Discrimination positive et principe d'égalité en droit français

Abstract

In French public law the equality principle and positive discrimination are fundamentally antagonistic. As a basic element of our legal system, the equality principle postulates the absence of disadvantaged groups, which would testify to the failure of the system. However the confrontation between the ideal and reality leads to the taking into account of objective differences that make it necessary to legally identify legitimate and necessary differentiations. A qualitative change occurs when equality becomes a demand: to the notion of equality as a principle is then added the notion of equality as an objective.