Any association that has been duly registered for at least five years at the time of the incident, and that uses its articles of association to combat discrimination based on sex, sexual orientation or gender identity, may exercise the rights granted to civil parties in respect of discrimination punishable by the articles 225-2 and 432-7 of the Criminal Code and the articles L. 1146-1 and L. 1155-2 of the Labour Code, when they are committed because of the victim’s sex, family status, morals, sexual orientation or gender identity or as a result of sexual harassment.
However, with regard to discrimination committed as a result of sexual harassment, the association is only admissible in its action if it can prove that it has received the written consent of the person concerned, or, if the latter is a minor and after obtaining the latter’s opinion, that of the holder of parental authority or the legal representative.
The association may also exercise the rights granted to the civil party in cases of wilful attacks on the life or integrity of the person and destruction, damage and deterioration punishable by the articles 221-1 à 221-4,222-1 to 222-18, 225-4-13 and 322-1 to 322-13 of the Penal Code, when these acts have been committed because of the victim’s sex, sexual orientation, gender identity or morals, provided that it can prove that it has received the victim’s consent or, if the victim is a minor or a protected adult, that of their legal representative.
Any foundation recognised as being in the public interest may exercise the rights granted to a civil party under the same conditions and subject to the same reservations as the association mentioned in this article.
In the case of deliberate attacks on life, if the victim is deceased, the association must prove that it has received the agreement of the victim’s heirs.