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Material scope

As far as penal law is concerned, the amended article 455 of the Penal Code is applicable to discrimination in relation to:

  • the refusal to supply or allow enjoyment of goods;
  • the refusal to supply a service;
  • the restriction of the supply of goods or services on grounds of ethnic or racial discrimination or the exercising of any other form of discrimination at the time of supply;
  • the indication in any advertisement of the intention to refuse goods or services or to practise discrimination at the time of supplying goods and services,
  • the restriction of the normal exercise of any economic activity;
  • the refusal to employ an individual, the sanctioning or dismissal of a person;
  • the subjection of access to work, training or working conditions or the membership of, and involvement in, an organisation of workers or employers to a discriminatory condition.

Thus, the scope of the Directives is not entirely covered by criminal law.

As far as civil law is concerned, including labour law, the law of 28 November 2006 has incorporated the full scope of Article 3 of Directive 2000/43 and thus is applicable to:

  • conditions for access to employment, to self-employment and to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;
  • access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;
  • employment and working conditions, including dismissals and pay;
  • membership of and involvement in an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations;
  • social protection, including social security and healthcare, social advantages, education and  access to and supply of goods and services which are available to the public, including housing.

Public sector is covered by the law of 29 November 2006 for the relations between public employees and the administration (state and municipalities).

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