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A bill that aims to combat discrimination of sexist or homophobic character is arousing considerable discussion in France. The national Commission of human rights meeting in plenary assembly last week asked for it to be withdrawn and the archbishop of Paris, Cardinal Jean-Marie Lustiger, who is a member of that Commission, spoke of a law that jeopardises freedom of expression. The draft law that would amend the law on press freedom of 29 June 1881 and is due to be debated by the National Assembly in December provides for the creation of two new offences: first, the provocation of hatred or violence against a person due to his/her gender and sexual orientation; second, the insult or defamation of a person simply due to his/her sexual orientation. These offences would be punished by a year in prison or a fine of 45,000 euros. The national Commission on human rights (which is composed of members of associations and representatives of the religions and trades-unions) has asked for the bill’s withdrawal, because it considers that the protection offered by the law for one category of persons “risks being to the detriment of others”. “It is undeniable says a statement put out by the Commission that the State must ensure adequate protection for vulnerable persons in society”, but what arouses concern are the consequences that such amendments to the existing legislation may have on freedom of the press and of opinion. The Commission recognizes “the gravity of sexist discrimination and discrimination linked to sexual orientation, but considers that intolerance is best combated by education, information and debate and not by curbing civil liberties”. It is by the free circulation of thought and opinions and not by repression that “French society has progressed and will continue to progress towards the acceptance of differences and respect for the dignity of each human being”. The Commission also believes that “the current system of legislation and self-regulation permit a satisfactory balance between respect” for persons and “freedom of expression” and does not think it “necessary” to provide penal sanctions in this field “in so severe a manner”. It is the consequences that the bill might have on freedom of the press and of expression that are a matter of particular concern. In a written opinion annexed to the Commission’s statement Cardinal Jean-Marie Lustiger poses a series of questions: “May the fact of qualifying a person as a homosexual constitute a crime of defamation? May the fact of expressing opinions of moral type on the practice of homosexuality be considered as homophobic in intention?” “Homosexuality and homosexual parenthood writes the archbishop open legitimate discussions on the life of society and on the nature itself of civilization. But these discussions now risk being analysed as homophobic messages or intentions, and thus susceptible of being prosecuted by the law”. “Our society concludes the archbishop owes relations between persons to a different logic, different from that of the penal law. It is the logic whereby men and women respect each other”.
