The Defender of rights and discrimination in employment

  • Sereno Sophie


    Since twenty years, the non-discrimination law continues to enhance specially under the influence of the International and European Law. The multiplication of the norms isn’t however sufficient to achieve the desired effect ; their complexity even makes this law difficult to access for the employees as well as for the employers. The creation of an independent authority (2004), in charge of fighting against discrimination and promoting equality, has strongly contributed to improving the protection overall. The absorption of the Halde by the Defender of rights (2011) could have created a doubt regarding maintaining the objective of fighting against discriminations at work. It is not. The action of this new constitutional authority is involved in the effectiveness of the broad legal spectrum in this area. Evidenced by its contribution to the mobilization and the enhancement of the substantive law and the reinforcement of public action against discrimination in employment, which are probably the largest and therefore significant. If the political question (and constitutional) remains to determine if the the Defender of rights could become a counterpower, it appears that, legally, he helps to enrich the substance of the right of non-discrimination while working on the reinforcement and the multiplication of actions to enabling it’s implementation, especially in employment.