Cour de cassation, Chambre sociale, 13 février 2019, 18-17.042, Publié au bulletin French Supreme Court Social Division, 13 February 2019, No. 18-17.042

In Appeal No. 18-17.042, the French Supreme Court confirms that Law no. 2015-994 of 17 August 2015 relating to social dialogue and employment, known as the Rebsamen Law, legally requires trade union organizations to comply with the principle of balanced representation of women and men when drawing up candidate lists for professional elections. This obligation does not constitute a disproportionate infringement of trade union freedom.

Loi n° 2023-140 du 28 février 2023 créant une aide universelle d’urgence pour les victimes de violences conjugales (Law creating universal emergency assistance for victims of domestic violence)

Law No. 123-140 introduces universal emergency assistance for victims of domestic violence, either in the form of a donation or an interest-free loan. The aim is to help victims to leave the conjugal home swiftly in order to move to a safe place. The text also creates a five-year programming law on combating violence against women, which will set targets and financial resources.

Loi n° 2022-92 du 31 janvier 2022 interdisant les pratiques visant à modifier l'orientation sexuelle ou l'identité de genre d'une personne (2022) (Law prohibiting practices aimed at changing a person's sexual orientation or gender identity)

Law No. 2022-92 of 31 January 2022 prohibits practices aimed at changing a person's sexual orientation or gender identity, specifically directed at combating “reparative” or “conversion” therapies. The text introduces a new offense into the French Criminal Code, punishing repeated practices, behaviors or statements intended to modify or punish a person's sexual orientation or gender identity, resulting in an alteration of their physical or mental health.

Loi n° 2022-295 du 2 mars 2022 visant à renforcer le droit à l’avortement (2022) (Law aimed at strengthening the right to abortion)

Law No. 2022-295 aims to strengthen the right to abortion in France by extending the time period for voluntary termination of pregnancy (abortion) from 12 to 14 weeks of pregnancy. This extension is in response to a finding that women are being forced to travel abroad post the 12-weeks of pregnancy.

Loi n°2021-1017 du 2 août 2021 relative à la bioéthique a élargi la procréation médicalement assistée à toutes les femmes qui ont un projet parental, aux couples lesbiens comme aux femmes célibataires (2021) Law No. 2021-1017 of 2 August 2021 on bioethics

Law No. 2021-1017 of 2 August 2021 on bioethics in France marks a significant step forward for single women and LGBT rights by extending access to Medically Assisted Procreation (MAP) to these previously excluded groups. Prior to this reform, MAP was only available to heterosexual couples facing medical infertility. The new law allows all women, whether in a heterosexual or lesbian couple or single, to benefit from these assisted reproductive techniques.

Loi n°2021-1774 du 24 décembre 2021 visant à accélérer l’égalité économique et professionnelle (2021) Law No. 2021-1774 of 24 December 2021 aimed at accelerating economic and professional equality

With the goal of boosting women's involvement in economic and professional activities, the "Rixain" Law of 24 December 2021 includes a number of measures aimed at achieving greater equality between women and men in French companies. This law introduces an obligation to ensure gender-balanced representation in management positions in large companies. Each year, companies with more than 1,000 employees must publish on their website any gaps that may exist in the representation of women and men among their senior executives and members of their management bodies.

Peruvian Penal Code (Legislative Decree 635) Title III: Penalties, Section IV: Penalty of Fines, Chapter II: Application of Penalties, Article 46 (2)(d): Aggravating or Attenuating Circumstances

Article 46 of the Peruvian Penal Code lists aggravating circumstances for criminal penalties. These circumstances include when the crime is motivated by sexual orientation, sexual identity, and/or gender.

Peru Political Constitution

The Political Constitution of Peru (the “Constitution”) has several articles that directly and indirectly support women’s rights and gender justice. The Constitution recognizes that the supreme purpose of society and the State is to defend and respect the dignity of human beings (Article 1).

Loi n°2021-478 du 21 avril 2021 visant à protéger les mineurs des crimes et délits sexuels et de l’inceste (2021) Law No. 2021-478 of 21 April 2021 to protect minors from sexual crimes and offenses and incest

Law No. 2021-478 of 21 April 2021 to protect minors from sexual crimes and offenses and incest (2021) introduces four new statutory offenses into the French Criminal Code to punish sexual acts against children: (i) the crime of rape against a minor under the age of 15; (ii) the crime of incestuous rape against a minor under the age of 18; (iii) the crime of sexual assault against a minor under the age of 15; and (iv) the crime of incestuous sexual assault against a minor under the age of 18.

Barnes v. Felix

Issues

When analyzing whether a law enforcement officer used excessive force, should courts consider context outside of the narrow time when the officer’s safety was threatened?

This case asks the Supreme Court to determine whether courts should consider context outside of the narrow time when the officer’s safety was threatened when analyzing whether a law enforcement officer used excessive force. The Fifth Circuit applies the “moment of the threat” doctrine when analyzing the reasonableness of the use of deadly force by a police officer. Under the “moment of the threat” doctrine, the court can only consider the instance at which an officer deployed the deadly force in its reasonableness analysis. Barnes argues that the “moment of the threat” doctrine should be rejected because it contravenes precedents established by the Supreme Court and because it raises impossible line-drawing problems. Felix counters that the “moment of the threat” doctrine is consistent with precedent and is a straightforward analysis that does not raise line-drawing issues. The outcome of this case has strong implications for law enforcement and community relations.

Questions as Framed for the Court by the Parties

Whether courts should apply the "moment of the threat" doctrine when evaluating an excessive force claim under the Fourth Amendment.

On April 28, 2016, Officer Roberto Felix, Jr. shot and killed Ashtian Barnes after a traffic stop. Barnes v. Felix at 2. Before the killing, the Harris County Toll Road Authority provided Felix with a plate number that had outstanding violations.

Additional Resources

Submit for publication
0
Subscribe to