Slanderous Denunciation
What Does the Law Say? Slanderous denunciation constitutes an offense that infringes on personality It is defined by the Criminal Code: “The denunciation, made by any means and directed against a specific person, of a fact that is likely to lead to judicial, administrative or disciplinary sanctions and that one knows to be totally or […]
Direct Discrimination
What is discrimination? The general normative framework for discrimination is set by Article 1 of Law No. 2008-496 of May 27, 2008, on various provisions for adaptation to Community law in the field of anti-discrimination (amended by Law No. 2017-256 of February 28, 2017). The definition is detailed in the Penal Code, in Articles 225-1 […]
Time Limits for Appealing a Decision of the Administrative Court
When an initial decision has been rendered by an administrative court, it can, under certain conditions, be contested. The case is then re-examined and re-judged by an administrative court of appeal. The appeal procedure is thus based on the existence of different levels of jurisdiction. An appeal is possible when the decision specifies that it […]
Time Limits for Appealing a Judgment Rendered by a Criminal Court
When an initial decision has been rendered by a criminal court, it can, under certain conditions, be challenged. The case is then re-examined and re-judged by a court of appeal. The appeal procedure is thus based on the existence of different levels of jurisdiction. An appeal is possible when the decision specifies that it is […]
How to Prove I Am a Victim?
While commuting to work on public transport, Imane is confronted by an individual who hurls racial insults and threats at her. She remains shocked but is unsure how to react to this situation. How can she prove her victim status? To have one’s victim status legally recognized, it is necessary to prove the existence of […]
File a Complaint
What is Filing a Complaint? Filing a complaint allows a victim to inform the justice system that an offense has been committed. The facts in question must be criminalized by a text that provides for a criminal penalty. Filing a complaint is therefore unnecessary when disputes are purely civil or administrative. If the victim does […]
Training Centers and Religious Symbols
Sarah wishes to undertake professional training at a training organization. Her application was accepted, but when she arrives at the reception, she is approached by the director who informs her that she cannot join the training while wearing a headscarf. The director cites the internal regulations which include the following statement: ‘in application of the […]
Defamation
What does the law say? Defamation is governed by the law of July 29, 1881 on press freedom, which penalizes press offenses and applies to all communication media, including the internet. Defamation is the allegation or imputation of a fact that damages the honor or reputation of a person, even if the allegation is made […]
Civil Party Constitution
What is a civil party constitution? Becoming a civil party allows you to become a party to a criminal trial in order to obtain compensation (damages) from the perpetrator of the acts. Example: an association that fights against discrimination can, under certain conditions, become a civil party to support one or several victims and request […]
Absences on Religious Holidays – Eid
Can you be absent on Eid day as a civil servant, private sector employee, or public school student? What are your rights? What does the law say? 1/ You are a civil servant: If you are a civil servant or similar, Circular No. MFPF1202144C of February 10, 2012, regarding leave of absence that may be […]