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France Court of cassation (Cour de cassation) 2013 France / Court of cassation / Decision No. 12-84790

ECLI:FR:CCASS:2013:CR03515
Race/Ethnicity Migrants On 20 September 2009, Mr. Z. and Mr. A. committed a violent assault on Mr. X, leading to his incapacity to work for over eight days. The investigating judge, after having charged the perpetrators with the offence of aggravated violence, in particular because of the membership of Mr. X . of a particular race, finally ordered them to be sent before the criminal court without retaining the aggravating circumstance. Mr. X. appealed this decision. The pre-trial chamber of the Toulouse Court of… View more
France International Covenant on Civil and Political R ights 2013 UN International Covenant on Civil and Political Rights / Communication No. 1928/2010 / Mann Singh v. France Religion EU citizens & nationals with migrant background The case relates to the right of freedom of religion. On 8 December 2005 M.S. attempted to renew his passport for the fourth time and submitted a photograph showing him wearing his turban. However, the institution rejected his application, stating that the photograph was not in conformity with the provisions of the law. M.S. maintains that he has been a victim of a violation of his right to manifest his religion or belief. The HRC observed that prohibiting a Sikh to wear a turban on the… View more
France Paris Court of appeal (Cour d'appel de Paris) 2013 France / Paris Court of appeal , Ordinance Religion Migrants The Paris Court (TGI) ordered the company Twitter to communicate to plaintiffs the data in its possession in order to allow them to identify whoever contributed to the creation of clearly unlawful tweets. It also ordered Twitter to set up an easily accessible and visible device allowing any person to bring to their attention any illegal content classed as condoning crimes against humanity and inciting racial hatred. Twitter appealed this decision. One of the plaintiffs, the Union of Jewish… View more
France European Court of Human Rights– Grand Chamber 2014 ECtHR / Application no. 43835/11 / S.A.S v. France Religion Muslims The case concerned a law from 2010 which states that concealing the face in public arises from radicalisation and extremism, rather than from religious practices and is therefore prohibited. S.A.S., a Muslim French national, challenged the ban on the basis that it infringed her rights. She asserted that she was not coerced into wearing the burqa and that, although she did not do so 'systematically', her rights under the Convention afforded her the protection to wear them as she… View more
France European Court of Human Rights– Grand Chamber 2015 ECtHR / Application no. 64846/11 / Ebrahimian v. France Religion Muslims The case concerned the decision not to renew the employment contract of a hospital social worker because of her refusal to stop wearing the Muslim veil. Christiane Ebrahimian was recruited on a fixed-term contract within the public hospital service. The Director of Human Resources informed the employee that her contract would not be renewed, on account of her refusal to remove her headgear and following complaints from patients. The Administrative Court found that the decision not to renew… View more
France Court of cassation (Cour de cassation) 2016 France / Court of cassation / Decision No. 15-83619

ECLI:FR:CCASS:2017:CR00492
Nationality Migrants On 30 March 2014, in Montbéliard, at the end of the second round of the local elections, at a private evening which took place at the headquarters of the socialist party in the presence of about fifty people, Mr. X., lead candidate and outgoing mayor, who was not re-elected, on several occasions called Mr. Ulker Z., one of his opponents, as "Turkish filth". Due to these comments the latter took Mr. X. before the police court on the grounds of non-public racial insult. The court… View more
France Court of cassation (Cour de cassation) 2016 France / Court of cassation / Decision No. 15-83070

ECLI:FR:CCASS:2013:CR03515
Religion Muslims Upon the request of the public ministry, Mr. X. was ordered to appear before the criminal court because of the remarks he made on 18 December 2010 at a public meeting called 'International meetings on the Islamization of our countries'. The criminal court found him guilty of the offence of inciting discrimination, hatred or violence towards a group of people on the grounds of their membership of a given religion. The ruling of the Court of Appeal upheld this judgement on 9 April 2015… View more
France Public Defender of Rights (Défenseur des droits) 2016 France / Public Defender of Rights / Decision no. MDE-ML-MSP-2016-292 Race/Ethnicity Migrants The Public Defender of Rights was referred to in December 2015 by associations on the situation of families and children of Comorian origin who had been evicted from their residences, because of their origin, by collectives of villagers, in two villages dependent on the Commune of A. in Mayotte. The police present at the time of these actions prevented neither the destruction of the dwellings nor expulsions of the people. View more
France Bobigny Court (Tribunal de grande instance de Bobigny) 2016 France / Bobigny Court / Criminal judgment Nationality Third country nationals Ms. Zhang was followed by three people and was struck on the head; she fell to the ground and her bag was stolen from her. One of the perpetrators punched her brother-in-law in the left eye. View more
France Court of cassation (Cour de cassation) 2016 France / Court of cassation / Decision No. 15-25.873

ECLI:FR:CCASS:2016:C101245
Race/Ethnicity Muslims Pursuant to the requests of the public prosecutor, the police services carried out an identity check on Mr. X. which led to no legal or administrative proceedings. Citing failings of the public justice service resulting in the discriminatory nature of the identity check on grounds of his origin, his physical appearance or his membership of an ethnic group, Mr. X. filed legal proceedings against the State legal authority claiming compensation for non-material damages. The Paris Court of Appeal… View more
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