Erasing Race: The Role of Republicanism and Racism in French Constitutional Jurisprudence 35 Temple International & Comparative Law Journal 2021

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35 Temp. Int'l & Comp. L.J. 167 (2021)
Erasing Race: The Role of Republicanism and Racism in French Constitutional Jurisprudence

handle is hein.journals/tclj35 and id is 175 raw text is: ERASING RACE: THE ROLE OF REPUBLICANISM AND
RACISM IN FRENCH CONSTITUTIONAL
JURISPRUDENCE
Gracen Eiland*
In the summer of 2018, France's parliament voted to remove the word race
from the country's constitution in an effort to pursue its colorblind approach to
combatting racism. Traditional French secularism stresses the non-existence of
race, but by refusing to acknowledge race, France also refuses to acknowledge the
reality of racism within its borders and effectively perpetuates it.
This Comment analyzes the legislative history and the sociological pressures
which led to the decision to remove race from the French constitution, as well as
the likely consequences of doing so. The Comment begins by evaluating the
origins of French republicanism, the country's colonial history, and the evolution
of its immigration policies. It then explores the history of the word race in
French law as well as its attempts to combat racism through anti-discrimination
legislation. Finally, this Comment discusses and evaluates the arguments on both
sides of the amendment debate from parliament members, anti-racism
organizations, academics, and citizens. This Comment argues that the inclusion of
race in article one of France's constitution once served as a powerful tool in
enacting and effectuating anti-discrimination legislation; and without it, France's
ability, or even its willingness, to identify and combat systemic racism is
significantly weakened.

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