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What about the Law ?

The Law of Feburary 11th 2005 is devoted to the principle of non-discrimination : all people with disabilities, no matter their impairment, have the same rights as their fellow citizens.

Nevertheless, there are still certain situations in which people with disabilities remain victims to discrimination, for example:

  •  Studies: certain students could be refused entry to their academic program of choice because of their disability. Some academic institutions are not willing to set up the necessary arrangements to appropriately accommodate those in need.

⇒ A student with a disability, no matter the impairment, can enroll in their program of choice so long as they possess the required diploma. It is forbidden to ask a student with a disability for a medical certificate to confirm their capability unless this certificate is required by all students.
⇒ Academic instiutions must “offer the necessary arrangements, the required development and incorporation of their studies”

  •  Jobs: The unemployment rate for citizens with disabilities is twice as important as the unemployment rate of the French. (AGEFIPH 2007). This employment rate could be the result of a lack of qualified employees with disabilities, with a large number having education inferior to the high school diploma. But even so, those with post-secondary education can also be refused a job simply because of their disability.

⇒A person with a disability has the right to apply to all jobs they do desire.
⇒All employees must set up the appropriate measures in order to permit their disabled employees the means to succeed and progress in the work place to the best of their ability. If these needs are not met, this constitutes discrimination.

  • Accommodation: Certain landlords refuse to rent their properties to citizens with disabilities claiming problems with security land accessibility.

⇒ It is forbidden to refuse a property to someone because of their disability.
⇒The 28th of June 2005, the 17th “Chambre Correctionnelle du Tribunal de Grande Instance” in Paris accused a landlord who had refused to rent his apartment in the 6th district of Paris to a potential tenant because of their disability. This apartment was situated on the 6th floor with an elevator. It was stated that it was up to the potential tenant, and her alone, to deem what were appropriate accommodation characteristics for her.


 

Discrimination: Criminally Unjust

Discrimination, whether direct or indirect, intentional or not, is forbidden and criminally unjust.

• This includes discrimination of all kinds against people's origins, disabilities, gender, etc.


⇒For example, a school principal who refuses to accept a student in their school district simply because of their disability.

•  Discrimination can also be indirectly committed. The case arises often times unintentionally, yet still has a very negative effect on the person or group of people with disabilities.

⇒For example, a business that requires a hand-written letter to conduct a graphological test as part of their hiring process. In this case, all candidates with writing difficulties are victims of discrimination. It is then the responsibility of the business to modify their hiring process to insure equal opportunity to all.

• Discrimination is penalized by a sentence of 3 years in prison and/or a fine of 45,000 euros. This includes all types of discrimination – during hiring, applying for work experience, training periods, during penalty or disbanding, refusal of goods and services, etc.
 

You have been of victim of discrimination?

Contact HALDE

The ‘Haute Autorité de Lutte contre des Discriminations et pour l'Egalite' is an independent administrative authority created in December 2004. This administration is responsible for all discrimination, direct or indirect, forbid by the law or by international obligation.


It helps people recognize discrimination and how to fight it. It offers advice regarding the judicial process and will help you plead your case. This administration has the power to investigate certain situations to help create your file, for example acquiring documents and proof you may find difficult to obtain, investigating an area or interviewing witnesses.


Find out more information on their website : HALDE
 

December 3rd-4th, 2009

‘Walk in the dark and spin in a wheelchair'

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