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Protection against Discrimination |
In a world where discrimination is on the rise, it’s more important than ever to be aware of your rights and how to protect yourself. Discrimination can take many different forms, from being denied access to services or housing to being treated unfairly in the workplace. If you feel that you are experiencing discrimination, there are a few things you can do to protect yourself. In this blog post, we will discuss the Art 23 provisions of the French Constitution and how they can help you when it comes to discrimination.
What is Art 23?
Art. 23. Protection of artistic works against discrimination
- It shall be prohibited to discriminate in the enjoyment of rights accorded to artistic works, including the right to display, reproduce or distribute them.
- The provisions of this Article shall apply without prejudice to any rules relating to copyright and intellectual property protection.
What are the protections of Art 23?
Art. 23 of the Convention on the Elimination of All Forms of Racial Discrimination provides that “works of art are protected against any form of discrimination, whether direct or indirect, in their production, dissemination, exhibition, acquisition or possession.” This provision prohibits discrimination in any form, including art related transactions such as sales and rental transactions.
There are a number of legal protections available to artists under Art. 23. These include prohibitions on:
- Direct discrimination (artists must be treated equally regardless of their race).
- Indirect discrimination (discrimination can be present even where no discriminatory act is involved).
- Exclusion from trading benefits (artists must be able to benefit from economic opportunities offered by trade associations and other organizations).
- Refusing to exhibit or sell one’s works (artists have the right to sell their works anywhere they please subject to certain conditions).
- Homophobia (discrimination based on sexual orientation is prohibited).
- Transphobia (discrimination based on gender identity is prohibited).
How do I file a complaint under Art 23?
Under Article 23 of the French Constitution, everyone has the right to be treated with respect and without discrimination. If you believe that you have been discriminated against in any way, you can file a complaint with the relevant authority. There are several ways to do this:
- You can file a complaint with the local police if you feel that your rights have been violated.
- You can also file a complaint with the Conseil National du Droit de la Personnalité (CNDP), which is France’s national human rights agency.
- You can also file a complaint with the European Commission if you believe that your rights have been violated by an EU institution or company.
Types of Discrimination
There are many types of discrimination, but some of the most common include:
- Racial discrimination: discriminating against someone based on their race or ethnicity.
- Gender discrimination: discriminating against someone based on their gender.
- Sexual orientation discrimination: discriminating against someone because they are gay, lesbian, bisexual, or transgender.
- Disability discrimination: discriminating against someone because they have a disability.
Protected Classes under Art 23
Protected Classes under Art. 23 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) provides certain protections to certain groups of individuals, including women, girls, and boys. Article 23 states that “[n]o distinction shall be made between men and women in the exercise of their rights and obligations under this convention.” This means that, regardless of a person’s sex or gender identity, all individuals are entitled to equal protection under CEDAW.
This protection extends to both men and women who are considered members of a protected group. Protected groups include women who have been subjected to discrimination, violence, or abuse; girls who have experienced sexual exploitation; and boys who have experienced gender-based violence. These groups are not limited to specific geographic areas or socioeconomic classes.
To qualify as a protected group under CEDAW, an individual must meet at least one criterion: he or she must be subjected to discrimination based on one or more attributes that identify him or her as a member of a protected group. Attributes that can identify someone as a member of a protected group include sex, gender identity, sexual orientation, socioeconomic status, age, disability, or national origin.
Because CEDAW protects everyone from discrimination based on any attribute associated with his or her sex or gender identity, it is important for businesses to be aware of their obligations
How does the law protect me?
Every person has the right to be free from discrimination in their employment, education, housing, public services, and other areas of life. The law protects people from discrimination based on race, color, national origin, sex (including gender identity), religion, age (40 or over), disability, familial status (marriageable age or child-bearing age), sexual orientation, and genetic information.
The law also provides protection against discrimination based on political beliefs. Anyone who believes that they have been discriminated against can file a complaint with the appropriate agency. If the agency decides that discrimination occurred, it may order the person who discriminated to stop doing so and pay damages to the victim.
Conclusion
When it comes to art, we all want to create and share our work without fear of discrimination or repercussions. Unfortunately, this isn’t always the case. In today’s world, there are still a number of places where people feel they can’t express themselves freely because of who they are or what they believe in. That’s why it’s so important for us to learn about and protect ourselves from discrimination both online and off. With the help of some simple tools and knowledge, we can make sure that any discriminatory behavior we encounter is met with resistance rather than acceptance.