France - Anti-discrimination




France's anti-discrimination laws promoting integration would continue to improve (see box) and reach best practice on definitions and concepts if the law punished discrimination by association on race/ethnicity and nationality. Whilst the grounds of nationality, race, and ethnic origin are addressed by a specific law, victims of religious discrimination have been able to rely on general equality provisions and parts of the Labour and Penal Code in the Court of Cassation and in HALDE deliberations. Enforcement would jump up to best practice with two small changes: if the average length of cases were reduced to under six months; and if courts should give harsher penalties to those perpetrators with a deliberate motive to discriminate based on religion or nationality. Equality policies do not reach best practice because, amongst other things, HALDE cannot take up a case on behalf of a victim, as is the case in countries like BE, CA, HU, and NL. Likewise, the state has not introduced positive action measures or obligations for public bodies to promote equality.


Better anti-discrimination law
Two recent laws (on Equal Opportunities and on creating the Specialised Body) have improved France's score on 9 MIPEX anti-discrimination indicators. The new HALDE equality body was launched in June 2005, with a budget of 10.5 million euros and a staff of 66 for 2006. HALDE provides services such as legal advice, alternative dispute resolution and independent investigations to victims of discrimination. HALDE can also bring cases in its own name on 19 types of discrimination, including race/ethnicity, religion/belief and nationality. The new laws also punish nationality and racial/ethnic discrimination in education, social protection, social security and access to goods and services like healthcare and housing. See Latraverse, Report on Measures to Combat Discrimination: Directives 2000/43/EC and 2000/78/EC Country Report/Update 2006, State of affairs until 8 January 2007 


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France - Overview
France - Labour market access
France - Family reunion
France - Long-term residence
France - Political participation
France - Access to nationality
France - Anti-discrimination
France - Public perceptions
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