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The question of removing the concept of race from the Constitution inevitably gives rise to the issue of amending the entire body of legislation, particularly criminal law. [13] The term race first emerged in French legislation in 1928 and subsequently in the period preceding World War II.
The notion of race first entered the French lexicon in the late fifteenth century to categorize breeds of animals for hunting or combat. Shortly afterward, it was applied to members of the French monarchy, then certain members of the French nobility, as a signifier of lineage and to distinguish from new nobles, the vulgar, and the older noble families (the noblesse de race).
French political tradition does not use the term "racial minority" in its discourse because all of the rights that the French Revolution represents lie on two notions: the notion of the state and the notion of man. Thus, French political tradition sees these rights as a universal and natural (or inalienable) benefit of being human. [8]
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic (French: la Constitution de la Cinquième République), [1] and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a 1971 decision of the Constitutional Council. [2]
On 6 August 1942 Vichy government introduced a discriminative law in penal code: article 334 (moved to article 331 on 8 February 1945 by the Provisional Government of the French Republic) increased age of consent to 21 for homosexual relations. This law remained valid until 4 August 1982.
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The French constitution of 4 October 1958 was revised many times in its early years. Changes to this fundamental law have become more frequent since the 1990s, for two major reasons: public projects for institutional modernization; adaptation to European Union and other international law.
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