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Discrimination is prohibited and punishable by French law. If you have experienced discrimination, be it from a public or private organisation, there are some options to protect your rights.
Verified by Women for Women France on 30/05/2022
If you have experienced discrimination, there are avenues to obtain compensation for the harm it has caused you. You have a maximum period of five years to report the discriminsation.
Under French law, you have been discriminated against if the following three criteria are met:
French law prohibits discrimination in the following domains:
French law recognises the following types of discrimination:
If you experience discrimination, you can report it within five years to obtain compensation for the harm it has caused you.
There are several ways to report discrimination:
Reporting and investigating discrimination against you will take place in parallel to any legal proceedings you have in progress. They will not put the legal proceedings on hold. For example, if you need to appeal a decision by the authorities, make sure you meet the deadlines set out in law.
Try to gather together any direct or indirect evidence or even hints that may demonstrate the discrimination you have experienced.
However, you can report discrimination even if you have no evidence. The authorities will be able to investigate.
You can start by writing down the facts that occurred chronologically and in detail, specifying the place, date and time.
Try to gather all the elements that can prove the existence of discrimination or harassment, for example:
If you feel that you have been discriminated against, for example when applying for a job or housing, you can do a discrimination test called “testing”.
This test consists of sending two comparable applications for the same offer by modifying only the characteristic likely to expose them to discrimination.
If you receive a different answer to the two applications, this can be used as evidence to proove the discrimination you have subjected to.
If you choose to call on the “Défenseurs des droits”, which is known as “saisir” the “Défenseur des droits”, there are several ways to do so:
Remember to include your contact details in all your correspondence so that you can be easily reached.
Once your report has been received, the “Défenseur des droits” will check whether it is considered discrimination under law and provide a response:
If you haven’t heard anything about your report after two months, you can contact them again to find out how your application is progressing.
It is common to fear the potential consequences of reporting discrimination; being afraid of what may happen if the authorities or your employer learns about it, for example. But by reporting the discrimination you could obtain redress for the harm it caused you.
French law protects you by punishing those who retaliate against someone who has reported discrimination or harassment. If this is the case, you can make a new report to the police or the “Défenseur des droits”, or seek advice from a lawyer.
You have the right to file a complaint and ask the “Défenseur des droits” to protect your rights, even if you don't have residency rights.
The police do not have the right to place you in detention for this. Applicable law: Article 15–3 of the Penal Code.
If possible, notify someone close to you or an organisation offering free services known as an “association” specialised in law for foreign nationals that you are going to file a complaint. This will make you feel safer if the police do not comply with the law.
In France, there are many services that can support you, give you advice, and assist you with procedures and paperwork. Most of them are free of charge.
The centres called “point-justice” bring together various organisations that give you legal advice depending on your situation, and sometimes help you with your administrative procedures.
“Défenseur des droits” defends people who are victims of discrimination from public and private structures.
While the utmost care has gone into providing you with the most accurate and up to date information, this page is not intended to replace legal or professional advice. Laws and procedures change regularly so it is important to consult qualified professionals.
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