutional text, the distinction between the sexes in the relationship of citizens to the laws is already recorded.
They are full components of citizenship.
The distinction allegedly suffered by the "sexes" does not therefore arise from formal law.
2- The principle of parity
It could come from real law and the social practices it accompanies.
The grantor has already taken this difference into account in the operation of the law. This is the so-called parity function.
6) - Competitive parity
In 1999, this was enshrined in two articles of the Constitution:
1- Art. 1 § 2:
“The law promotes equal access of women and men to electoral mandates and elective functions, as well as to professional and social responsibilities. "
2- It is supplemented by Art. 4 § 2:
(The parties) “They contribute to the implementation of the principle set out in the second paragraph of article 1 under the conditions determined by law. "
a- Competition between the sexes is set up as a legal principle.
b- This competitive conception of parity has failed even for women in the ruling classes.
7) - Legal parity
Insofar as parliamentarians would like to take into account the failure of this reform of 1999, they would have to replace the device of competitive parity by the device of parity of law.
This requires that the equal participation of the two sexes concerns all women and ultimately all men.
8) - Proposal
Under cover of a refinement of the drafting, this would give:
1- Current
a- Art. 1, paragraph 2
“The law promotes equal access of women and men to electoral mandates and elective functions, as well as to professional and social responsibilities. "
b- Article 4, paragraph 2:
(Political parties) “They contribute to the implementation of the principle set out in the second paragraph of article 1 under the conditions determined by law. "
2- Register
a- Art.1, paragraph 2
Public authorities, deliberative assemblies, directorates and hierarchies of public services, de jure, de facto, by delegation or circumstances, are made up of the equal, joint, de jure, universal presence of both sexes.
b- Maintenance of Article 4, paragraph 2:
Obviously, the swinging husbands will lose their condé.
In the country, the French would find themselves united and efficient.
In Europe and in the world, the moral and political authority of women would be reinforced: that of France too.
Marc SALOMONE
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