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Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?

Key Area:
Anti-discrimination Legislation & Implementation
Discrimination, Equality
21/12/2011 - 17:20
Short Answer


Qualitative Info

The general principle in French civil law is to remedy the harm inflicted by the award of compensatory pecuniary damages, indemnifying the financial and moral damage, without further pecuniary sanction or punitive damages. The Labour Code allows the retroactive indemnity (financial compensation of the loss in wages for the entire period of discrimination). The Court of Cassation has many times ordered the reinstatement of the carreer of the employee with retroactive indemnification, the ensuing cost to the employer being substantial. However, other recourses in matters of housing or non salaried employees do not benefit from this possibility and the remedy is still limited to damages. There is no statutary upper limit but the French legal practice is still very conservative in calculating pecuniary loss, and amounts awarded remain rather low.

Before the administrative tribunal, two recourses are available: one for excess of power to annul the decision challenged or the full jurisdiction recourse, in order to obtain not only annulment of the decision but damages as well.

Groups affected/interested Migrants, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Persons with disability
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, On grounds of disability
Key socio-economic / Institutional Areas
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