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France Court of Cassation (Cour de cassation) 2019 France / Court of Cassation/18-85306/ECLI:FR:CCASS:2019:CR01531 Race/Ethnicity Muslims The Public Prosecutor summoned historian Mr. N., editor-in-chief of the Revue d'histoire de la Shoah (Holocaust History Journal), and editorial manager of the Holocaust Memorial and guest on the programme 'Répliques' (Replies) on 10 October 2015, to appear before the criminal court on charges of incitement to discrimination, hatred or violence against a person or group of persons on account of their origin or their membership or non-membership of a particular ethnic group, nation… View more
France Court of Cassation (Cour de cassation) 2019 France / Court of Cassation/19-81631/ECLI:FR:CCASS:2019:CR01817 Religion Muslims On 13 September 2016, an article was put on line on the site saintnazairebleumarine.fr., entitled ‘The alarming sacrifice of Eid al-Adha (Aïd el-Kébir) in a Saint-Nazaire sports hall’ containing the following, ‘we learn that the Council grants organizational facilities through lending of rooms to associations responsible for such practices. The sports halls of our municipality are places for development at the service of sport, public health and our youth. They are not theatres of agony and… View more
France Public Defender of Rights 2018 France / Public Defender of Rights/2018-303 Religion Muslims A woman was denied access to a swimming pool managed by a private company as part of a public service contract because she was wearing the burkini. The internal regulations applicable at the time of the events did not provide for anything with regard to burkinis and were subsequently amended to prohibit diving suits except in the context of associations. The establishment concerned justifies the refusal of the burkini on health and safety grounds. However, it admits that associations may… View more
France Public Defender of Rights 2018 France / Public Defender of Rights/2018-287 Religion Muslims A complaint was lodged with the Public Defender of Rights concerning the refusal of mandatory training for nursery assistants for a Muslim woman wearing a headscarf. The internal regulations of the private school where the training takes place stipulate that 'nursery assistant' trainees undertake to respect 'the duty of reserve and discretion allowing the group to express itself freely' and exercise their 'right to freedom of expression and thought with respect for… View more
France Public Defender of Rights 2018 France / Public Defender of Rights/018-289 Religion Muslims The Public Defender of Rights received a complaint from a Muslim woman who had been offered a job, which did not involve customer contact, upon the condition that she removes her headscarf. The internal regulations then in force in the company provided for a neutrality clause applicable to all employees of the company, including those without contact with customers, which therefore prohibited them from wearing religious symbols. The Claimant had to relinquish the job in question. View more
France Court of Cassation 2018 France / Court of Cassation/ECLI:FR:CCASS:2018:CR03270 Religion Muslims Mr B., a journalist and essayist, was summoned to appear before the criminal court for having made anti-Muslim remarks to Mr Stefano A, an Italian journalist, during an interview (in French, translated into Italian) in Paris on 30 October 2014 with the Italian daily newspaper Corriere Della Serra, published in the country and broadcast on the internet. He said: "Muslims have their civil code, it's the Koran, they live among themselves in the peripheries, the French have been forced to… View more
France Court of Cassation 2018 France / Court of Cassation/ECLI:FR:CCASS:2018:CR01309 Religion, Race/Ethnicity Muslims Mr. Y. was summoned to appear before the criminal court on the charge of provocation of racial discrimination against the Muslim community. This was following statements published on a website, which he is the director of publication for, under the title, "What if Islam were the cult of sexual and moral perversion?". The judges of first instance convicted him on this count. The Court of Appeal upheld their decision. View more
France Court of Cassation 2017 France / Court of Cassation/ECLI:FR:CCASS:2017:SO02484 Religion Muslims Ms. Y. a design engineer, was dismissed for misconduct for refusing to remove her Islamic headscarf when she worked in the company's corporate clients' offices. The employee brought an action before the labour court challenging her dismissal and claiming that it constituted a discriminatory measure on the grounds of her religious beliefs. The Paris Court of Appeal said that her dismissal was based on real and serious grounds. View more
France Court of Justice (Grand Chamber) 2017 CJEU - C-188/15 / Judgement / Asma Bougnaoui v. Micropole SA Religion Muslims The case concerns the Micropole Univers SA's (‘Micropole’) dismissal of Ms Bougnaoui because of her refusal to remove her Islamic headscarf when she was sent on assignment. Ms Bougnaoui considered the dismissal to be discriminatory. The Tribunal ordered Micropole to pay compensation in respect of her period of notice because it had failed to indicate in its letter of dismissal the gravity of Ms Bougnaoui’s alleged misconduct, and dismissed the remainder of the action on the ground that the… View more
France Court of cassation (Cour de cassation) 2017 France / Court of cassation / Decision No. 15-87415

ECLI:FR:CCASS:2017:CR00492
Religion Muslims Following the publication, on 1 March 2013, on the site www.bvoltaire. com of a text entitled 'What do we do with Muslims once the Koran has been banned?', the public ministry ordered Mr. X., director of website, and Mr Z., author of the text, to appear directly before the criminal court, on the grounds of incitement to discrimination, hatred or violence towards a group of people because of their origin or their membership of an ethnic group, a race, a religion or a given nation, and… View more
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