Goods and services must be provided equally to everyone without any discrimination. The prohibition of discrimination applies to all providers of goods and services whether they belong to the state or a municipality or are privately owned.
You must not be denied goods or services only because you belong to a certain race, nationality, religion or some other objective characteristics. Refusing access to goods or services to someone based on prohibited grounds is a discrimination punished by the Criminal Code. It is indeed considered a criminal offence punished by 3 years’ imprisonment and a fine of 45,000 €.
If this discrimination happens in a place open to the public or for the purpose of prohibiting access to such a place, the penalties are heavier: 5 years’ imprisonment and a 75,000 € fine.
example If a person is refused entry into a nightclub because they are black, or if this person is refused drinks inside the nightclub for the same reason, these are both criminal offences.
The same penalties apply if the discriminatory refusal is committed by persons acting as public officials or by persons entrusted with a public service mission.
example A mayor refusing to provide a local birth grant to a family because they are not French constitutes a discrimination because the law allows foreigners to benefit from all family allowances as long as they reside in France on a regular basis.
Goods and services
Goods and services include buying and selling things in shops, markets and other outlets, or going to restaurants, cafes, bars, hotels and entertainment venues such as clubs, cinemas, theatres or sporting venues, such as gyms, swimming pools, etc. This also includes access to services provided by banks, insurance companies, and other types of service providers, such as public services (hospitals, public school, police station, municipality etc.)
Scope
Discrimination in the provision of goods and services can include cases where a service provider refuses to sell goods or provide a service. Discrimination in this context may also include degrading or insulting remarks, the offer of different contract terms, such as a higher price only because you are of a certain age, race, or sexual orientation or have other objective characteristics that are prohibited grounds of discrimination.
example A cinema must not deny you entry because you are in a wheelchair. A club must not introduce a different ticket price because you are a male as it will violate the prohibition of discrimination.
According to French consumer law, it is prohibited to refuse to sell a product or provide a service to a consumer unless there is a legitimate reason for doing so, for example if the product is not available anymore, or if it is prescribed by the law.
example Refusing to sell alcohol to minors is not discriminatory because such measure is prescribed in French law.
Also, French law explicitly prohibits discrimination on the grounds of sex or gender, race or ethnic origin and disability and other prohibited grounds in access to goods and services. In certain cases, providers of goods and services can choose specific types of clients by applying the exception of genuine requirement.
It is possible to justify a discrimination in the access of goods and services if it follows a legitimate aim and if the means to achieve that aim are appropriate.
For example, it is not prohibited to discriminate on the ground of gender, regarding access to goods and services, if it is justified by the protection of victims of sexual violences, the protection of privacy, the promotion of gender equality, freedom of association or the organisation sporting activities.
example Accepting only women in an emergency shelter can be justified to protect women who are victims of domestic violence and who wish to stay in a safe place.
What human rights violation may there be?
The prohibition of discrimination will be violated if you have been denied goods or services or received them in poor quality only because you belong to a certain race or nationality, or you are a person with a disability or possess other characteristics that are prohibited grounds of discrimination.
How to complain
If you believe that you may have been discriminated against by a private seller of goods or a service provider, you may file a complaint to a state institution called the General Directorate for Consumer Affairs, Competition and Fraud control (DGCCRF). You can also submit a complaint to the Defender of Rights. If these complaints do not work or if you are not satisfied with the solution, you can file a complaint to the court of general jurisdiction.
If you believe that you have been discriminated against by a state or municipal seller of goods or a service provider, you may submit a complaint first to the public institution who is responsible for the discrimination and afterwards, to the administrative court. You can also file a complaint to the Defender of Rights.
Since discrimination is a criminal offence, you can also file a complaint to the police station to initiate criminal proceedings.
Read more about how to complain.