All victims of hate crimes are entitled to receive protection and support provided by the State.
French law provides that victims of hate crimes should be protected and that perpetrators should be held accountable for their actions. Immediate help should be available to someone in danger, and structural assistance and legal help should be provided for victims.
Immediate response
The police and gendarmerie are law enforcement institutions which have a legal obligation to act if a person’s safety, health or life is in immediate danger. This also applies to the protection of a person’s property.
Police authorities are usually present in large cities, while rural areas, suburban areas, and small and medium-sized towns are the responsibility of the gendarmerie. Therefore, if your safety, health or life is endangered by a person who expresses bias towards you, you have the right to call the police (17 in France; 112 in Europe). If you are unable to speak (for example due to disability), you can send a free text message to the police on 114 for your protection.
You can also call the emergency medical services (15 for urgent medical assistance; 18 for a dangerous situation) if necessary. It does not matter whether you are a victim, due to a hate crime already having been committed against you, or whether you feel threatened and endangered that a crime may be committed against you in future. In fact, police and gendarmerie officers are the first to respond in most hate crimes.
Hate crimes are usually underreported, because people are too intimidated by the perpetrator to seek help or because they do not trust the responsible authorities. However, it is important that the authorities identify a potential case of hate crime, stop the perpetrator who has already committed the hate crime, and provide the required help to the victim or the person who feels in danger. Thus, any witness to a hate crime should report it by calling the Emergency Lines on 17 or 112.
Legal aid
The state does not have an automatic duty to provide you with free legal aid. In criminal proceedings and administrative offenses proceedings the state will bring action against the perpetrator.
You may hire a lawyer at any stage of the proceedings. Your lawyer may be present every time you are required, or you choose, to participate in the proceedings.
In some circumstances, if you cannot afford a lawyer and you need legal aid to be able to exercise your rights and defend your interests effectively, you may turn to the Legal Aid Office, which provides state guaranteed legal aid.
Read more about your potential access to legal aid.
Aid after a hate crime
Victims may experience emotional or psychological trauma after a hate crime or they may want to seek more specialized help than the state can usually provide. Victims facing these needs can use the help of various non-governmental organizations working with specific social groups or providing specialized help.
Victims should also turn to the Victim Support Office which provides legal, social and psychological assistance throughout the criminal proceedings. This assistance is free of charge. Read more about your access to the Victim Support Office.
What human rights violation may there be?
The risk that a violation of human rights may occur due to the failure of the police or other State authorities to ensure a victim’s safety, or their failure to prevent discrimination is possible as not every public official is trained in the procedures for performing in hate crime cases.
The State authorities must exercise due diligence to prevent, investigate and punish hate crimes in accordance with national legislation, whether those acts are perpetrated by state officials or by private individuals. Police failure to provide an adequate response to hate crimes may be considered to be a failure by the State to ensure safety for victims.
Operational measures, such as police custody which police can apply to protect a victim, are remedies which the State must use to enforce a victim’s human rights. If the police fail to adequately respond to a hate crime, it may result in a violation of the victim’s right to life or the prohibition of inhumane or degrading treatment.
important Police custody or “garde à vue” is a measure taken by the police or gendarmerie authorities by which a person suspected of having committed a criminal offence is detained for a short period of time in the police or gendarmerie station during the investigations. It allows the investigators to have the suspect at their disposal. The duration of police custody is limited and the detainee has rights, including the right to a lawyer.
Police custody should be distinguished from pre-trial detention or detention on remand, which is a measure aimed at detaining an individual suspected of having committed a criminal offence in a prison, prior to sentencing. The duration of pre-trial detention is longer and can only be ordered by a judicial authority, not the police. The detainee has specific rights and the procedure should be respected to guarantee the detainee’s right to a fair trial.
The right to a fair trial could be violated if the state institutions or the courts investigating the hate crime do not follow the procedures prescribed by law, or the court proceedings are unreasonably delayed.
If the State (the relevant state authorities) fails to effectively respond, investigate or provide protection to the victims of hate crimes where there are immediate threats to victims’ lives, freedom or health, it may result in a violation of the prohibition of discrimination, in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment.
The prohibition of discrimination may also be violated in instances where the responsible state institutions discriminate against the victim due to their own bias.