Charter to combat sexual and gender-based violence on the Festicar platform and in carpools

Our Festicar carpooling platform is a space where safety and respect are paramount. In order to achieve these objectives, its members wish to mutually commit to promoting all practices that make carpooling a trustworthy environment. This means being fully aware of practices that can, even implicitly and unintentionally, undermine this trust and lead to sexist and sexual violence. We have therefore drawn up this charter to combat sexual and gender-based violence, which we ask you to accept each time you create and/or book a journey.

 

1. Mutual Respect

 

As a user of this platform, I undertake to treat all other Internet users, passengers and drivers with respect, without discrimination based on sex, sexual orientation, gender identity, ethnic origin, religion or any other protected characteristic. We remind you that any form of proven discrimination is not only a civil offence, but also a criminal offence.

 

Differences of gender, age, origin, religion, social class, political opinion, physical appearance, known or assumed sexual orientation, marital or family status or state of health must never be used as a basis for judging people, their attitudes or their words.

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I reject all forms of harassment, which are always an affront to personal dignity and create an intimidating, hostile and offensive environment. The use, even if not repeated, of any form of pressure with the aim of obtaining acts of a sexual nature constitutes sexual harassment. 

 

I condemn all forms of sexual assault and rape in the strongest possible terms, and do my utmost to create a caring environment in which victims can be listened to and supported, to help them overcome the consequences of such violence. I am committed to encouraging victims to speak out, and to supporting all those who file complaints against perpetrators of violence. In the interest of victims, the Festicar community is committed to promoting the use of legal channels, which are the only way to obtain justice. 

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I also prohibit the use of violence or insults towards people suspected of aggression. In addition to the fact that these practices can sometimes be used against people who turn out to be innocent, they allow aggressors to pose as victims, at the risk of obstructing the justice to which real victims are entitled. 

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We also formally emphasize that no dress, no words, no behavior can ever justify violence.

 

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2. Consent

 

I recognize that consent is essential in all interactions. I pledge never to exert pressure, intimidate or harass, and to obtain clear and explicit consent before any physical or verbal contact.

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Everyone must understand and promote the importance of consent in interpersonal and sexual relationships. Consent is always reciprocal, and everyone must check that their interlocutors are in a position to give it, bearing in mind that consent can be given and then withdrawn, that it can be expressed in actions and/or words, and that silence is never equivalent to acceptance.

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3. Trip safety

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I undertake to contribute to the safety of the journey by respecting the Highway Code, wearing a seatbelt and complying with the rules laid down by the driver. Any behavior that endangers the safety of passengers or the driver is strictly forbidden.

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4. Reporting inappropriate behavior

 

If I witness or am the victim of inappropriate behavior, such as harassment, inappropriate comments, unwanted advances or any other form of sexual or gender-based violence, I undertake to report it immediately to the platform moderation team, the festival team on site and/or the police if necessary.

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As some people may be unaware of the offensive nature of comments and behaviour which, while not falling under the law, are nonetheless inappropriate, witnesses and/or targets of such behaviour are encouraged to use educational means to make people understand the inappropriate nature of such behaviour and to get them to apologize. Everyone should always be concerned to learn the most appropriate behavior from everyone, at every age. In the event of a repeat offence, existing reporting mechanisms must be used, as must be the case immediately for any legally reprehensible comment or act.

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5. Confidentiality and privacy

 

I undertake to respect the confidentiality of information shared during carpooling and not to divulge personal data without consent. I also respect the privacy of other users by not asking indiscreet questions.

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6. Sanctions

 

Any violation of this charter will result in sanctions up to and including suspension or deletion of the offending user's account, depending on the seriousness of the offence.

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Our team is at the disposal of any victim who would like associative support to understand the extent of their rights and the legal procedures they can take against their aggressor.

 

7. Awareness and prevention

 

I pledge to contribute to the awareness and prevention of sexual and gender-based violence by sharing relevant information and resources with other users, and by encouraging respectful behavior within the ride-sharing community.

 

 

By signing this charter, I agree to abide by these principles and to play an active role in creating a safe, respectful and inclusive environment for all users of the car-sharing platform.

 

Reminder of definitions

 

Most definitions are taken from: https://arretonslesviolences.gouv.fr/besoin-daide/violences-sexuelles 

 

 

Discrimination is the act of treating a person differently because of a prohibited criterion (gender, age, origin, state of health, etc.). The French penal code (article 225-1) defines discrimination as any distinction made between people "on the basis of their origin, sex, family situation, pregnancy, physical appearance, particular vulnerability resulting from their economic situation, apparent or known to the perpetrator, their surname, place of residence, state of health, loss of autonomy, their disability, their genetic characteristics, their morals, their sexual orientation, their gender identity, their age, their political opinions, their trade union activities, their ability to express themselves in a language other than French, their actual or supposed membership or non-membership of a particular ethnic group, nation, alleged race or religion. 

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Discrimination also includes any distinction made between legal entities on the basis of origin, sex, family status, pregnancy, physical appearance, particular vulnerability resulting from the economic situation, apparent or known to the perpetrator, surname, place of residence, state of health, loss of autonomy, disability, genetic characteristics, morals, sexual orientation, gender identity, age, political opinions, trade union activities, ability to express oneself in a language other than French, membership or non-membership, real or supposed, of a specific ethnic group, nation, alleged race or religion of the members or certain members of these legal entities". 

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Resources: https://www.service-public.fr/particuliers/vosdroits/F1642 

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Sexist comments are sexist acts, and are degrading comments directed against a person or group of people on the grounds of their sex, with the aim of demeaning or denigrating them. 

Resources: https://travail-emploi.gouv.fr/IMG/pdf/kit-sexisme.pdf 

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Moral harassment takes the form of repeated acts likely to lead to a deterioration in the working conditions of the person subjected to them, which may result in an infringement of his or her rights and dignity, a deterioration in his or her physical or mental health, or a threat to his or her professional development. 

Resources: https://www.service-public.fr/particuliers/vosdroits/F2354 

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Sexual harassment is defined as the repeated imposition on a person of comments or behavior with a sexual connotation, which either violates their dignity by being degrading or humiliating, or creates an intimidating, hostile or offensive situation. Sexual harassment is the use, even if not repeated, of any form of serious pressure (in exchange for something in return or under threat) with the real or apparent aim of obtaining an act of a sexual nature. Pressure is systematically serious when the person making the request is in a position of power over the victim. Sexual harassment can take the form of ambient harassment, in which the victim is not directly targeted but is regularly the witness of a sexual act.

Ressources : https://information.defenseurdesdroits.fr/unefemmesurcinq/

 

Acts of sexual harassment, moral harassment and discrimination come under criminal law, while sexist behaviour comes under labour law. 

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Sexual exhibition is the act of forcing a non-consenting person to see a sexual display in a place open to public view. Sexual exhibition (article 222-32 of the French penal code) is an offence. The penalty is 1 year's imprisonment and a €15,000 fine. 

 

 

Voyeurism is the act of using any means to view a person's private parts that the person, by virtue of their clothing or presence in an enclosed space, has hidden from the view of third parties, when committed without the person's knowledge or consent. Voyeurism (article 9 226-3-1 of the French penal code) is an offence. Penalties range from 1 year's imprisonment and a €15,000 fine to 2 years' imprisonment and a €30,000 fine. 
 

Any sexual act (touching, caressing, penetration, etc.) committed with violence, constraint, threat or surprise is prohibited by law and punishable by law. Coercion implies the existence of physical or moral pressure. Threats may involve the perpetrator announcing reprisals if the victim refuses. Surprise is used when, for example, the victim is unconscious or under the influence of alcohol. Article 222-2-1 of the French Penal Code specifies the definition of duress and surprise, particularly when the acts have been committed on a minor. Rape is an act of sexual penetration of any kind (body part or object), or any oral-genital act committed on another person or on the person of the perpetrator by violence, constraint, threat or surprise. 

 

 

Rape is a felony (articles 222-23 to 222-26 of the Penal Code). The penalty is 15 years' imprisonment. It is 20 years' imprisonment if the rape is committed with one or more aggravating circumstances. 

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It is an offence to administer to a person, without their knowledge, a substance likely to impair their discernment or control over their actions, in order to commit rape or sexual assault (article 222-30-1 of the French Penal Code). It is punishable by 5 years' imprisonment and a €75,000 fine. When the acts are committed on a minor under 15 or a particularly vulnerable person, the penalties are increased to 7 years' imprisonment and a €100,000 fine. 

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Direct witnesses are defined as people who were present at the time of the incident, but who did not commit or witness it.