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France’s police threatened with lawsuit by human rights groups over ‘racist’ identity checks

Six NGOs filed a formal notice to the French government on Wednesday demanding an end to what they said was racial profiling by police through identity checks, or else face a class action.

France's police threatened with lawsuit by human rights groups over 'racist' identity checks
A protester holds up a placard reading 'the police assassinates' during one of several anti-police brutality protests in Paris over the summer of 2020. Photo: AFP

The class action is a first in France, carried out by six international and French human rights organisations including Amnesty International and Human Rights Watch.

The NGOs accused French police of engaging in “longstanding and widespread ethnic profiling that constitutes systemic discrimination”.

“Despite incontrovertible evidence that French police have for many years engaged in systematic discrimination in carrying out identity checks, and commitments by successive governments to address the problem, nothing has changed,” the NGOs said in the formal notice sent to the French government, giving them four months to respond.

The warning letter – 350 pages thick – included testimonies of people saying to have been victims of ethnic profiling during identity checks in nine French cities including Paris, Lyon and Toulouse, as well as police officers denouncing identity checks as “useless”.

Identity checks specifically and police racism more broadly have been matters of fierce debate for years in France, which gained strength in the summer of 2020 after George Floyd died at the hands of police in the United States.

Thousands of protesters in France disregarded Covid-19 health advice and took to the streets following the killing to protest against racially motivated police brutality, which they said was a French problem too.

READ ALSO: Who is Adama Traore and why are there protests across France in his name?

 

Police in France have long vehemently denied accusations of institutional racism, both generally and through identity checks. One union decried the lawsuit as unjust and biased.

“It's a bit too easy to denounce systemic control on the basis of spurious, truncated, very biased reports,” Alternative Police Union wrote in a press statement.

Denouncing the class action “political and dogmatic manoeuvre” by actors known for their “anti-police” attitudes, Alternative Police said it was an attempt to turn the interior ministry against the police just as France embarked on national conversations to improve their relationship with the country's citizens.

ANALYSIS: How did France's relationship with its own police get so bad?

 

Police officers in France threw their handcuffs on the ground in protest after the French government considered to ban a controversial “chokehold” tactic in June 2020. Photo: AFP

President Emmanuel Macron launched the talks, known in France as “Beauvau de la sécurité”, after three police officers were caught on video brutally beating up a Black musician in Paris.

The NGOs demanded that, during these talks, the government “tackle the specific problem of discriminatory identity checks and its deep causes, in a serious way to end these abuses, in line with France’s obligations under national and international law.”

“Deep structural reforms are needed to address this systemic discrimination,” they said. 

The French Republic was founded on principle of universalism that effectively bans public institutions from collecting data of ethnicity or religion.

Enacted to protect minorities from discrimination, critics have said for years that this “colour-blind” policy has become counterproductive, causing the state to be blind to racism rather than skin colour.

ANALYSIS: Is France really 'colour-blind' or just blind to racism?

French police have been at the forefront of the debate, as their identity checks are based on a person's appearance, but – due to the principle of universalism – they do not keep records of ethnicity of the people checked.

A study carried out in 2009 in Paris by the Open Society Justice Initiative and French state research body CNRS showed that black people were six times more likely to be stopped for their ID than whites.

People with features seen as “Arab” were eight times more likely to be asked to show their papers.

In a more recent report in 2017, the French rights ombudsman said that young men “seen as black or Arab” were 20 times more likely to be asked for ID than young white men.

One man included in the NGOs letter said to have experienced ethnic profiling by the police repeatedly since he turned 16, “sometimes three times a day.”

During a recent stop, he said, the police “violently pinned me up against the wall. One of the officers touched my private parts. Then he hit me in the stomach and called me a ‘dirty Arab’.”

Rights groups have long called for people targeted by ID checks to be given a receipt which they could produce to avoid being asked repeatedly for their papers.

The prime minister, interior minister and justice minister – all specifically targeted by the NGOs – have four months to respond to their demands.

Member comments

  1. Is it any wonder that Poland and Hungary balk at following the EU’s diktat on immigration? What country, given a fresh start, would opt for such out of control and unmanageable levels of immigration from countries with cultures so unsuited to the European way of life?

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LIVING IN FRANCE

Explained: What is the law in France on prostitution

As the European court of human rights upholds France's laws on prostitution, here's a look at what the law says on the buying and selling of sex.

Explained: What is the law in France on prostitution

On Thursday the European Court of Human Rights ruled in favour of a French law from 2016 that radically overhauled the country’s laws on prostitution.

So what is the position now in the country that became famous for its legalised brothels, immortalised in the works of painters including Toulouse-Lautrec, Ingrès and Manet? 

History

It was Napoleon who laid out France’s long-standing legal code on lawful but regulated prostitution which saw state-sanctioned brothels known as maisons de tolérance or maisons close opening up in French towns and cities.

The legal position in France remained for a long time that prostitution was legal – albeit under tightly controlled conditions; registered brothels which were ‘discreet’ in appearance, prostitutes who were also registered and subject to regular medical inspections.

However in the period after World War II a series of laws were passed that first outlawed brothels and then criminalised behaviour including soliciting for sex, pimping and sex tourism.

The 2016 law

In 2016 a radical shakeup of the law was proposed, aimed at shifting the balance of power in favour of the people (mostly women) who sell sex.

It first repealed some older laws including the ‘Sarkozy law’ introduced in 2003 that made it a criminal offence to “be present wearing revealing clothing at a location known to be used for prostitution”.

But the main thrust of the law was to make it illegal to buy sex – but not illegal to sell sex, or to solicit it.

The idea was to remove the fear of criminalisation for people selling sex and therefore remove some of the barriers to people seeking help – for example to report a crime. The bill also came with a package of measures designed to help people working as prostitutes to leave the profession, if they want to, and enable them to leave exploitative or dangerous situations. 

It also included measures to give residency cards to the estimated 30,000 foreign people working as prostitutes in France – it is estimated that around 80 percent of sex workers in France are foreigners, the majority from eastern Europe or Africa.

Has it worked?

The intention was undoubtedly good, but many argue it has not worked – including the group of 20 sex workers who took France to the European Court of Human Rights over the law.

They say that criminalising customers means that sex workers are forced to work in more isolated and therefore dangerous places and that the drop in custom means that sex workers are being forced to accept customers that they might in the past have turned away.

The continuing ban on brothels means that sex workers must work alone, which raises their level of risk.

The main French prostitutes union Strass says: “It’s been a catastrophic law for our security and our health.”

However, the European judges rules that there is no evidence that the law itself was making sex work unsafe.

Judges said they were “fully aware of the undeniable difficulties and risks to which prostituted people are exposed while exercising their activity”, including their health and safety.

But they added that these were “already present and observed before the adoption of the law” in 2016, being attributed at the time to the since-repealed law against soliciting.

“There is no consensus on the question of whether the negative effects described by the claimants are directly caused by the… criminalisation of buying sexual acts, or their sale, or are inherent or intrinsic to the phenomenon of prostitution… or a whole array of social and behavioural factors,” the judges said.

So what exactly does the law say now?

Buying sex is illegal, punishable by a fine of up to €1,500, rising to €3,750 for repeat offenders. This applies whatever the situation – street prostitution, in a brothel or massage parlour or via an online transaction. 

Clubs including fetish clubs and swingers clubs are legal.

How strictly this law is enforced varies widely according to both place and time.

Selling sex is legal, as is soliciting for sex, however owning or operating a brothel is illegal. It is illegal to live off the earnings of a prostitute or to help or pressure someone to prostitute themselves.

Prostitutes are required to pay tax on their earnings and make an annual tax declaration in the same way as all other self-employed workers in France.

Prostitutes have a union and during the Covid pandemic qualified for furlough payments when they could not work.

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