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 […]
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 […]
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 […]
CFA and Religious Symbols
Sarah wishes to undertake vocational training at an apprenticeship training center (CFA). 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 state: ‘in application of the principle […]
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 […]
School Cafeteria and Meat Consumption
At the beginning of the school year, we receive many reports concerning the pressure that would be exerted on children to force them to consume meat, sometimes pork, which is served to them in the school cafeteria. The arguments presented to justify this constraint are: Nutritional balance; Taste; Secularism. The parents who contact us are […]
Driving School and Driver’s License
At the driving school or on the day of the driver’s license test, the instructor/examiner asks me to remove my headscarf. Is this allowed? NO Religious freedom can only be restricted, in a proportionate manner, for legitimate reasons such as safety. In this case, wearing a headscarf does not pose a safety risk. The law […]
Airport and Religious Symbols
At the airport, I am asked to remove my headscarf for a security check at the security gate, in the presence of all travelers. Do they have the right to do this? NO Systematic removal when the security gate does not sound an alarm is illegal. The obligation of neutrality applies only to public service […]
