You must not be discriminated against in educational institutions such as schools or universities, regardless of whether they are owned by the state, a municipality or are private institutions.
Education is a right for all children resident in France, without distinction. Indeed, according to French law, the right to education is guaranteed to everyone to enable them to develop their personality, to raise their level of initial and continuing education, to integrate into social and professional life and to exercise their citizenship.
You must not be denied access to education or be treated worse or graded lower than other students on discriminatory grounds. The prohibition of discrimination protects all current and prospective pupils or students in all state, municipal and private educational institutions. These include kindergarten, primary and secondary schools, colleges and universities.
Discrimination in education may include cases where someone is given priority over you only because you possess certain characteristics. It may also occur when you are treated worse in the education process because you belong to a certain race, ethnicity, nationality, religion or possess other characteristics that are prohibited grounds for discrimination.
example A college or university must not reject an application to a childcare course only because the applicant is male and they do not think it is appropriate for a male to be working with children. Similarly, a school may not refuse to enroll a child or grade the child lower only because of his/her Roma ethnicity.
important Educational institutions may accept students who pass a specific test or other competition. Even if you belong to a certain race, nationality or other group of people, but your application is rejected because other applicants were more successful on their merits, it will not be considered discrimination.
However, there may be some indirect forms of discrimination regarding access to education, where because of a neutral measure such as a test, some persons are treated less favourably than others in a similar situation because of their characteristics (gender, origins, ethnicity, religion, disability etc.)
example There was an indirect discrimination when, after having passed intellectual tests, a disproportionate number of Roma children were placed in special schools for children with mental disabilities and could not attend ordinary schools. Although the measure was neutral in its appearance (all children passed this test regardless of their origin), in practice it was discriminatory against children of Roma origin because the educational system and the tests were biased and did not take Roma specifics into consideration.
Another form of discrimination can arise in the context of education when students/children are subjected to harassment from other students or teachers or school staff, regardless of if it happens within the educational establishment or outside. Such acts may constitute the offence of school harassment as outlined in the Criminal Code. Education establishments have the obligation to take appropriate measures to prevent and fight against harassment at school.
French law explicitly prohibits discrimination on the grounds of sex or gender, race or ethnic origin, religion or belief, disability and other grounds in education.
However, in certain situations, private educational institutions are allowed to choose specific types of students by applying the exception of ethos. In France, there are two main types of private establishments:
- The contractual private schools: The majority of private schools are related to the public school system through a contract, which means that they must follow the public-school curriculum and have the obligation of accepting all children, regardless of their origin, opinion or beliefs.
- The non-contractual private schools: They do not have to follow the public curriculum and can decide who they accept in their school. However, they are still subject to the general principle of non-discrimination and cannot therefore discriminate when choosing who they accept.
Moreover, private schools, whether under contract or not, are allowed to adopt internal rules requiring for example the students to participate in religious events and practices. Although this is not discrimination as such, it can affect pupils who do not belong to that religion as they may feel uncomfortable there.
What human rights violation may there be?
The prohibition of discrimination will be violated if you or your child are not accepted by a school or other educational institution or are treated worse in the educational process only because you are of a certain age, race, or ethnicity or possess other characteristics that are prohibited grounds.
If you or your child do not have access to a particular type of education, it may also violate the right to education.
How to complain
If you believe that you may have been discriminated against by a private educational institution, you may file a complaint to the educational institution first (primary school, high school, university etc.), then to the National Education Mediator, or to the court of general jurisdiction.
If you believe that you have been discriminated against by a public educational institution, you may also submit a complaint to the educational institution, and afterwards, to the Mediator, and then the administrative court.
Also, because discrimination is a criminal offence, you can request criminal proceedings to be initiated by filing a complaint at the police station.
You may also submit a complaint to the Defender of Rights who can help you in your proceedings.
Read more about how to complain.