Question 19654 — associations and foundations

Summary

Mr. Alain Perea alerts the Secretary of State to the Prime Minister, responsible for equality between women and men and the fight against discrimination, of the difficulty of fighting effectively against discrimination that may result from the refusal of an association to welcome a new member. According to consistent case law, an association governed by Law 1901 has contractual freedom which authorizes it, within the limits of compliance with its statutes, to choose its members and therefore to refuse the membership of a new member or the renewal of an old member. This freedom is nevertheless limited by the obligation of non-discrimination imposed by article 225-1 et seq. of the penal code. However, the possibility granted, by case law, to associations to provide in its statutes that the refusal of membership or its renewal can be pronounced by the general assembly, its office or its president without specific motivation makes the establishment of a discriminatory fact particularly complex to establish. Also, he asks whether legislative or regulatory action aimed at correcting this point and facilitating the fight against discrimination in the associative environment can be considered in the short term.

Machine translation from French. The official text remains authoritative.

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