Suppression du mot « race » de la constitution et principe de non-discrimination : Une analyse du discours contrastive France / union europenne
This article deals with the european and french political controversy around the deletion of the word “race” from normative texts since the 1990s. Beyond the ideological issues of this debate, it proposes to broaden the approach of analysis to a more encompassing event : the confrontation of heterog...
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| Format: | Article |
| Language: | English |
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Cercle linguistique du Centre et de l'Ouest - CerLICO
2022-04-01
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| Series: | Corela |
| Subjects: | |
| Online Access: | https://journals.openedition.org/corela/14514 |
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| Summary: | This article deals with the european and french political controversy around the deletion of the word “race” from normative texts since the 1990s. Beyond the ideological issues of this debate, it proposes to broaden the approach of analysis to a more encompassing event : the confrontation of heterogeneous legal orders engaged in integrative processes : "French law and Community law differ in their approach to combating discrimination ” (Senate, 2008). If French law "says" race, it denies it a normative existence. Conversely, in UE law, it is a distinctive criterion allowing to activate legal provisions related to the principle of non-discrimination. This change of paradigm leads the national judge to change his traditional approach to human rights based on the principle of equality. The decisions of the judge and the public rapporteur bear the traces of denominational adjustments when they reason from the principle of non-discrimination. |
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| ISSN: | 1638-573X |