Abstract
“FIVA” (Fonds d’indemnisation des victimes de l’amiante), a relief compensation fund for asbestos victims that France established in 2000, has been described as a historic step in labor–management (equating here to victims and offenders) conciliation that compares with the Workers Accident Compensation Law enacted in 1898.
Translated and revised from the Japanese original, Takamura, G. (2009). France’s Compensation Fund for Asbestos Victims, with a Focus on the Mutually Regulating Relationship Between the Judicial System and the Welfare State Regime. Research on Environmental Disruption (in Japanese), 38(4), 14–19, with permission of the Editing Committee of Research on Environmental Disruption.
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- 1.
In France, the social security system (“sécurité sociale”) evolved from a mutual aid association-based group relief framework for beneficiaries in specific occupational fields. Its core feature is that it is based in civil law, and thus cannot be equated with the frameworks of a welfare state (Dupeyroux et al. 2008).
- 2.
In French tort law, the meaning of “faute” is closer to the negligence of an offender in accepting objectively applied responsibilities than the psychological feelings of negligence in the performance of one’s duties. As such, it is not translated as “negligence” but expressed as “faute.” (Noda 1975).
- 3.
Interviews were conducted from March 5 through March 8, 2007, with FIVA, the Welfare Ministry’s Asbestos Countermeasures Office, labor inspectors in Europe, the attorney Jean Paul Teissonnière, and the victims support group ANDEVA. In addition, Teissonnière provided updates on the latest developments in a televised lecture for the International Asbestos Symposium hosted in November 2008 by Ritsumeikan University.
- 4.
For an analysis of the historical record of the asbestos problem and regulation, and why France was slow to implement regulations, see the French Senate’s report, Les rapports du Sénat (2005).
- 5.
For additional information on the decision by Conseil d’État recognizing government liability for damages, see Kitamura (2007).
- 6.
According to the Cour de Cassation, Chambre sociale, du 28 février 2002, objective liability for the consequences, and not subjective employer awareness of risk, is the criterion for the demonstration of “inexcusable fault.” Based on this interpretation, many asbestos lawsuits asserting employer liability almost automatically resulted in decisions recognizing “inexcusable fault” (Teissonnière and Topaloff 2002).
- 7.
In addition, Fonds de cessation anticipée d’activité des travailleurs de l’amiante (FCAATA) (an early retirement fund for workers exposed to asbestos) was also established in 2000. Employees of companies that were involved in the hazardous utilization of asbestos will receive smaller retirement allowances should they retire under normal circumstances. This fund encourages early retirement, facilitates earlier starts for the payment of retirement benefits, and ensures that retirees receive adequate retirement allowances.
- 8.
FIVA’s website. http://www.fiva.fr. Accessed September 3, 2010.
- 9.
However, the number of applications from victims of environmental exposure has been small, accounting for only 6.3% of all applications received in 2007.
- 10.
Reviews are conducted by the court of appeals with jurisdiction in the applicant’s district of domicile.
- 11.
The list is available on FIVA, http://www.fiva.fr. Accessed September 3, 2010.
- 12.
However, comparisons of the data for 2006 and 2007 reveal a slight downward trend both in the total number of lawsuits and the percentage of asbestos victims opting to file for litigation.
- 13.
However, compared with records for 2002, the gap is 9% smaller, indicating that some improvement has been made.
- 14.
Attorneys in Japan have applauded the court decision finding the French national government liable for damages. However, attorneys involved in asbestos-related litigation in France have taken a more critical view of the decision as something that could be exploited to exempt companies and employers from charges of “inexcusable fault.”
- 15.
FIVA is not prohibited from pursuing damages from the state through proxy litigation. In fact, FIVA launched four such lawsuits for this purpose in 2006.
- 16.
Earlier studies include the following by Tanase (2006).
References
Dupeyroux J, Borgetto M, Lafore R (2008) Droit de la sécurité sociale. Dalloz, Paris
Ewald F (1994) L’Etat providence. Grasset, Paris
FIVA (2008) 7ème rapport d’activité au parlement et au gouvernement année 2007
Iwamura M (1984) Workers accident and damage compensation (in Japanese). University of Tokyo Press, Tokyo
Kitamura K (2007) Harm from asbestos and state liability for damages in France. Ritsumeikan Hougaku (in Japanese) 311:218–235
Les rapports du Sénat (2005) Le Drame de l’amiante en France, Paris
Noda Y (1975) The concept of ‘faute’ in French civil law. In: Kawashima T (ed) Commemoration of professor wagatsuma’s 60th birthday. A study of damage compensation, vol 1 (in Japanese). Yuhikaku, Tokyo
Tanase T (2006) The design of the compensation system for asbestos victims. NBL (in Japanese) 826:20–27
Teissonnière J, Topaloff S (2002) L’affaire de l’amiante. Semaine sociale Lamy, Paris, Supplément 1082
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Takamura, G. (2011). The French Indemnification Fund for Asbestos Victims: Features and Formative Historical Factors: Preliminary Observations for a Comparative Analysis of Asbestos Relief Frameworks. In: Miyamoto, K., Morinaga, K., Mori, H. (eds) Asbestos Disaster. Springer, Tokyo. https://doi.org/10.1007/978-4-431-53915-5_14
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