Why did the Senate approve harm recognition but resist reparations?

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Senate Approved Harm Recognition but Resisted Reparations for Discriminatory Convictions

The French Senate has acknowledged the suffering of individuals convicted under discriminatory laws enacted between 1942 and 1982, approving a recognition of the harm inflicted. However, the Senate has thus far declined to approve financial reparations for these individuals. This distinction highlights a difference in approach between acknowledging past injustices and providing material compensation for them.
Acknowledging Past Injustices

The lower house of parliament unanimously approved a bill to compensate gay people convicted under discriminatory laws, a move that now requires examination by the Senate. The Senate's agreement to recognise the harm inflicted on those sentenced when homosexuality was criminalised represents a significant step in formally acknowledging the state's role in past repressions. Justice Minister Eric Dupond-Moretti issued an apology on behalf of the state for the suffering endured by homosexual individuals over 40 years due to "totally unfair repression."
Resistance to Financial Reparations

Despite the recognition of harm, the Senate has resisted the concept of financial reparations. A key reason cited for this resistance is the potential difficulty in proving eligibility for compensation. The Justice Minister noted that it would likely be challenging for many individuals to demonstrate that they were indeed jailed or paid fines specifically under the now-scrapped legislation. This practical hurdle raises questions about the feasibility and administration of a reparations scheme.
Historical Context of Discriminatory Laws

Homosexuality was decriminalised in France in 1791, but a discriminatory law was introduced in 1942 during the Vichy regime and was upheld post-war. This legislation criminalised same-sex couples and remained in effect until 1982. Researcher Regis Schlagdenhauffen estimates that approximately 10,000 people were sentenced to prison or fines under laws criminalising sexual relations with a same-sex "minor," with an additional 50,000 punished for "public indecency."
Challenges in Implementing Reparations

The age of many potential recipients poses another significant challenge to the implementation of reparations. Many individuals whose lives were impacted by these convictions are now deceased or very elderly, suggesting that few may be in a position to come forward for any compensation. Socialist lawmaker Herve Saulignac estimates that between 200 and 400 people might be eligible for financial compensation, underscoring the limited number of potential claimants and the logistical complexities involved.

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Why did the Senate approve harm recognition but resist reparations?

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