Demba Talibe Diop v. France
18 March 1991
(Communication No. 2/1989), UN Doc. CERD/C/39/D/2/1989/Rev.2 (1991)
Subject:
Article 5 (e) (i) - Equality in the enjoyment of the right to work;
Article 1 (2) - Distinctions between citizens and non-citizens:
Article 11, paragraph 1, of the French Act No. 71.1130 of 31 December 1971 stipulates that no one may accede to the legal profession if he is not French, except as provided for in international conventions. On this basis a Senegalese national was refused by the French bar on the ground that he was not a French citizen.
Conclusion:
No violation of the Convention: CERD applied Article 1 (2) and held that the refusal to admit a Senegalese national to the French bar on the ground that he was not a French citizen was permissible under the Convention.
(Paragraphs 6.6, 7)