Marc Salomone / blog: madic50.blogspot.com / Book: The Two Forms, ed. Amazon
Paris, Friday, June 3, 2022
Mr. President of the Republic,
You are announcing a new CNR which this time is of "Refoundation".
The previous CNR, that of the "Resistance", installed the legal equality of both sexes, at the same time as that of all the so-called peoples of the "French Empire".
Can we conceive today of a refoundation that does not involve the installation of Parity in Law? This would give France and Europe the means to address many new questions which did not arise, not yet politically, in 1945.
For the purposes of your reflection, I attach below the letter of July 23, 2020 which detailed this "Refoundation".
You set yourself the imperative constraint of an encounter with history. It cannot be achieved with ordinary means. It is for this purpose that you were elected.
Thanking you for your attention and looking forward to reading from you,
Please accept, Mr President, my respectful greetings,
Marc SALOMONE
Marc Salomone / blog: madic50.blogspot.com / Book: The Two Forms, ed. Amazon
Paris, Thursday July 23, 2020
The two parities
1)- Administrative policies
The President of the Republic brings together the Convention on Ecology, the Prime Minister brings together the Grenelle on violence against women.
These two State initiatives establish the citizen mobilization of the entire population as the determining element of public action.
This imperative of mobilizing people in all their activities raises questions about the operating principles of administrative, public or private policies.
a- They are the ones who organize the association of people and their activities.
b- These policies combine the two sexes ad infinitum.
2)- The subordination of one sex to the other
The Grenelle on violence against women (from September 3 to November 25, 2019), established two operating principles for administrative policies. And so from all administrations, public or private:
1- The Prime Minister highlighted that men's violence against women is first and foremost the maintenance of the administrative subordination of women to men; here in the domestic version of the public administration.
2- The so-called Grenelle underlined the failure of the 1999 reform, known as Parity, based on competition between the sexes, or competitive parity.
How can we imagine mobilizing the entire population through a framework based on the infinite reproduction of the constitutional and institutional inferiorization of one sex by the other?
3)- 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, de jure, 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 art.11: "The President of the Republic...may submit to referendum any bill relating to the organization of public powers..."
4)- Equality and parity
The debate on the common action of the two sexes has two aspects:
a- Equality: It occurs where the sexes add up.
- Parity: It prevails 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 French nationals of full age of either sex..."
Therefore, the legal equality of the two sexes is already ensured.
In the current constitutional text, the lack of distinction between the sexes in the relationship of citizens to the laws is already recorded.
They are fully constitutive of citizenship.
Thus, the distinction suffered by the "sexes" does not come from formal law.
2- The principle of parity
This inequality could come from real law and the social practices that it accompanies.
In 1999, the settlor already took into account this difference in the functioning of the law. This is the so-called parity function.
5)- Competitive parity
In 1999, this is enshrined in two articles of the Constitution:1- Art. 1 § 2:
“The law promotes the 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:
(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. »
a- Competition between the sexes is established as a legal principle.
b- This competitive conception of parity has failed even for women in the ruling classes.
6)- Legal parity
To the extent that parliamentarians would like to take into account the failure of this 1999 reform, they would have to replace the competitive parity mechanism with the legal parity mechanism.
This requires that the equal participation of both sexes concerns all women and ultimately all men.
7)- Proposal
1- Current text
a - Art. 1, paragraph 2
“The law promotes the 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
Subject to further editing, this would be:
a- Art.1, paragraph 2
The public powers, the deliberative assemblies, the directions and hierarchies of public services, de jure, de facto, by delegation or circumstances, are constituted by the equal, joint, de jure, universal presence of both sexes.
b- Maintenance of Article 4, paragraph 2:
The infinite reproduction of the Glass Ceiling has become a blockage for the whole of society.
Marc SALOMONE
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