France: Constitution of the French Republic
This is the full text of the Constitution of the French Republic, enacted by France. It was adopted on 4 October 1958 and has been in force since 4 October 1958.
This is the full text of the Constitution of the French Republic, enacted by France. It was adopted on 4 October 1958 and has been in force since 4 October 1958.
This is the case summary of the French Court of Cassation decision in Case No. 03-45.269.
This is the case summary of the French Court of Cassation decision in case No. 01-00.519.
Article 1(1) defines discrimination to include "(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; (b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers
This declaration requires states to protect the existence and identities of minorities. It also calls upon states to encourage the promotion of national or ethnic, cultural, religious and linguistic identities. Under Article 2(1) of this declaration, minorities shall have the right to practice their religion, enjoy their culture and use their own language in both public and private settings without any kind of discrimination.
This recommendation calls on member states to adopt legislation and policies to combat discrimination against Muslims in employment, education, access to citizenship and worship. It specifically recommends that "curricula in schools and higher education... not base their portrayal of Islam on perceptions of hostility and menace."
The Comment addresses the right to freedom of thought, conscience, and religion as guaranteed by Article 18 of the International Covenant on Civil and Political Rights. This right is protected equally without any priorities. Notably, the Comment construes "religion" and "belief" broadly, as Article 18 applies to theistic, non-atheistic, and atheistic beliefs. An individual must be able to replace military service with alternative service if the former is inconsistent with his or her religion or beliefs.
This directive prohibits employment discrimination on the grounds of religion or belief, disability, age or sexual orientation. Article 2 prohibits both direct and indirect discrimination and defines harassment as amounting to discrimination. Articles 4-6 provide for exceptions to the principle of equal treatment. Other key provisions of the directive include shifting of the burden of proof and the prohibition of victimisation.
The Comment discusses the procedure by which States Parties may express reservations to the International Covenant on Civil and Political Rights. Reservations made by States Parties that are discriminatory will not be accepted. States cannot reserve the right to practice slavery, torture, the execution of pregnant women and children, or the advocacy of national, racial or religious hatred; nor may they reserve the right to restrict the rights of minorities to maintain their culture or to restrict freedom of religion.
The Comment discusses the responsibility of States Parties to ensure every citizen's rights to participate in public affairs, have access to public services, vote and be elected with no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 25 of the International Covenant on Civil and Political Rights gives people the right to determine their political status and form of government freely.