Enrollment in Private Higher Education
Upon her enrollment in a private higher education institution, Nawel is informed that it is conditional on removing her headscarf, in application of the principle of secularism. Private higher education encompasses institutions with very diverse statuses: private high schools offering higher technical sections (STS) or preparatory classes for grandes écoles (CPGE); non-profit organizations, governed by […]
Online Hate
What does the law say? What is Hateful Content? Although freedom of expression is a precious fundamental freedom (Cons. const. 11 Oct. 1984, Press Companies, No. 84-181 DC), the legislature has come to punish abuses of the exercise of this freedom. These abuses are common on the Internet and are found in what is called […]
Police Custody
Sofiane, a high school student, was placed in police custody for not respecting the minute of silence organized by his school. His mother wonders what risks he faces, what will happen, and what his rights are. What is police custody? Police custody is a coercive measure decided by a judicial police officer, either on their […]
The Journey of a Complaint
The criminal procedure in France takes place in several stages: Filing of the complaint Judicial investigation Hearing (trial) The police investigation The filing of a simple complaint initiates an investigation entrusted to the judicial police, which must verify the existence of an offense. If the complaint has been filed at the police station or gendarmerie, […]
Incitement to Hatred, Violence, and Discrimination
What does the law say? It is necessary to distinguish between incitement to hatred, discrimination, and violence from insult and defamation. Incitement to hatred is the act of encouraging others, through speeches, writings, or any other means, to express hatred, violence, or discrimination against certain people because of, for example, their religion. There is a […]
Fasting and Work
Ayoub fasts during the month of Ramadan. Instead of going to lunch with his colleagues as he does the rest of the year, he uses his lunch break to rest in his office. His employer criticizes him for isolating himself and no longer participating in company lunches. Can Ayoub be criticized for fasting? What does […]
Parental Authority
What is Parental Authority? Although minors have legal personality, they do not have the capacity to exercise their rights. Thus, they must not only be protected but also represented. The LAW No. 2002-305 of March 4, 2002, regarding parental authority establishes the framework for the principle of exercising parental authority by parents. The concept of […]
The Mediator for National Education and Higher Education
Mediation is organized by the Education Code (Article L23-10-1 and Articles D222-37 to D222-42-1). The Mediator for National Education and Higher Education is a senior official responsible for ensuring mediation functions within the public education system. They are an independent and impartial interlocutor. Who can refer to the mediator? You can refer to the mediator […]
The Right of Reply
What does the law say? The right of reply allows a person named or designated in a public communication (written press, radio, television) to make their point of view known via the same communication medium. The right of reply is a general and absolute principle (Court of Cassation civ. 1, June 27, 2018, n°17-21.823). There […]
Prayer
Aziz, who juggles many activities, wishes to perform his prayers on time. He is sometimes forced to pray outdoors or at work and wonders if this is legal. Similarly, he wonders if his children can pray at school or university. What does the law say? 1. Praying in public spaces In France, the Declaration of […]
