Society. Convictions for homosexuality: MPs consider financial compensation

A bill, examined in its second reading in the Senate on Tuesday, proposes that France recognize its policy of discrimination against homosexuals between 1942 and 1982, based on two articles of the penal code, one establishing a specific age of consent for homosexual relations and the other increasing the punishment for public indecency when committed by two people of the same sex. The text also provides for the creation of an independent commission to grant convicted persons an allowance of €10,000, plus €150 for each day of deprivation of liberty.

The precedent of the harkis

In the first reading, senators had refused to grant financial compensation due to "legal difficulties," but the principle was later reinstated by the deputies. Socialist Senator Hussein Bourgi, who initiated the text, denounced the "symbolic violence" on the part of those who reject compensation: "Why are we denying LGBT people what we have rightly granted to other victims of mistreatment?" he asks. France notably compensates the Harkis, those French Muslims recruited as auxiliaries to the French army during the Algerian War (1954-1962), abandoned at the end of the conflict.

France is addressing the issue of reparations for homosexuals "very late." Many countries have already passed such laws, which are accompanied by "concrete actions," emphasizes Antoine Idier, sociologist and historian. Germany, for example, compensates victims and funds LGBT+ research and cultural programs.

How many people are affected?

The number of people eligible for compensation could be between 200, as in Spain, and 400, as in Germany, MPs estimated in March 2024 during debates on the bill. Senator Hussein Bourgi indicated that he had been contacted by "barely a few people" concerned. Many of them are very elderly. They are unable or unwilling to revisit a painful episode in their lives. At the time, a conviction for homosexuality could ruin one's social and professional life. Above all, the majority of those affected are already deceased.

In France, approximately 10,000 convictions were handed down under the article that established a specific age of consent, and approximately 40,000 for the charge of homosexual public indecency, according to Régis Schlagdenhauffen, a lecturer at the School for Advanced Studies in the Social Sciences (EHESS). He is conducting research to "refine these estimates because some territories had specific policies," police surveillance of homosexuals was intense, and "denunciations" were numerous, he explains. Other laws have also helped crack down on homosexuality in France. Those convicted were mainly men who paid fines or prison sentences.

What do the associations think?

Associations welcome the proposed law, although some have some reservations. For Stéphane Corbin, coordinator of the Angers LGBTI+ center, it's a way to "keep in mind" this policy of discrimination and show that "we don't want this to happen again."

Terrence Khatchadourian, Secretary General of Stop Homophobia, also believes that this is a "way to show that we know how to learn lessons" from the past, a "duty to current and future generations." However, he deplores the overly restrictive text, which "excludes many of the people concerned": "all those convicted before 1942, but also those harassed by the police or interned in hospital." The activist also regrets the prevarication surrounding financial compensation: "we want a real apology, a work of remembrance, and concrete measures to repair this dark part of our history."

Francis Carrier, activist and founder of Grey Pride, an LGBT+ senior association, approves of the spirit of the bill but would like to see politicians address other current issues: "Let's prioritize the abuse that some people experience in today's society," he suggests.