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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 United Nations Committee on the Elimination of Racial Discrimination
2022 France / UN Committee on the Elimination of Racial Discrimination (CERD) / Concluding observations on the combined twenty-second and twenty-third periodic report of France / CERD/C/FRA/CO/22-23
Race/Ethnicity Muslims The observations relate to France's policies and their impact on racial discrimination. Specifically, for counter-terrorism, they involve two recent laws: Law No. 2021-646 of 25 May 2021 for global security preserving freedoms and Law No. 2021-1109 of 24 August 2021 strengthening the respect of the principles of the Republic. These laws provide in particular for reinforced monitoring of religious associations, which, to benefit from a public subsidy, are required to undertake to adhere to… View more
France Public Defender of Rights 2019 France / Public Defender of rights/n°2019-201 Religion Muslims Ms. X was authorised to occupy a stand at the Christmas market which was held from 30 November to 9 December 2018 in the municipality of Z. However, at the end of the day on 30 November, the mayor of municipality Z ordered Ms X to leave her stand on the grounds that she was wearing a veil. The mayor of the municipality rejected Ms. X's appeal, drawing her attention to the need for those involved in the organisation of a municipal event to respect the principles of secularism and neutrality. View more
France Public Defender of Rights 2019 France / Public Defender of rights/n°2019-148 Religion Muslims Public hospitals provide inpatients in their care facilities with meals for the duration of their stay. 'Y' hospitals allow patients who wish to do so to receive substitute pork-free, alcohol-free, vegetarian, or kosher meals, the distribution for which a public contract has been concluded. However, it was brought to the attention of the Public Defender of Rights that Y does not offer its patients the opportunity to request halal meals. Mr. X, considering that the lack of distribution… View more
France Public Defender of Rights 2019 France / Public Defender of rights/n°2019-119 Religion Muslims The Public Defender of Rights was referred to by a contracted teaching assistant who worked at a high school and who contested the alleged breach of the duty of neutrality used to justify the disciplinary proceedings against him. The disciplinary procedure was based on the following: refusing to greet or say farewell to female colleagues with a kiss on the cheek, speaking Arabic to pupils, praying on the school premises. 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 Public Defender of Rights (Défenseur des droits)
2021 France / Public Defender of Rights / Decision No. 2021-192 Religion Muslims The decision related to a public servant who, having passed an internal competitive examination, was denied appointment to the corresponding position by management. The plaintiff considered this decision to be discriminatory as being based on his Muslim religion, the management having previously reproached him for wearing a beard as well as holding the Koran and books on Islam. After an internal investigation concluded that there was "no evidence of radicalization or dangerousness"… 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
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