France
Other mechanisms of legal recourse
Legal action is not always the only or the most effective means of addressing issues of interest to migrants, including discrimination. In 1993 the Departmental Security Programs (“Plans Départementaux de sécurité”) were instituted together with units under the guidance of Prefects to coordinate work to combat racism, xenophobia and antisemitism.
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At the same time, the Departmental Commissions on Access to Citizenship (“CODAC”) were established under the direct responsibility of the Prefect in each "département". They are composed of representatives of the decentralised public services (including the police, decentralised employment services and housing institutions), local authorities, trade unions and local associations (including anti-racist associations). The main objective pursued with the establishment of these Commissions is to help young people of immigrant background to find a place in society, to find employment and to improve their relations with the administration and employers as well as their access to housing and leisure activities.
The Departmental Commissions on Access to Citizenship have a role in alerting prosecutors about incidents of discrimination, mainly racial in order for criminal action to be initiated. This is particularly important a victims may be reluctant to come forward and approach prosecutors directly.
The representatives of the State as well as every individual can submit complaints of discriminatory practices to the CODAC. A permanent Secretariat ensures the reception of complaints by individuals, including non-nationals. Following the study of the complaints, these are submitted to the Commission, chaired by the Prefect, every three months and may subsequently be transmitted to the prosecuting authorities. Apart from receiving complaints, the functions carried out by the CODAC include: awareness-raising of employers, recruitment agencies and the general public as well as of members of the target groups themselves; evaluation of the incidence of discriminatory practices in all fields of life; dissemination of information about public employment and professional training opportunities; evaluation of the difficulties concerning recruitment of young people of immigrant background and formulation of proposals.
Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.
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