Question 16630 — discrimination

Summary

Mr. Peio Dufau draws the attention of the Minister Delegate to the Prime Minister, responsible for equality between women and men and the fight against discrimination, to the opportunity to develop testing operations with an evidentiary purpose in order to strengthen the effectiveness of the fight against discrimination. Discrimination based on origin in access to employment, housing, internships, apprenticeships or certain goods and services are now widely documented by scientific work, testing operations, court decisions and reports from public authorities. However, the National Consultative Commission on Human Rights (CNCDH) like the Defender of Rights regularly underlines the gap between the extent of discrimination observed and the very low number of legal proceedings and convictions handed down. The public authorities explain this situation in particular by the low number of complaints filed by victims as well as by the difficulties in gathering sufficient evidence to initiate prosecutions. However, the legislator precisely intended to respond to this difficulty by recognizing testing as a method of proof. Since Law No. 2006-396 of March 31, 2006 for equal opportunities, codified in article 225-3-1 of the penal code, testing operations can be used to establish the reality of discrimination and to contribute to the manifestation of the truth. In the report submitted to the DILCRAH as part of the preparation of the future government plan to combat racism, anti-Semitism and discrimination (PRADO), the National Federation of Friends' Houses therefore proposes the creation of a national program of probative and scientific testing, intended to produce legally usable evidence, to strengthen the effectiveness of non-discrimination law and to encourage the initiation of legal proceedings when discrimination is objectively established. He therefore asks whether the Government intends to financially support a national program of testing operations with a probative purpose, bringing together researchers, specialized associations and judicial authorities, in order to strengthen the production of evidence, encourage prosecutions and reduce the persistent gap between observed discrimination and discrimination actually sanctioned.

Machine translation from French. The official text remains authoritative.

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1. 7 July 2026

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• Peio Dufau · auteur

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