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The High Authority on Fighting Discrimination and for Equality
The High Authority on Fighting Discrimination and for Equality
The High Authority on Fighting Discrimination and for Equality is an independent administrative authority that focuses on direct or indirect discrimination due to sex, disability, age, health, religion, sexual orientation, viewpoint or appearance committed against any person.
Created by the law of December 30, 2004 that decreed the creation of the High Authority on Fighting Discrimination and for Equality, it was founded on April 23, 2005.
Its missions are to see that the law is followed and implemented correctly and that victims know they have an organisation that can offer them aid and assistance. Under its authority, the principle of equality should prevail through partnership and prevention initiatives.
To do so, the HALDE has the power to request testimony and distribute information and documents to all physical and moral people. It can also delegate its own investigators, agents or experts. Any refusal to respond to its requests may be subject to formal notice and referral to a judge handling urgent matters. Lastly, it has the right to send cases to the courts.
Its powers and duties were consolidated and strengthened by the law for equal opportunity of March 31, 2006. Thereby, its agents were granted increased investigative powers. It can now propose actions that incur a fine and impose compensation for discrimination experienced by victims or obtain direct referral to the courts if no agreement is reached.
Court Referral (Seisin). The High Authority may refer any person deemed a victim of discrimination that is “direct or indirect, prohibited by a law or an international agreement of which France is part,” via a member of parliament, a senator or a French representative in the European Parliament. The High Authority itself may handle cases of which it has knowledge, on the condition that the victim, once identified, has been alerted and has no objections.
Competences. . This authority gathers any information on facts brought to its attention. It can request testimony from any private law physical or moral person. Public authorities are bound to authorise their agents to answer any request and above all must communicate all useful information or documents. It also conducts discrimination checks at companies and night club entrances or at the time of obtaining housing, checks that are authorised by the equal opportunity law of March 31, 2006. It can also plead before any court and holds the power to negotiate, which permits it to propose victim compensation, if applicable. In the event of refusal, it can directly summons the discriminator before a court. HALDE agents can henceforth be sworn in.
Judgements. . HALDE may act as mediator to solve a discriminatory situation or devise recommendations to prevent a recurrence. If these judgements are ineffective, a report is published in the Official Gazette. Public prosecutors are made aware of the facts pursuant to a criminal offence.
Promoting Equality. HALDE handles information initiatives, conducts research and identifies good practices in matters of equality. It can recommend any legislative or regulatory modification and may be consulted by the government on any related issues
One Year of Fighting Discrimination. Presented in April 2007, this authority’s 2006 progress report revealed a sharp rise in court referrals. In total, more than 4,000 claims were recorded in 2006 versus 1,400 in 2005. In the first few months of 2007, over 500 complaints were recorded per month. The cause of discrimination most often cited was national origin (35%), followed by health and disability (19%) but also age (6%). Close to half of the claims received (43%) came from the job sector.