Identity checks

Discriminatory identity checks are a widespread and longstanding problem in France. They have serious consequences for victims, their families, communities and society as a whole. Identity checks are an entry point on a continuum of police powers and practices that include frisks, searches, fines, sexual and physical violence and illegal administrative detentions which are used disproportionately to target visible minorities. Efforts to end this systemic discrimination are repeatedly obstructed by political and cultural denial of racial discrimination, fear of appearing ‘soft on crime’, and strenuous police resistance to reform.
Collective strategic litigation has been a novel and important tool for change. In November 2016, the Court of Cassation issued a ground-breaking ruling, in a civil case with thirteen claimants, finding that discriminatory identity checks are illegal and constitute a serious infraction (grave fault) by French authorities. The ruling established a legal recourse for victims who can now obtain damages, as well as increasing political recognition of the problem. In October 2023, the Council of State ruled on a class action finding French authorities responsible for ongoing discriminatory identity checks (though it unfortunately did not order them to take any measures to end the problem). These, and other cases, created a platform for the voices and experiences of the people targeted by police to be taken up in mainstream media and political debates, bolstering the advocacy and organizing of grassroots groups.
Many of (RE)Claim’s founding members have played leading roles in these efforts and we draw on these experiences to shape our strategies and approaches.