Question 40977 — discrimination

Summary

Mr. Florian Bachelier draws the attention of the Minister of Solidarity and Health to the importance of removing the obstacles that can weigh on equal access to certain professions for people suffering from invisible pathologies, but not necessarily disabling. Indeed, numerous restrictions are likely to persist in access to certain jobs due to health conditions. However, with regard to diseases chronicles, they represent 20 million French people. A recent report from the Economic, Social and Environmental Council (CESE) on chronic illnesses, adopted on June 11, 2019, estimates that 25% of the working population will have a chronic illness by 2025. It is the effectiveness of the professional inclusion of people with chronic illnesses that must be fully respected and ensured. But he there are sectors of activity such as transport, but also high schools, public service jobs including the national police or the army which require strict specific conditions of physical fitness, which certain people could not a priori fulfill due to their medical diagnosis, without always taking into account the real state of the person and the possible treatments, made possible by the progress of the science, to compensate for the possible consequences of chronic pathologies. Concerning diabetics for example, who represent 3.3 million citizens in France, medical progress has nevertheless made it possible to create new generation insulin pumps to anticipate hypoglycemic attacks and thus avoid discomfort. For example, civil aviation professions are prohibited to them in France while Western countries have evolved their legislation, based on a case-by-case review, such as in the United States of America, Canada, the United Kingdom and Ireland. While it is true that the labor code already provides for a principle of non-discrimination based on state of health, its scope deserves to be better defined. Because if there are perfectly legitimate and justified cases where professional exercise requires excellent health conditions, the tendency of certain standards for classifying pathologies, such as the SIGYCOP standard governing the control of the medical fitness to serve of military personnel, seem to exclude any person suffering from a chronic illness, without consideration of the type of employment for which they apply within the public service. He therefore asks him what measures he intends to take to modernize, for the benefit of a fairer and more inclusive society, a framework normative and regulatory attached to respect for the freedom to choose one's professional future.

Machine translation from French. The official text remains authoritative.

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