France

National policy
National policy/strategy or official recommendations on HIV testing?Yes
National policy/strategy document
Who can administer HIV tests?
Restrictions on who can legally administer HIV tests?Yes
Which groups can legally do HIV testing?
  • Any doctor/nurse (not necessarily in a specialist clinic)
  • NGO with clinical supervision
  • NGO without clinical supervision
Further comments

From the responses received it is unclear as to the restrictions which operate, if any. One respondent states that non-clinical staff can carry out tests with appropriate training.

Free HIV testing
HIV testing free to all who want it?Yes for all
Further comments
Is free HIV testing available?Across whole country
Further comments
HIV testing restrictions
HIV testing access restricted for some groups/populations?No
Which groups are restricted
Further comments
Availability of testing in non-clinical settings
Is testing available in any of the following ways?
Postal HIV sampling legal?No
Home HIV testing legal?Yes
Community testing at NGOs legal?Yes
Community/outreach event testing legal?Yes
Other
Rapid tests used by community based testing services/initiatives?
Anonymity/Confidentiality of HIV testing
Anonymous testing available?Yes
If yes, please give details

At CEGGIDs (Free testing and diagnosis centres). Other centres eg. family planning offer confidential testing. Testing at AIDES is confidential (it can also be anonymous).

If not, why not, what sort of information is required and is there any promise of confidentiality?
Discrimination & equality
Legislation
Legislation protecting the rights of people with HIV?Yes
Further comments

There are no anti-discrimination laws which specifically mention HIV, but as a class of individuals there are many criteria including discrimination based on health or handicap which have been held to protect people with HIV. 

The major protections that people with HIV can rely upon are contained in section 225 of the 'code penal' . The link to the website where this is (in French) is below 

https://www.legifrance.gouv.fr/affichCode.do;jsessionid=2EA8C87847C6FCD3FEF47F6BD8E70E16.tpdila13v_3... 

For seriously ill migrants who cannot have access to a medical treatment in their home country, there are protections against deportation and a resident permit can be issued for medical reasons. This is dealt with in the section on Mobility 

Other key populations
Needle exchange available for people who inject drugs?Yes
Further comments
Opiate substitution therapy available?Yes
Further comments
Are PWID (people who inject drugs) excluded from HIV treatment while actively using drugs?No
Further comments

'There is no exclusion in the regulations, however in practice this may well be different' states one of our respondents 

Legal to sell sex?No
Further comments

From the information received and the databases consulted it seems that in 2016 a change was made to the law - 

  • Buying sex was made illegal in 2016. Law enforcement varies across the country and discreet brothels are tolerated in towns and cities across the country. Sex workers have complained of police violence and poor enforcement of laws that could protect sex workers, especially against transwomen.

from http://spl.ids.ac.uk/sexworklaw . We are indebted to the Institute of Development Studies for this information 

Legal to buy sex?Yes
Further comments

However there is MAJOR pressure on sex workers and laws marginalise them from actively and passively soliciting clients.

see also http://spl.ids.ac.uk/sexworklaw

Access to HIV Treatment
Free access to HIV treatment?Yes, for some
Further comments
Status and access to HIV treatment and care in your country
Access to HIV treatment restricted for certain populations with HIV?Yes
Which groups are restricted?
  • Migrants
If more than one of the above populations selected, please give more information
Status
Country statusEU
Mobility in Europe
Do the following groups/populations have legal access to HIV treatment? (i.e provided on the same basis as citizens of the country)
Legal treatment access: Other EU migrant nationalsYes there is universal access
If yes but exceptions, please describe
Legal treatment access: general non-EU migrantsYes there is universal access
If yes but exceptions, please describe
Legal treatment access: Non-EU migrants with asylum/refugee statusYes there is universal access
If yes but exceptions, please describe
Legal treatment access: Non-EU migrants who are undocumentedYes but there are exceptions
If yes but exceptions, please describe

According to our respondent from AIDES 

STATE MEDICAL AID exists for all people who are on French Soil for more than three months. Thus undocumented migrants can access health care, but ONLY AFTER this period and ONLY if they have an income of less than 700 euros per month.

Further comments
About this data
Last minor revision30 September 2016
Last major revision11 November 2016
Published11 November 2016
Data sourcesAs well as responses from in-country individuals and organisations were taken from the following sources: http://ecdc.europa.eu/en/healthtopics/aids/Pages/monitoring-dublin-declaration.aspx
Sex Work Laws
These included  https://en.wikipedia.org/wiki/Prostitution_by_country#Europe
The Global Network of Sex Work Projects www.nswp.org and country sources and http://sexualrightsdatabase.org/map/21/Adult%20sex%20work and http://spl.ids.ac.uk/sexworklaw

Drug use
Needle exchange information was taken from Harm Reduction International who have an interactive tool https://www.hri.global/global-state-of-harm-reduction
Criminal Law
http://criminalisation.gnpplus.net has useful info about the criminal law and is searchable by country as well as http://www.hivjustice.net/site/countries/
MSM
http://ilga.org/what-we-do/state-sponsored-homophobia-report/ (2016)
Data contacts

Responses were received from AIDES 

Barring The Way To Health - Update this information