French legislation against racism and discrimination

Abstract

Abstract France is party to the International Convention Against All Forms of Racial Discrimination, which came into force on 27 August 1971. The legislation is carried further with the Act of 1 July 1972, and with amendments to the Criminal Code. Among the discriminatory actions which may give rise to prosecution and conviction are defamation and insults; incitement to racial discrimination; justification of war crimes and crimes against humanity; refusal of goods or services; dismissal or refusal of employment and economic boycott. The article provides an overview of the relevant legislation and comments on its effectiveness. Records have recently become available which show that the total number of convictions for racism cases in 1991 was 101. The point is made that while criminal sanctions can be highly effective in cases of specific racist acts, they are less well suited to dealing with broader social phenomena. In conclusion, the article discusses the potential problems involved in a harmonisation of European legislation in this area.