E/CN.4/1996/72/Add.3
page 43
Article 226-19 of the Penal Code prohibits the storage, except with the
agreement of the person concerned, of personal data showing racial origin or
religious opinions.
This offence is punishable by five years' imprisonment and/or a
2 million franc fine.
(3)
Displaying signs associated with racist ideology during sporting
events
According to article 42-7-1 of Act No. 84-610 of 16 July 1984, as
amended on 6 December 1993, anyone who introduces, wears or displays insignia,
signs or symbols associated with a racist or xenophobic ideology in sports
premises while a sporting event is taking place or being publicly broadcast is
liable to a 100,000 franc fine and/or one year in prison.
Article 42-11 of the Act also provides that persons convicted of a
violation of article 42-7-1 are liable to the additional penalty of being
prohibited from entering one or more places where a sporting event takes place
for a period of up to five years.
(4)
Racial discrimination
The Penal Code punishes discrimination based on origin or genuine or
alleged membership (or non-membership) of an ethnic group, a nation, a race or
a religion, when it involves (arts. 225-1 to 225-4 of the new Penal Code):
Refusing to provide goods or services;
Obstructing the normal exercise of any economic activity;
Refusing to hire, punish or dismiss a person;
Making the provision of goods or services subject to a discriminatory
condition;
Subjecting a job offer to a discriminatory condition.
The penalty for discriminatory acts is increased, since they are
punishable by up to two years' imprisonment and a 200,000 franc fine.
Discrimination committed by persons vested with government authority or
responsibility for a public service (art. 432-7) is defined by the
above-mentioned article 225-1. The penalty to which such persons is liable is
increased to up to three years' imprisonment and a 300,000 franc fine.
(5)
Increase in the penalty for the offence of desecration of graves
The Code provides that the violation of the integrity of a corpse and
the desecration of graves are punishable by up to one year in prison and a
100,000 franc fine. Monuments to the memory of the dead are henceforth