european-union human-rights france
What law is to prevent to say n-word in France
<p>This is a question I am asking because I am not in best of health and I have been bullied by some nationals which are non-european , non -african.</p>
<p>I am african and study in a university of France. Some citizens which are non -european and non - african called me N-word in university campus.</p>
<p>I ignored it for now, but I wanted to ask what legal actions on university level or govt. level can be taken against students who call me n-word again?</p>
<p>Will they get any jail term or only fines?</p>
<p>Kindly let me know!</p>

<p>Under French law, there are two relevant factors thus four possible charges: public vs. private, and insult vs. defamation.
Bare use of the N-word is an insult and is not defamatory, but in case of<br />
<a href="https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000035376954" rel="noreferrer">defamation (article 32)</a>, the factor of racism increases the fine and introduces imprisonment for 1 year.
Article R625-8-1 covers <a href="https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000035375885" rel="noreferrer">non-public insult</a>, which will result in a fine.</p>

<h2><a href="/questions/tagged/germany" class="post-tag" title="show questions tagged &#39;germany&#39;" aria-label="show questions tagged &#39;germany&#39;" rel="tag" aria-labelledby="germany-container">germany</a> -  § 185 StGB &quot;Beleidigung&quot; - <em>insult</em></h2>
<p>Just over the border in Germany, insulting someone - which can include the conduct of calling a person by racial slurs -  is actually in the crime catalogue and can be punished by up to one year in prison, but usually a fine is issued.</p>

<h1>A fine/prosecution for insult is unlikely</h1>
<p>As stated in the other answer, race-motivated insult <a href="https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000035375885" rel="nofollow noreferrer">(CP R625-8-1)</a> might be a fit for the situation, legally speaking. However, I foresee immense problems in proving it.</p>
<p>First of all, a cultural aspect, assuming the insult was said in French. The n-word is a clear racial slur in American English, and has been so since at least the 1960s. However, that is not the case for the direct translation in (metropolitan) French, which was a rather mild insult, or even a neutral term, until fairly recently. Based on a quick internet search, I would say it started to change around ~2015 (compare the history of title changes for the 1939 Agatha Christie novel between <a href="https://en.wikipedia.org/wiki/And_Then_There_Were_None#The_title" rel="nofollow noreferrer">English (US/UK)</a> and <a href="https://fr.wikipedia.org/wiki/Dix_Petits_N%C3%A8gres#Changements_de_titre" rel="nofollow noreferrer">France</a>; or see the <a href="https://fr.wikipedia.org/wiki/N%C3%A8gre_litt%C3%A9raire#Origine_et_contestation_de_l%27appellation_de_%C2%AB_n%C3%A8gre_%C2%BB_litt%C3%A9raire" rel="nofollow noreferrer">recent efforts to find another term for &quot;ghostwriter&quot;</a>, the n-word having a secondary, non-racial meaning of &quot;someone who works hard for little or no recognition&quot;).</p>
<p>I am aware that it does not diminish the grief you experienced, and it is unlikely that the abuse you received was non-racist, but it makes proving racist intent much more difficult that it would be in English. Even neutral language could constitute race-motivated insult, but it all depends on context and intent, which is difficult to prove without strong video/audio evidence.</p>
<p>Second, it is a low-level offense (<a href="https://en.wikipedia.org/wiki/Contravention" rel="nofollow noreferrer">contravention</a>). That means that the police is unlikely to care unless they see it happening right away and it’s a clear violation; they will probably not bother with an extensive investigation after the fact. Even in the &quot;easy&quot; case of hooligans shouting clear racial abuse at football players during big matches, caught on camera, the fine/prosecution rate is approximately 0%.</p>
<h1>There are anti-bullying laws, though</h1>
<p><a href="https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006070719/LEGISCTA000006165282/#LEGISCTA000006165282" rel="nofollow noreferrer">CP 222-33-2-2</a></p>
<blockquote>
<p>[222-33-2-2] Le fait de harceler une personne par des propos ou comportements répétés ayant pour objet ou pour effet une dégradation de ses conditions de vie se traduisant par une altération de sa santé physique ou mentale est puni de (...)</p>
<p>(...)</p>
<p>[222-33-2-3] Constituent un harcèlement scolaire les faits de harcèlement moral définis aux quatre premiers alinéas de l'article 222-33-2-2 lorsqu'ils sont commis à l'encontre d'un élève par toute personne étudiant ou exerçant une activité professionnelle au sein du même établissement d'enseignement.</p>
</blockquote>
<blockquote>
<p>Harassing someone by multiple utterances or behaviors that cause or intend to cause a worsening of her or his living conditions as evidenced by a change in her or his physical or mental health is punished by (...)</p>
<p>(...)</p>
<p>When the facts outlined in 222-33-2-2 are committed by a student or staff member towards a student at the same school, they constitute school bullying.</p>
</blockquote>
<p>The maximum penalties vary depending on a lot of factors that would each take some time to discuss (for instance, the gravity of injury is measured - as is the case in much of French law - by the &quot;interruption temporaire de travail&quot;: how many days off work the victim needed to recover). The maximum allowable sentence is one year of jail time and/or a €15k fine in the lowest-offense case.</p>
<p>However, I doubt a court would impose a non-suspended jail sentence for a first-time offense of verbal harassment unless extraordinary circumstances apply, and the fine would probably be calibrated somewhere between &quot;slap on the wrist&quot; and &quot;painful but not life-changing&quot;.</p>
<h1>What now?</h1>
<p>Regardless of what you decide to do... Harassment requires to prove that the conduct was repetitive. As such, you would do well to get a written record of the events (email, social media chats etc. are fine). If it was only spoken words, complain to someone <strong>in writing, now, with as much factual detail as possible,</strong> so that you have contemporary proof if you need it later.</p>
