Freedom of expression and the fight against discrimination, some key dates – Gpa2po Direkt zum Inhalt

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Freedom of expression and the fight against discrimination, some key dates

Freedom of expression and the fight against discrimination, some key dates

Freedom of expression, defined by the fact that every individual has the right to express himself, to say what he feels, whatever the means used (by writing, drawing, speaking, communicating on social networks...) is a fundamental right, according to article 19 of the Universal Declaration of Human Rights of 1948.

However, it is not possible to say everything. Freedom of expression has its limits, limits governed by a legal framework and essential to know in order to fight against hate speech, discriminating.

  1. Some key dates about freedom of expression:
  • At the international level:

December 10, 1948 - Universal Declaration of Human Rights.

Article 19 of the Universal Declaration of Human Rights adopted by the United Nations.

  1. European Convention on Human Rights, article 10.
  • In France :

August 26, 1789 - declaration of the rights of Man and the citizen.

Currently, the preamble of the constitution of October 4, 1958 refers to the declaration of 1789, since under the terms of its first paragraph "the French people solemnly proclaim their attachment to the Rights of Man and the principles of national sovereignty as defined by the Declaration of 1789."

Law of July 29, 1881 on the freedom of the press.

This law was voted under the IIIrd Republic. It defines the freedoms and responsibilities of the French press, imposing a legal framework to any publication, as well as on the public highway.

It is the founding legal text of the freedom of the press and the freedom of expression in France, inspired by article 11 of the declaration of the rights of man and citizen of August 26, 1789.

One often sees on the walls of buildings the inscription "Défense d'afficher - Loi du 29 juillet 1881".

Article 1 of this law says: "Printing and bookstores are free".

Radio, television and the Internet did not yet exist, but the law also applies to these new media.

The law of 1881 was so well thought out that it still applies today. It was completed by the Pleven law (1970) and the Gayssot law (1990).

  1. Some key dates in the fight against discrimination
  • At the international level :

December 10, 1948 - Universal Declaration of Human Rights.

Article 2 of the Universal Declaration of Human Rights adopted by the United Nations.

1950 European Convention on Human Rights.

Article 14 of the European Convention on Human Rights, entitled "Prohibition of discrimination":

"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."

1969 – Convention internationale sur l’élimination de toutes les formes de discrimination raciale.

Articles 4 and 5 of the International Convention on the Elimination of All Forms of Racial Discrimination require that the expression and dissemination of ideas based on racial superiority or hatred be prohibited.

  • In France :

July 1, 1972 - The Pleven law on the fight against racism 

The "Pleven Law" (named after the Minister of Justice who passed it) reforms and completes certain provisions of the 1881 law on freedom of the press.

In addition to insult and defamation, which were already punishable under the 1881 law, the Pleven law created specific offenses for incitement to discrimination, hatred and racial violence. With this law, racism was no longer a simple opinion, it became an offence punishable by penalties ranging from fines to prison sentences.

In total, between 1971 and 1977, at least 70 Algerians were victims of racist crimes in France. The phenomenon grew to the point of triggering the famous March for Equality and Against Racism in 1983, known as the March of the Beurs, whose 30th anniversary is being celebrated today. In short, the law of 1972 is there, it makes racism a crime, without eradicating it.

1990 - Gayssot Law

La proposition de loi déposée par le député communiste Jean-Claude Gayssot visant à punir tout acte raciste, antisémite ou xénophobe a été adoptée par l'Assemblée nationale dans la nuit du 2 au 3 mai 1990. Elle prévoit de nouvelles sanctions et fait de la négation de la Shoah un délit.

Voir le reportage sur Lumni

 

October 15, 1984: Birth of the association SOS Racisme, under the impetus of Julien Dray, a deputy and socialist activist

May 27, 2008 - Law n°2008-496 concerning various provisions of adaptation to Community law in the field of the fight against discrimination

Article 1 of Law n°2008-496 of May 27, 2008, defines discrimination as unequal treatment, unfavorable treatment, based on a criterion prohibited by law, in a field such as employment, housing, education, public service, access to goods and services, etc.

Gender identity, sexual orientation, ethnic origin,... are among the criteria of discrimination defined by the law, as well as sex, age, disability, physical appearance or political or religious opinions.

Discrimination "against a natural or legal person is punishable by three years' imprisonment and a fine of up to 45,000 euros.

"When the discriminatory refusal is committed in a place welcoming the public, or for the purpose of prohibiting access to it the penalties are increased to five years' imprisonment and a fine of up to 75,000 euros."

Law of August 4, 2014, for real equality between women and men.

This law aims to combat inequalities between men and women in the private, professional and public spheres.

  1. Some days to fight against discrimination:

Every first Thursday in November: National Day against Bullying in Schools

January 24: International Education Day

March 1: Zero Discrimination Day

March 8: International Women's Rights Day

March 21: World Day Against Racial Discrimination

April 8: International Roma Day

April 26: Lesbian Day of Visibility

May 17: International Day against Homophobia, Transphobia and Biphobia

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