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Legislation Impacting Anti-Discrimination and Anti-Radicalisation Efforts

Legislation Impacting Anti-Discrimination and Anti-Radicalisation Efforts The Criminal Code of the French Republic.

France is the homeland of human rights, a country where the most popular anti-discrimination and anti-racial laws were born and implemented. At the same time, France is among the few countries in the world, which do not admit having ethnical minorities, hence, do not acknowledge their special rights, which would differ from “classic” human rights.

Ethnic identity, as well as ethnical self-identification of native French minorities is excluded from the political lexicon. Moreover, the existence of minorities is not acknowledged.

Because of this The Republic of France has not yet joined the Framework Convention for the Protection of National Minorities, although its argumentation in this case is more anti-racist than not. The French have found it unnecessary and even consider it is breaching the principles of equality, unity and freedom. French politicians like to repeat that all French citizens are French regardless of skin colour, religious beliefs and origin.

In France, government funding of religious Muslim schools is practically non-existent, which practically brings religious Muslim education, which still exists in one form or another, away from the government’s control. Therefore, the majority of religious organizations of immigrants, many of whom are Muslim and do not have historical ties to the community, do not possess rights to government funding.

In May 2001, the Abou-Picard Act (based on the names of initiators) has been passed in order to combat religious “sects”. Its goal is to dissolve religious groups, which have been constantly accused of acts of crime. This law had a very critical reception. Catholic and Reformist churches of the country have stood up against it.

They noted that the law can be used against some cult practices of traditional religions.

French legislation does not consider crimes that were committed on the basis of prejudice against the disabled and migrants to be hate crimes.

Article 78-2 of the Criminal Procedural Code concerning document checks provides law enforcement with extensive authority to stop any person for identity checks without any reasonable grounds for suspicion. Paragraph 3 of the article allows for identity checks in order to “prevent disruption of public order or crime against individuals or property” . Essentially, this law provides ground for abuse and racial profiling.

Discrimination of nomads is also a common problem. They are required to receive special permission to nomadism, which must be renewed every year (before 2012, it was every three months). Failure to comply with this requirement results in a fine of 1500 euros. At the same time, their proportion in a municipality must not exceed 3% . Nomads are deprived of electoral rights if they are not tied to a particular municipality. If they relocate, nomads get the right to vote after three years of living in one place.

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