Definition
According to the Defender of Rights, discrimination happens when three elements come together: less favourable or unequal treatment of a person or group of people; due to criteria defined by the law (origin, disability, gender, religion, sexual orientation, physical appearance…); in a context determined by the law (rental of an item/property, sale, access to employment, to a social service etc…).
Discrimination indicates a distancing of a person or group of people. This discrimination can damage the dignity or integrity of that person. It is illegal and reprehensible.
Promoting inequality, insulting, threatening, as a result of origin or nationality, an ethnic group, a race, a religion, a language, or because of gender or sexual preference, a particular health condition or a disability are discriminating attitudes. The same applies to not providing a service (at a restaurant, hotel or nightclub) or refusing free housing or available employment for the same reasons.
In these cases, discrimination is a crime, one that can be taken to court and punished with a fine and/or prison sentence.
Ways to fight discrimination
A group of people being discriminated against do not have to actually originate from or belong to a specific group for discrimination to be punishable, this can simply be assumed by the perpetrator. Hence, refusing services or racist comments are liable to punishment; as are discrimination due to religion – even if the victim does not believe in God or follows another religion.
Increasingly often, we are observing phenomena of accumulated discrimination, which is even more serious: a woman can be victim of sexist discrimination, racist comments and insults regarding her physical appearance.
The fight against discrimination is the subject of national laws (in France, the first law dates back to July 1st 1972, it has since been modified and added to several times), along with European and international conventions.
Since May 1st 2011, the French Defender of Rights (DDD) has had jurisdiction over all cases of discrimination prohibited by the law or by an international agreement. It replaced the Haute Autorité de lutte contre les Discriminations et pour l'Égalité (the “HALDE”), created by the law of December 30th 2004.
Mustapha Harzoune, 2022
