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27 September 2024

France: Proposed law on electromagnetic hypersensitivity (EHS)

Note: This is an unofficial auto-translation of the bill.

No. 211
_____

NATIONAL ASSEMBLY
CONSTITUTION OF OCTOBER 4, 1958
SEVENTEENTH LEGISLATURE

Registered with the Presidency of the National Assembly on September 17, 2024.

PROPOSED LAW

aiming to recognize electro - hypersensitivity as a disabling disease ,

(Referred to the Social Affairs Committee, in the absence of the establishment of a special committee within the time limits provided for in Articles 30 and 31 of the Rules of Procedure.)

presented by

Mrs. Sylvie BONNET, Mr. Thibault BAZIN, Mr. François-Xavier CECCOLI, Mr. Nicolas FORISSIER, Mr. Alexandre PORTIER, Mr. Jean-Pierre TAITE, Mr. Jean-Pierre VIGIER, deputies.

EXPLANATORY MEMORANDUM

Ladies and Gentlemen ,​

For about twenty years, people have attributed the symptoms they experience (headaches, sleep disorders, concentration problems, skin irritations and tinnitus, etc.) to exposure to electromagnetic fields. These symptoms often have a significant impact on their quality of life and their ability to function on a daily basis.

Electrosensitivity is not officially recognized as a disease in France. However, the World Health Organization (WHO) recognized in 2005 that it was " characterized by various non-specific symptoms that differ from one individual to another " and that it affects up to 2% of the French population. As a result, electrohypersensitive people often feel marginalized and misunderstood and may have difficulty finding doctors or health professionals who take them seriously and help them manage their symptoms.

A few years ago, ANSES conducted a specific and in-depth expert appraisal on these issues, and its preliminary report was the subject of a public consultation open from 27 July to 30 September 2016.

The observations made during the consultation were examined by the group of experts in charge of the work and ANSES published its opinion and report in March 2018.

The ANSES expert work focused in particular on the definition of electro-hypersensitivity (EHS), the description of symptoms, the development of diagnostic criteria, as well as the existence of a causal relationship with exposure to electromagnetic fields.

In France, although there is currently no specific law on electrohypersensitivity, Law No. 2015-136 of February 9, 2015 relating to sobriety, transparency, information and consultation in matters of exposure to electromagnetic waves has nevertheless provided for better information for the public on electromagnetic waves and a reduction in unnecessary exposure.

This law did not recognize EHS as a disabling disease, but it did allow the implementation of a certain number of measures to protect people who suffer from it: plans for the deployment of mobile telephone networks in consultation with local authorities, an obligation for mobile telephone operators to provide information on the electromagnetic waves emitted by their antennas, and the creation of a research fund on the effects of electromagnetic waves on health.

In a ministerial response published in the Official Journal of the Senate JO Sénat on December 17, 2020, the Government admitted that " the definition of disability set out in Law 2005-102 of February 11, 2005 for equal rights and opportunities, participation and citizenship of people with disabilities, allows, in view of the assessment of the disadvantage suffered and the compensation needs by the multidisciplinary team of the departmental homes for people with disabilities, to take into account the consequences of a person's state of health on their usual activities and participation in social life regardless of the diagnostic label " . However, the people concerned have difficulty having their disability recognized.

The sole article of this proposed law therefore aims to explicitly recognise electro-hypersensitivity as a disabling disease by an addition to Article L. 114 of the Social Action and Families Code created by Article 2 of Law No. 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of people with disabilities.

Recognizing electrohypersensitivity as a disabling condition would indeed help stimulate research into its causes and potential health effects. It could also lead to the establishment of protective measures for electrohypersensitive people, such as white zones free of electromagnetic emissions.

This is the meaning of the present bill that we ask you, ladies and gentlemen, to kindly adopt.

– 1 –

bill

Single item

Article L. 114 of the Social Action and Families Code is supplemented by the words: “linked or not to exposure to electromagnetic waves”.

Original text in French:

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