France

The French law prohibits the discrimination on the basis of race. The number of complaints on racism filed before the police is decreasing. But not all the incidents reported are recorded by police authorities that themselves engage sometimes in ethnic profiling and other discriminatory actions. Tribunals engage stronger to fight against this category of offences. The National Action plan against racism was adopted in 2012.

Clear
  • Anti-discrimination Legislation & Implementation

    The French law forbids discrimination. The Constitutional Council decided that the list of grounds of discrimination was open. Under the Constitution, Treaties and International Conventions ratified by France are of superior value to national law, which therefore includes all criteria of discrimination enumerated therein. The Defender of Rights fights against discrimination and for equality. But there are still many barriers to effective implementation of such legislation in France.

  • Anti-racist Crime Legislation & Implementation

    The French law prohibits the discrimination on the basis of race. No circumstances are considered to justify differential treatment on grounds of "race" or "origin". The combating racist violence/hate crime is not always effective (discriminatory conduct of law enforcement officials, racial profiling being a serious problem), but tribunals engage stronger to fight against this category of offences.

    • Is there legislation against racist and hate crime?

      Yes

      Qualitative Info

      The Penal Code prohibits genocide; deportation, enslavement or the massive and systematic practice of summary executions, abduction of persons followed by their disappearance, of torture or inhuman acts, motivated by political, philosophical, racial or religious motives, and organised in pursuit of a concerted plan against a section of a civil population; discrimination is prohibited on the grounds of origin, sex, family situation, physical appearance or patronymic, state of health, handicap, genetic characteristics, sexual morals or orientation, age, political opinions, union activities, or membership or non-membership, true or supposed, of a given ethnic group, nation, race or religion.

      The Act of 29 July 1881 on freedom of the press prohibits incitement to discrimination, hatred and violence by reason of membership or non-membership of a given nation, race or religion, of sex,sexual orientation, handicap; efforts to justify war crimes and crimes against humanity; racial, national, religious defamation and defamation on the basis of gender, sexual orientation, or disability; racial, national, religious insult or insult on the basis of gender, sexual orientation, or disability.

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    • Is there a legal definition of racist-hate crime?

      No

      Qualitative Info

      There isn't a legal definition of racist-hate crime, although there is legislation against racist and hate crime

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    • Is there a legal definition of hate speech?

      Partially

      Qualitative Info

      There is no a legal definition of hate speech as such, but there are definitions of slander and defamation. Under the Act of 29 July 1881 on freedom of the press: "Any offensive expression, contemptuous term or invective, not based on fact, constitutes slander. Any allegation or imputation of an act which dishonours or damages the reputation of the person or entity against whom it is made constitutes defamation". The law punishes national, religious and racial slander and defamation and the same offences on the reason of sex, sexual orientation, disability.

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    • Are there legal definitions of racist incident and racist violence?

      Partially

      Qualitative Info

      There are no legal definitions of racist incident or racist violence as such, but the Penal Code contains the definition of genocide and discrimination on the ground of race.

       Genocide  occurs where, in the enforcement of a concerted plan aimed at the partial or total destruction of a national, ethnic, racial or religious group, or of a group determined by any other arbitrary criterion, one of the following actions are committed or caused to be committed against members of that group: 

       - wilful attack on life;

      - serious attack on psychological or physical integrity;

      - subjection to living conditions likely to entail the partial or total destruction of that group;

      - measures aimed at preventing births;

      - enforced child transfers.

      Other crimes against humanity are deportation, enslavement or the massive and systematic practice of summary executions, abduction of persons followed by their disappearance, of torture or inhuman acts, inspired by political, philosophical, racial or religious motives, and organised in pursuit of a concerted plan against a section of a civil population.

      Discrimination comprises of any distinction applied between natural persons or any distinction applied between legal persons by reason of their / their members' origin, sex, family situation, physical appearance or patronymic, state of health, handicap, genetic characteristics, sexual morals or orientation, age, political opinions, union activities, or their membership or non-membership, true or supposed, of a given ethnic group, nation, race or religion.

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    • Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?

      The membership of such organisations treated as an offence under the law

      Qualitative Info

      The Penal Code penalises the participation in a group formed or in an agreement established with a view to the preparation, as demonstrated by one or more material actions, of any of the felonies defined by articles 211-1 (genocide), 212-1 (deportation, enslavement or the massive and systematic practice of summary executions, abduction of persons followed by their disappearance, of torture or inhuman acts, inspired by political, philosophical, racial or religious motives, and organised in pursuit of a concerted plan against a section of a civil population) and 212-2 (where crimes against humanity are committed during war time in execution of a concerted plan against persons fighting the ideological system).

       

      Key socio-economic / Institutional Areas

      • Anti-racism
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    • Is there an independent assessment of the impact of anti-racist legislation and its application in practice?

      Yes

      Qualitative Info

      At the national level, the National Independent Commission of Human Rights  since 1990 has a mandate to submit a yearly report on the fight against racism, anti-Semitism and xenophobia to the Government. These reports have recorded and analyzed all governmental available data of different nature on racist, anti-Semitic and xenophobic acts: data gathered by the Ministry of Interior - mainly based on recorded complaints for serious offences motivated by racism, anti-Semitism and xenophobia-, cases brought to criminal justice recorded by the Ministry of Justice and racist, anti-Semitic and xenophobic events which took place in schools recorded by the Ministry of Education.  Every year the CNCDH receives all the existing and available data from the three Ministries to proceed to the publication of the report.

      At the international level, there is an independent assessment of the impact of anti-racist legislation and its application in practice by the Human Rights Council, the Committee on the Elimination of Racial Discrimination,  the High Commissioner for Human Rights of the UN, by the European Commission Against Racism and Intolerance, the Human Rights Commissioner of the Council of Europe.

      Key socio-economic / Institutional Areas

      • Anti-racism
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    • Is there an estimate or evidence that hate crime cases/incidents are under-reported disproportionately in relation to other crimes?

      Yes

      Qualitative Info

      The National Independent Commission of Human Rights notes that there is still important fear of reporting such incidents in relation to other crimes. There is fear of repeated violence after the reporting of the incident, shame of revealing the humiliation by victims and the remaining constraints of gathering evidence.

      Key socio-economic / Institutional Areas

      • Anti-racism

      External Url http://www.ladocumentationfrancaise.fr/rapports-publics/114000197/

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    • Is policing reported to be adequate in terms of combating racist violence/hate crime effectively?

      The police is not always adequate in terms of combating racist violence/hate crime effectively.

      Qualitative Info

      The police is not always adequate in terms of combating racist violence/hate crime effectively. It often does not even take into account the racist motivation of crimes. Moreover, the European Commission against Racism and Intolerance notes in its 4th monitoring report on France, adopted on 28 april 2010, that allegations persist concerning discriminatory conduct by law enforcement officials in respect of members of minority groups, in particular, visible minorities. A number of sources have stressed that racial profiling is a serious problem in the case of identity checks. But a number of mesures have been taken to improve the situation with regard to the activities of law enforcement officials. They include: human rights training and awareness-raising sessions of police officers; measures to raise awareness of the need to combat racism and racial discrimination.

       

       

       

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-racism

      External Url http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/France/France_CBC_fr.asp

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    • Is the judiciary reported to be adequately and effectively combating racist violence/hate crime?

      The judiciary is generally reported to be adequately combating racist violence/hate crime.

      Qualitative Info

      The judiciary is generally reported to be adequately combating racist violence/hate crime. Criminal response rate to racist, anti-religious and anti-Semite crimes represents the percentage of cases brought to justice that are not dismissed and are followed-up by the tribunals. From 72,1% in 2006, this rate reached 79,1% of cases in 2009 and 79,4% in the first trimester of 2010. The number of convictions pronounced against racist, anti-religious and anti-Semite crimes as main offences was 364 in 2006, increased to 423 in 2007 and 477 in 2008. This evolution shows above all the systematization of the response given by tribunals to this category of cases. Figures show a hardening of sentences pronounced for violence committed against persons and property, which may indicate a stronger comitment by tribunals to fight against this category of offences.

      FRA Racist and related hate crimes in the EU, France, October 2010

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-racism
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    • In the context of hate crime, is racist motivation treated as an aggravating circumstance?

      Yes

      Qualitative Info

       

      Following the adoption of the law of 9 of March 2004 on the adaptation of Justice to new forms of criminality, racist, anti-Semitic motivation can be taken into account as aggravating circumstances applicable to all existing offences defined by the Criminal Code. To be more precise, when a crime, as defined by the Criminal Code is committed on grounds of the origin or  belonging, or not-belonging, to a given ethnic group, nation, race or religion of the victim, the sentence is aggravated. Then, the qualification of criminal offences through the definition of this category of aggravating circumstances is in the French law what is commonly called "hate crimes".

      Many provisions of French law are already compliant with the requirements of the Framework Decision 2008/913/JHA (including through the law known as 'Gayssot') which has still not been transposed. France will apply this with the provision that it had issued in 2008: it wishes to make 'punishable the act of denying or grossly trivialising the crimes [of genocide] only if these crimes [...] have been established by a final decision of an international court'. This restriction is significant because it would exclude a number of cases, including the Armenian genocide, in the scope of its application.

       

      - Law No. 90-615 intended to eradicate all racist, antisemitic or xenophobic acts, 13 July 1990, JUSX9010223L

      - Council of the European Union, Interinstitutional file: 2001/0270(CNS), 26 November 2008

       

       

      Key socio-economic / Institutional Areas

      • Anti-racism

      External Url www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000532990&fastPos=1&fastReqId=633356207&categorieLien=id&oldAction=rechTexte, http://register.consilium.europa.eu/pdf/en/08/st16/st16351-re01.en08.pdf

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    • If there is a legal provision on racist motivation as an aggravating factor, how often is it applied? What kind of sanctions/penalties are issued?

      Under the section 132-76 of the Criminal Code the racist motivation is an aggravating factor.

      Qualitative Info

      The principle sanctions are criminal imprisonment for life for murder; twenty years' criminal imprisonment (for torture or acts of barbarity, acts of violence causing an unintended death, destroying, defacing or damaging property belonging to other persons by means liable to create a danger to other persons); 15 years' criminal imprisonment (for acts of violence causing mutilation or permanent disability); 10 years' imprisonment for extorsion; 5 years'  imprisonment (for acts of violence causing a total incapacity to work for more than eight days, threats to commit a felony or a misdemeanour against persons made together with an order to fulfil a condition, threats of death); 3 years' imprisonment (for acts of violence causing an incapacity to work of 8 days or less or causing no incapacity to work,  destroying, defacing or damaging property belonging to other persons); 2 years' imprisonment (threats to commit a felony or a misdemeanour against persons), etc. Sometimes these sanctions are accompanied by fines.

      In 2010 the Criminal Court issued  567 condemnations  including a racist offence; 397 condemnations related to racist offence as main offense; 298 condemnations related to racist offense only.

       

       

       

       

       

       

       

       

       

       

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-racism
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    • Does national legislation provide specific sanctions against public servants reported as perpetrators of racist violence/hate crime?

      Yes

      Qualitative Info

      Following the adoption of the law n°2004-204 of 9 of March 2004 on the Adaptation of Justice to  New Forms of Criminality, racist and anti-Semitic motivations can be taken into account as aggravating circumstances applicable to all existing offences defined by the Criminal Code (Chapter IV, Section 1 of the law n°2004-204).  Sentences for this kind of crimes are even more aggravated when the perpetrators are public officials or other officials representing the State. Specific sanction is the prohibition to hold public office (permanent or temporary for maximum 5 years).

       


       

       

      Key socio-economic / Institutional Areas

      • Anti-racism

      External Url http://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=A0C335D18BF33757232B679BEA7FD85E.tpdjo08v_1?cidTexte=LEGITEXT000006070719&idArticle=LEGIARTI000006417501&dateTexte=20120102&categorieLien=id#LEGIARTI000006417501

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    • Have public servants been reported as being perpetrators of racist violence/hate crime?

      Serious concerns against the development of discriminating speech within the highest political level of the French State have sparked off important reactions of politicians, intellectuals, anti-racist NGOs and international organizations.

      Qualitative Info

      The economic crisis and the development of security driven discourses held even within the highest political level favoured a context in which it was often easier to find scapegoats such as the direct link established by the French President between migrants and thieves/criminals and the massive removal operations against Roma people. This situation favours a certain trivialization of xenophobic violence and hate speech. The controversy and the reactions of the public opinion created a large debate.

      Notable incidents of racist violence and crime reported by official or unofficial sources:

      On 30 July 2011, the Paris Court of Appeal upheld the first conviction for public insult of a racist nature (and €1200 suspended fine) of Paul Girot de Langlade, local coordinator for the meeting of the General Assembly of the Overseas Territories, (Créteil High Court, 2 July 2010). During  a visit to Orly airport, he said in front of employees "it is like being in Africa, there are only blacks here".

      The Paris Court of Appeal delivered a ruling on 15 September 2011 on remarks made by former Interior Minister Brice Hortefeux. At a Party meeting while in office, Brice Hortefeux had said of North Africans that, "when there is one, it's OK, it's when there are several that there are problems", and was convicted by the criminal court for insults towards a group of people because of their origin, ordered to pay a fine of €750 and €2,000 in damages to MRAP. He appealed against the first ruling. The Court of Appeal acknowledged that the racial slur was well characterized, but did not uphold the public character of the incident. The MRAP announced its intention to lodge an appeal.

      The current Minister for the Interior, Claude Guéant, is the subject of several complaints lodged by anti-racist associations:

      - On 4 April 2011, he said about Islam, "It is true that the increase in the number of followers of this religion and a number of certain types of behaviour are a problem". SOS-Racism decided to complain to the petitions committee of the Court of Justice of the Republic (CJR), the only body empowered to try ministers in office. The CJR has decided not to proceed with the complaint.

      - On 11 September 2011, Claude Guéant said on-air on radio RTL: "I ​​can tell you that there is significant immigration from the Comoros to Marseille which is the cause of a lot of violence". The MRAP lodged a complaint to the CJR against these remarks for incitement to hatred, violence and discrimination. The ruling is pending.


       

       


       

      Key socio-economic / Institutional Areas

      • Anti-racism

      External Url http://www.elysee.fr/president/les-actualites/discours/2010/discours-de-m-le-president-de-la-republique-a.9399.html

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  • Political Parties-organisations - Racist & Xenophobic Discourse

    The vast majority of members of the main political parties have the firm discourse against many forms of racism. But extreme-right parties still persist in the French political landscape.  2 deputies from the extreme-right party National Front were elected in the Parliament in 2012. The phenomenon becomes more widespread on the eve of elections. Various debates took place during the presidential and legislative campaigns in 2012 on halal food, minarets, burqas, secularism, national identity, immigration, and prayers in the streets. The debates tended to raise Muslims as problematic for France.

  • Anti-racist Policies & Organisations

    Severely criticized by the experts of the CERD, the French authorities elaborated the National Action plan against racism which was finally adopted in 2012. There are some initiatives of combating racism at the regional level. There is a significant number of NGOs fighting against all forms of racism, anti-Semitism and Islamophobia. Their activity has a positive impact on anti-racist policies.

    • Has the national government developed policies/programmes aimed at combating racism and related ideologies? Have these policies/programmes been implemented and in whatway?

      Yes

      Qualitative Info

      In 2001, France was one of the signatory States of the Durban Declaration and Programme of Action (World Conference against Racism (WCAR)), and so it engaged to implement a national action plan against racism. Twelve years later, and after several reminders from international institutions such as the CERD, France launched on 15 February 2012 its National action plan against racism and anti-Semitism (PNACRA).

      This plan sets out the action programme of the government for the period 2012-2014 and includes the creation of an interministerial director for the fight against racism and antisemitism. The director will be responsible for ensuring the daily coordination of interdepartmental work and the consistency of State action. The director will play a leadership role making proposals to improve fight against racism. Placed under the joint authority of the Prime Minister and the Minister of Interior, the director will prepare the meetings of the Interministerial Committee for the fight against racism and antisemitism (CILRA) and will ensure the implementation of the national action plan. On 29 February 2012, Régis Guyot was appointed interministerial director for the fight against racism and anti-Semitism, on the proposal of the Minister of the Interior.

       

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-racism
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    • Has regional/local governance made a significant attempt at combating racism and related ideologies?

      Yes

      Qualitative Info

      A working group was created to launch an information campaign about the project "Coalition of Cities against Racism" which aimes to bring together the cities wishing to conduct a struggle against racism and discrimination through the exchange of experience and expertise. The European coalition of cities against racism held its General Conference in November 2009 in Toulouse.
       

      Key socio-economic / Institutional Areas

      • Anti-racism

      External Url http://www.diplomatie.gouv.fr/fr/enjeux-internationaux/onu/commission-francaise-pour-l-unesco/domaines-d-action/activites-intersectorielles/article/coalition-des-villes-contre-le

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    • In your country are there any non governmental organisations whose principal objectives relate to opposing/undermining racism and racist activity?

      Yes

      Qualitative Info

      In France there are NGOs fighting against all forms of racism and, more specifically, against anti-Semitism and Islamophobia.

      Groups affected/interested

      • Muslims
      • Religious minorities

      Type (R/D)

      • Anti-semitism
      • Islamophobia

      Key socio-economic / Institutional Areas

      • Anti-racism
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    • Non governmental organisations whose principal objectives relate to opposing/undermining racism and racist activity

      Yes

      Qualitative Info

      The International League against Racism and Anti-Semitism is one of the key French NGOs fighting against anti-Semitism and all forms of racism. It was founded in 1928 and it is considered nowadays as an authority in legal expertise on combating this kind of discriminations. The LICRA was actually one of the NGOs playing a leading role of advocacy to adopt the Law against racism of 1972.

      There are also the  Committee against Islamophobia, the Service for the Protection of the Jewish Community, SOS Racisme Association.

      Key socio-economic / Institutional Areas

      • Anti-racism
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    • Are there examples of anti-racist anti-discrimination organisations' activity having a positive impact on anti-racist policies?

      Yes

      Qualitative Info

      There are some examples of anti-racist anti-discrimination organisations' activity having a positive impact on anti-racist policies.

      Through the impetus provided  by the HALDE,  an anti-discrimination pole  was created attached to each Tribunal de Grande Instance (i.e at first level), composed of a judge and a public prosecutor (délégué) drawn from society at large to head up policy against racism, anti-Semitism and homophobia and to follow appropriate procedures as necessary. The missions of the local anti-discrimination poles are: to organize partnerships with civil society and local government authorities; to develop broad information packages aimed at  influencing public opinion, providers of social services, the education sector and company managers; to improve the quality of legal response (training programmes for public officers, testing operations, assistance with required procedures…)

      Strengthening the partnership with the HALDE, LICRA, SOS-Racisme and LDH, the Ministry of Education launched new initiatives to fight against racism and other related violence and works on the introduction of new "sensitive" (slavery, genocides, etc) topics in school programmes and courses.

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-discrimination
      • Anti-racism
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    • Is there a direct participation of anti-racist, anti-discrimination and victim group organisations in consultation and development, promotion, implementation of anti-racist and anti-discrimination law and/or policies?

      Yes

      Qualitative Info

       

      The International Federation for Human Rights (FIDH for its acronym in French), the League of Human Rights (LDH), the International League against Racism and Anti-Semitism (LICRA), the Movement Against Racism and for Friendship between Peoples (MRAP) and SOS Racism are members of the French National Consultative Commission of Human Rights (CNCDH). The oldest NGOs such as LICRA, the MRAP, the LDH advocated for the adoption of the law of 1972 against racism.

      The Ministry of Education launched new initiatives to fight against racism and other related violence in 2009 such as the strengthening of the partnership with the LICRA, SOS-Racisme and LDH to work on the introduction of new "sensitive" (slavery, genocides, etc.) topics in school programs and curses. In 2011 the convention aiming to fight racism, discrimination and anti Semitisme at school was signed between the Ministry of Education and the LICRA.

       

      Source: 

      Ministry of Education and LICRA, 05.07.2011, Partnership convention, http://media.eduscol.education.fr/file/Valeurs_republicaines/03/9/Convention_LICRA_2011_185039.pdf, Accessed on 07.01.2013

       

       

       

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      • Anti-racism

      External Url http://www.licra.org/fr/licra-et-minist%C3%A8re-leducation-renforce-leur-partenariat

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    • Are there NGOs - other civil society organisations supporting victims of discrimination on the grounds of race, ethnic origin and religion in court?

      Yes

      Qualitative Info

      The International League against Racism and Anti-Semitism engaged as a plaintiff in 89 judiciary complaints in 2009 and 97 in 2008. In 2008, the LICRA obtained convictions in 94% of cases in which the organization was a plaintiff. According to LICRA’s Activities Report, this shows how important it can be that NGOs appear as plaintiffs in significant cases. Without having statistics to prove it, most of the member lawyers of the legal commission of LICRA observed that, when no NGO is involved on the case, only minor sentences are passed by the Court. On the contrary, when NGOs are plaintiffs in racist and anti-Semitic cases, sentences pronounced tend to be rather severe.

      SOS Racisme, a national Non-Governmental Organisation, created in 1984 is also often the plaintiff in discrimination trials. If there are sufficient elements to process the case through court, volunteers ask victims to lodge a complaint about discrimination at the police station as a first step to the procedure. In the meantime, SOS Racism starts a legal procedure, by sending a “simple complaint” to the Prosecutor (written by the association's Vice-president or by a lawyer). Once all proof is consolidated, SOS Racisme brings a joint civil action with the complainant. In case the victim have a direct personal interest (employee, neighbour, lessor, seller or buyer), and can not afford legal assistance, they also advise him/her to get in touch with a network of professionals linked to SOS that accept to be court-appointed lawyers in spite of the weakness of the State aid for legal service they get.

      The volunteers of the Mouvement Contre le Racisme et pour l’Amitié entre les Peuples provide guidance to formulate the complaint, and, if necessary, advise victims to get in touch with a network of practitioners linked to the MRAP that accept to be court-appointed lawyers. If volunteers consider that the case is both “relevant and exemplary”, they propose to the victim that the association brings a joint civil action. This decision is not taken according to the probability of being successful: for example, cases of police violence are extremely rarely sanctioned but the MRAP considers that the support of victims in such affairs is crucial to increase the awareness of the public.

       

      Key socio-economic / Institutional Areas

      • Anti-racism
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  • Policing - Law Enforcement - Justice

    Police and gendarmerie officers are trained to be aware of consequences of discrimination. But there is evidence of police violence against migrants and minorities in custody, especially during deportation procedures, and of ethnic profiling. Prosecutor has the right to require the police to search for illegal aliens in the defined area. Migrants also face problems in accessing justice. There is evidence of differential sentencing of French citizens and foreigners.

  • Employment

    The unemployment rate for immigrants is particularly high for those from Algeria, Morocco, Tunisia and sub-Saharan Africa. Overall immigrants and their descendants receive an average hourly wage lower than the majority population. Public sector jobs are closed to foreign nationals from outside the European Union, with the minor exceptions. Generally, the migrants have to obtain a work permit.

    • Do the trade unions engage in specific activities recruiting or supporting/defending the rights of minority groups?

      Yes

      Qualitative Info

      French Confederation of Christian Workers carries out activities against stigmatization of Roma minorities in the European Union. They called Governments of the Member States of the European Union to develop policies aiming the eradication of poverty, while respecting the Roma minority’s particularities as it is contrary to all values to discriminate ​​a part of the population on the base of their origins, race or religion.

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market
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    • Do the trade unions engage in specific activities recruiting or supporting/defending the rights of migrants groups?

      Yes

      Qualitative Info

      French Democratic Confederation of Labour contributed to adapting the national agreement on diversity in the workplace;   carries out activities against the restrictions in access to work (when there is a condition of nationality or national diplomas) and for legalizing the situation of illegal migrants in order to ensure their right to work.

      General Confederation of Labour - Workers' Force carries out activities for legalizing the situation of illegal migrants in order to ensure their right to work, trainings concerning the discrimination in the workplace.

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market
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  • Housing & Segregation

    Travellers and Roma are the highly segregated groups in France and face especially serious problems in accessing housing of an acceptable quality. Immigrants and their descendants, especially from North Africa, Turkey and sub-Saharan Africa are less likely to own a home, and more likely to occupy social housing, than the majority population. Their applications to rent an apartment are often refused.

    • Is there evidence of significant levels of segregation between migrant groups and the majority population?

      Yes

      Qualitative Info

      Immigrants and their descendants, especially from North Africa, Turkey and sub-Saharan Africa are less likely to own a home, and more likely to occupy social housing, than the majority population. Roma migrants are today particular vulnerable group amongst French society, exposed to the danger of suffering violations of their rights in the housing area.

      Groups affected/interested

      • Migrants
      • Roma & Travelers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing

      External Url http://teo.site.ined.fr/

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    • What is the ethnic origin of the highly segregated migrant group?

      Roma migrants

       

      Qualitative Info

      Roma migrants are today a particularly vulnerable group amongst French society, exposed to the danger of violation of their most fundamental rights, primarily in the housing field.

      On the 28th of July 2010 French authorities announced the dismantling of 300 illegal encampments.  Following this plan 441 illegal encampments (most of them were Roma encampments) had been dismantled since the beginning of August 2010. After elections in 2012 dismantling camps and offering free flights and financial incentives for Roma to return to their countries of origin continue. Though, at the end of August 2012, the government published a circular on “evacuation of illegal camps: anticipation and attendant measures”. The circular stipulates that clearances would only be carried out on the basis of court orders and ideally with a plan for alternative accommodation having been established first.

       

      Source:

      • Circulaire interministérielle relative à l’anticipation et à l’accompagnement des opérations d’évacuation des campements illicites (Interministerial circular on evacuation of illegal camps: anticipation and attendant measures), 26.08.2012, http://www.gisti.org/IMG/pdf/norintk1233053c.pdf, Accessed on 19.12.2012

       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
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    • Is there evidence of significant levels of segregation between minority groups and the majority population?

      Yes

      Qualitative Info

      There is a significant level of segregation between French Travelers' minority group and the majority population.

      Two legislative texts from 31 May 1990 for the implementation of the right to housing and from 5 July 2000 on the reception and housing of Travellers, known as ‘Besson Laws 1 and 2’ create an obligation for towns and cities with more than 5,000 inhabitants (following an evaluation of the needs) to make halting sites available. In return, such towns and cities may forbid Travellers to park on the rest of the council territory. It appears that, almost 20 years after their coming into force, the effectiveness of these laws remains in fact very relative: Travellers are faced with a great lack of spaces on halting sites and evictions have been made easier since the home security law of 13 March 2003. As a result, a high proportion of Travellers are forced to travel and settle on unregulated encampments. Spaces to park in halting sites which have been found for Travellers are most often located in segregated areas, meeting only very partially the minimum living standards (e.g. access to water, electricity, sanitation). These are sometimes built like enclosures with high walls and managed very differently depending on location, which implies differences in daily costs, leading to a discriminatory situation particularly detrimental for such poor populations. Due to difficulties in parking on regulated halting sites, a high number of Travellers live in unregulated encampments with no access to the minimum basic services for leading a decent life. For Travellers who settle permanently on their own sites, access to water and electricity is only ever granted temporarily, and there is a constant risk of having this access suspended. Travellers live in a permanently insecure environment due to the threat of eviction. Travellers are excluded from social inclusion processes, and are marginalised in society with an increasingly high number of other social outcasts.

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing

      External Url http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000159413&fastPos=1&fastReqId=1026378303&categorieLien=cid&oldAction=rechTexte; http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000583573&fastPos=1&fastReqId=1064480752&c...

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    • What is the ethnic origin of the highly segregated minority group?

      Travellers

      Group Travellers

      Qualitative Info

      Travellers is the highly segregated minority group. Most of them are French citizens but identify themselves historically or through family as Gypsies, Roma, Manouche, Sinti, Kalé or Yéniche. France designates the "Traveller" community by its mode of living and does not recognise the existence on its territory of minorities as holders of collective rights that are enforceable under its legal system.

       

       

       

       

       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing
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    • Is there evidence of denial of housing/housing rights for certain ethnic groups?

      Yes

      Qualitative Info

       

      In 2012 dismantling camps and offering free flights and financial incentives for Roma to return to their countries of origin continue. Though, at the end of August 2012, the government published a circular on “evacuation of illegal camps: anticipation and attendant measures”. The circular stipulates that clearances would only be carried out on the basis of court orders and ideally with a plan for alternative accommodation having been established first.

       

      Source:

      • Circulaire interministérielle relative à l’anticipation et à l’accompagnement des opérations d’évacuation des campements illicites (Interministerial circular on evacuation of illegal camps: anticipation and attendant measures), 26.08.2012, http://www.gisti.org/IMG/pdf/norintk1233053c.pdf, Accessed on 19.12.2012

       

      Groups affected/interested

      • Roma & Travelers

      Type (R/D)

      • Anti-roma/zinghanophobia

      Key socio-economic / Institutional Areas

      • Housing

      External Url http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/France/FRA-CbC-IV-2010-016-ENG.pdf

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  • Education

    Travellers and Roma continue to encounter many difficulties, and even refusals, when they seek to enroll their children in school.  In primary and secondary schools migrant newly arrived children can benefit from introductory classes to give students intensive courses in French tailored to their needs, or from integrated remedial course. The Ministry of education program aiming to improve the school climate and to favor equal opportunities is carried out.

  • Health And Social Protection

    The differences between the majority population and immigrants are mainly due to the latter’s less favorable social and living conditions. The health situation of Roma seems to have deteriorated. The Finance Act 2011 provides for a restriction on conditions for access for illegal aliens to State Medical Assistance. Foreigners or people of foreign origin constitute an important part among the beneficiaries of the Universal health care coverage which covers residents with low income.

  • Public Life, Culture, Sport & Media

    French legislation doesn’t contain any restrictions concerning the right of foreigners to form associations or participate in public meetings. But the law banning the wearing of full-face veil in public that targets Muslims as a religious minority, was recently adopted. According to the law, public radios and TV channels have to contribute to the expression of regional languages. Racist incidents are not often in most sports, except for football

    • Media: Is there a visible presence (or absence) of members of target groups as media professionals?

      Measures promoting diversity in the media varies from one media to another but they can generally be termed as insufficient.

      Qualitative Info

       Measures promoting diversity in the media varies from one media to another but they can generally be termed as insufficient. The only visible presence of migrants in the media is in the form of being the members of a target group in TV programs.

      Groups affected/interested

      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Media

      External Url http://www.clubaverroes.com/; http://www.csa.fr/var/ezflow_site/storage/csa/rapport2010/summary/intro.htm

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    • Media: Frequency and relevance of hate speech incidents in public life (and media) and media representations against migrants and minorities?

      The various debates took place during the presidential and legislative campaigns in 2012 on halal food, minarets, burqas, secularism, national identity, immigration, and prayers in the streets. The debates tended to raise Muslims as problematic for France.

      Qualitative Info

       

      The various debates took place during the presidential and legislative campaigns in 2012 on halal food, minarets, burqas, secularism, national identity, immigration, and prayers in the streets. The debates tended to raise Muslims as problematic for France.

      For example, on 4 February 2012, the Minister for the Interior Claude Guéant said during the National University Union’s seminar that “the cultures are not equal. Those who defend humanity seem more advanced than those who deny it, those who advocate freedom, equality and fraternity, seem superior to those who accept the tyranny, social or ethnic hatred”. This phrase provoked a reaction of the deputy Serge Letchimy who told Claude Gueant: "You bring us day after day to these European ideologies that gave rise to concentration camps".

       

      Source:

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Media
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    • Sport: Racism, racist violence and hate speech in sporting venues (and reporting and policing thereof)?

      Football is, in France, an area where expressions of racism are important. French football was especially “shaken up” by several racist incidents in February and March 2008.

      Qualitative Info

      Football is, in France, an area where expressions of racism are important. French football was especially “shaked up” by several racist incidents in February and March 2008 (on February 16, during the match Metz-Valenciennes (L1), the Moroccan player Ouaddou was victim of racist insults from a supporter of the Metz team; on February 22, before the beginning of the match Bastia-Libourne (L2), the supporters of Bastia deployed racist banner, against a player of Libourne (Boubacar Kebé, who is from Burkina-Faso), who had been excluded from the preceding match because he had gave the Bastia supporters - who uttered racist insults to him - the finger; on February 23, after the match Lyon-Metz (L1), several supporters of Metz had racists beheviors (racist insults, nazi salutes…); on March 29 supporters of the Paris-Saint-Germain (PSG) deployed a very large banner “Pédophiles, chômeurs, consanguins : bienvenue chez les Ch’tis” , etc

      Key socio-economic / Institutional Areas

      • Sport
      • Anti-racism
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    • Sport: Is hate speech ground for sanctions to sport clubs and applied/applicable in practice?

      Yes

      Qualitative Info

      Hate speech as a ground for imposing sanctions to sport clubs is applied in practice. Here are some examples:

      - Friday February 22, before the beginning of the match Bastia-Libourne (L2), the supporters of Bastia deployed racist banner, against a player of Libourne (Boubacar Kebé, who is from Burkina-Faso), who had been excluded from the preceding match because he had given the Bastia supporters - who uttered racist insults to him - the finger. The Professional Football League (LFP) decided to sportingly sanction the Bastia Sporting Club by withdrawing a point from it (sanction confirmed in appeal and by the French National Olympic and Sporting Committee). It is a decision without precedent in France;

      - Saturday February 23, after the match Lyon-Metz (L1), several supporters of Metz demonstrated racist beheviour (racist insults, nazi salutes…). Because of these incidents, and because of the previous one in Valenciennes, the LFP decided to withdraw from the Football Club of Metz a point and the impose an obligation to play the next match behind closed doors;

      - Saturday March 29, during the League Cup Final Lens-Paris, some supporters of the Paris-Saint-Germain (PSG) deployed a very large banner “Pédophiles, chômeurs, consanguins : bienvenue chez les Ch’tis” (“Paedophiles, unemployed, consanguineous: welcome at Ch' tis” – the banner made a reference to a very famous film in France “Bienvenue chez les Ch’tis”, which is about the people living in the North of France, and who are called “Ch’tis”). This xenophobic banner caused a very sharp emotion in France and many reactions. On April 17, 2008 the Minister of Interior dissolved the PSG supporter club “Les Boulogne Boys”, under the terms of the law 2006-784, and on April 30, 2008 the LFP condemned the PSG by excluding it from the League Cup in 2008-2009.

      Key socio-economic / Institutional Areas

      • Sport
      • Anti-racism
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