Does the Miss France competition promote "
discrimination
"?
What is a truism for some is a very serious battleground for the association "Osez le Féminisme", which has brought an action against the labor court against the company organizing the competition.
This Friday, January 6, the Bobigny court will make its decision whether or not to impose an employment contract for candidates in the competition, and therefore to remove certain conditions of access.
Last June, he had not reached a majority to answer the question.
The legal action dates back to October 2021, launched by the feminist association, which supported three women who had to give up the competition because they did not respect the conditions of registration.
Read alsoNo, "Osez le féminisme" does not represent women (nor feminists)!
“Dare feminism” is based on a 2013 court decision, concerning the Mister France competition, which had qualified the candidates as “
employees
” of the organizer.
As a result, labor law would apply to Miss candidates for the national crown.
This would prohibit, in practice in recruitment, most of the criteria established by the Miss France committee, which concern the appearance of the candidates, their marital status or their past behavior.
Alexia Laroche-Joubert, the producer of the annual show and president of the Miss France society, had nevertheless modified the conditions of access to the competition last June.
She had detailed her decisions with
Figaro TV Magazine
: "
From now on, I only ask that young women be over 18, measure at least 1.70 meters - because they wear designer dresses and must be of a minimum height - and that they be female in the civil status, which was already the case before.
Finally, to preserve the spirit of the values of Miss France, the candidates who present themselves must not have made pornographic films or photographs or have had criminally reprehensible remarks.
The committees
".
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The obligation of celibacy has since disappeared, and tattoos are now accepted.
Finally, if reconstructive surgery is accepted, aesthetic interventions remain prohibited, Alexia Laroche-Joubert refusing in this area any “
proselytizing with young girls who watch Miss France
”.
An opening which had allowed various candidacies, and even a transgender person (a man who became a woman in the civil status), arrived second runner-up in the election of Miss Paris.
Legal action, political fight
The reform is not enough, however, for the association "Osez Le Féminisme", according to which the remaining criteria, in particular physical size or the ban on smoking in public, constitute "
discrimination in hiring
".
With Le
Figaro
, Me Violaine de Filippis Abate, lawyer for the association, argues that the latter could decide on an appeal in the event of an unfavorable decision in court.
But in the event of victory, isn't the rigorous selection implied by the criteria set by Miss France likely to continue, quite simply in the shadows and the subjectivity of the juries?
"
It will be necessary to look in the recruitment if there is discrimination.
If in the next few years, we do not see any woman outside the criteria set by the competition until now, this would constitute a beam of evidence that discrimination persists
, ”warns the activist.
The legal action thus takes on the appearance of a political and cultural fight, the association not hesitating to qualify the competition as “
sexist
”.
When the file was opened, Alexia Laroche-Joubert had in return stressed to France Info that “
the three people who are carrying this request, I do not know if they are candidates who have not been admitted to the regional elections.
What is certain is that they are members of the Osez le féminisme association, one of which is on the board of directors.
As if by chance…
” The businesswoman and presenter was surprised that the feminist collective was waging an “
archaic
” struggle: “
I can't stand this guilt of these young women, who, by choice, participate in the program.
This is what is archaic: not considering that women can decide what they are going to do with their lives
”
.
Me Violaine de Filippis-Abate believes in return that “
we do not decide for women, we allow them to be protected by labor law.
Legally, I don't feel like I have a choice for women.
But indeed, our action also opens a political and social debate, on the image of women and the model that this program reflects
”.
Answer - strictly legal - Friday.