Legal criteria for discrimination
Article 225-1 of the Penal Code - Article l.1132-1 of the Labour Code
sex // age // disability // loss of autonomy // trade union activities // origin // sexual orientation // gender identity // family status // pregnancy status // health status // physical appearance // political opinions // morals // surname // genetic characteristics // place of residence // bank address // ability to express oneself in a language other than French // vulnerability resulting from the perpetrator's apparent or known economic situation // membership or non-membership, real or assumed membership of :- an ethnic group - an alleged race - a nation - a specific religion
Legal summary
Rape
Act of sexual penetration of any kind, committed by violence, coercion, threat or surprise (art 222-23 of the Penal Code).
Penalties incurred: 15 years of criminal imprisonment (20 years in case of aggravating circumstances)
Sexual assault
Any sexual assault committed with violence, coercion, threat or surprise on 5 defined areas: buttocks, sex, breasts, mouth, between the thighs (art. 222-22 of the Penal Code).
Penalties incurred: 5 years' imprisonment and a €75,000 fine (10 years' imprisonment and a €150,000 fine in the event of aggravating circumstances)
"He put a hand on her buttocks."
Sexual harassment
Repeated comments or behaviour with a sexual connotation which either undermine the victim's dignity because of their degrading or humiliating nature, or create an intimidating, hostile or offensive situation for the victim (art. 6 ter of Law No. 83-634 of 13 July 1983 / art. L 1153-1 of the Labour Code / art. 222-33 of the Criminal Code).
Penalties incurred: 2 years' imprisonment and a €30,000 fine (3 years' imprisonment and a €45,000 fine in the event of aggravating circumstances).
"You look like a tease."
"Say, you actually like it dirty."
"Shall we spend the evening together and talk about your promotion tomorrow?"
Sexist behaviour
Any conduct related to a person's gender that has the purpose or effect of undermining his or her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment (art. 6 bis of law nº83-634 of 13 July 1983 / art. L 1142 2 1 of the Labour Code).
Penalties incurred: disciplinary sanctions ranging from a simple warning and reprimand to dismissal.
"You're not very good for a man.
"If you dress in a skirt for the orals, you'll be competing unfairly!
"What do you look like on your period?
The right words to define gender-based violence
A 'paedophile'? No, a 'paedocriminal'. A 'marital drama'? No, a "feminicide". Click on the link below to watch the video of "Brut" where Caroline de Haas of the NousToutes collective explains why it is important to use the right words.