Victims of discrimination may soon unite to bring their cases to court. MEPs approved Wednesday, 10 June socialist law proposal to establish a group action against discrimination, a measure that aims to encourage victims to come forward.
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The penal code already criminalizes discriminatory behavior, but convictions are rare and “near a victim on two undertakes no action” because of the complexity of costs and especially his “isolation” , noted Razzy Hammadi, PS deputy and rapporteur of the bill.
The text voted does not create but creates the new offense action group, which already exists in the consumer law by Hamon law of 2014, and has been proven in over twenty European countries
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Specifically, the person should consider themselves discriminated enter a trade union or an association established for at least three years, which may take legal action. In light of these cases, the judge will ask the company to prove that it did not engage in discrimination, otherwise it will be considered responsible.
The procedure will target the public and private.
Once admitted liability, the judge will define the group of victims, determine the connecting factors and establish the amount of damages. He shall in advertising and set a time period (two to six months) for people who wish to belong to this group adhere to it. Once this period has expired, the judge will establish the list of persons indebted to obtain redress and enforces the sentence.
All the left groups have supported this text, which must now be considered in the Senate. MP Republicans Philippe Gosselin, the only member of his group present during the discussions, has meanwhile abstained. If it says “shared objectives” text, the MP for Manche was concerned a “communitarisation of society, on the Anglo-Saxon model” .
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