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Issues - gender bias - Sexist insults


Jail sentence for sexist insults under new French law

Jon Henley in Paris
Thursday June 24, 2004
The Guardian

The French cabinet yesterday gave its backing to a bill authorising penalties of up to a year in jail for anyone found guilty of making an anti-gay or sexist remark.
"This law puts the fight against homophobia and sexism on the same footing, legally speaking, as the fight against racism and anti-semitism," said the justice minister, Dominique Perben.
"It demonstrates a real willingness to defend those who, because of their choice of life or their personal preferences, risk being singled out, attacked and otherwise shaken in their integrity."
The bill will allow French courts to hand down a fine of €45,000 (£30,000) and up to 12 months in prison for "defamation or incitement to discrimination, hatred or violence on the grounds of a person's sex or sexual orientation".
Proffering an anti-gay insult in public - including any remark "of a more general nature tending to denigrate homosexuals as a whole" - could fetch a fine of €22,500 and six months' jail.
The seven-article bill, due to go before parliament next month, is a response to an increase in verbal and physical attacks recorded against homosexuals in France last year.
The number of violent acts against gays more than doubled to 86 in 2003, compared with 41 in 2002.
The bill was also inspired by a longstanding wish of French gay and feminist groups to see sexist and homophobic insults classed as slander.
One particularly horrifying incident prompted Mr Perben to suggest the bill should be known as the "Nouchet law" after Sebastian Nouchet, a young gay man who spent 15 days in a coma with third-degree burns after being doused with petrol and burned at his home in Noeud-les-Mines, near Calais, last January.
The attack followed months of vicious harassment by a group of adolescents.
Jacques Chirac said yesterday that he wanted the bill to "stop such exceptionally serious acts in their tracks".
The president added: "What is at risk here is essential, namely equality, respect and the protection to which every citizen of the republic is entitled."
While broadly welcoming the government's move, several gay and feminist associations said the bill did not go far enough.
Newspaper and magazine publishers and the journalists' group Reporters sans Frontières warned that it was likely to provoke an avalanche of lawsuits and could in some cases infringe free speech laws.
Other opponents have said the bill is merely a sop offered to the gay community by the centre-right government in compensation for its determined - and very public - opposition to gay marriages.
A Green MP and mayor of the southwestern town of Bégles, Noel Mamére, was this week stripped of his local mandate for a month days after officiating at France's first gay wedding.
A Bordeaux court is likely soon to pronounce the union invalid.
Britain has no specific penalties laid down in law for homophobic or sexist insults or violence.


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