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Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?

Key Area:
Anti-discrimination Legislation & Implementation
Discrimination, Equality
21/12/2011 - 11:34
Short Answer


Qualitative Info

The Law of November 16, 2001 gives the possibility to representative unions and NGOs existing for over 5 years to intervene in the action of any apprentice, trainee, employment candidate or employee who alleges to have been a victim of discrimination. When the discrimination is perpetrated against individual persons, the NGO or the trade union will be able to pursue the action only if it secures the written consent of these persons when the action arises from the application of article L123-1 LC, of article 6 of the Law n°83-634 of July 13, 1983 on the rights and obligations of civil servants. If the victim is a minor, a written consent of his or her responsible parent or tutor is required.

In case of discrimination in housing, the Law of January, 17, 2002 extends the right of action of NGOs to collective and individual recourses.

The Law on the Press of July 29, 1881 provides for the action of NGOs defending the rights of victims of racial discrimination that can establish an existence of five years, in matters of provocation to discrimination, incitement to hatred and violence, and defamation.

The Penal Code foresees the possibility of NGOs combating discrimination on the ground of origin, race, religion, sex, mores, health, disability to become a civil party to penal actions. In all cases the organisation must have been regularly declared for over five years and must obtain the consent of the victim which it represents.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Ethnic minorities, Religious minorities, Linguistic minorities, Lesbian, Gay, Bisexual and Transgender, Persons with disability
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-roma/zinghanophobia, Religious intolerance, Homophobia, On grounds of disability, On grounds of other belief
Key socio-economic / Institutional Areas Anti-discrimination
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