Secularity in France
The principle of Laïcité can transform in-depth the company: in this design, obedience with a religious conviction and its translation in acts do not concern the membership of a pledged religious capacity with the capacity Politique.
In France, secularity appeared:
- with the Revolution: the destruction of the three orders (aristocracy, clergy, third-state) brings the destruction of the clerical influence on the State,
- at the beginning of the 20th century by the fight against catholic hegemony , with in practice the introduction of an public education, religious teaching not being more obligatory in the public schools, and private establishments being under contract with the State.
The law n° 2004-228 of March 15th, 2004 will reinforce the place of secularity in France by prohibiting the external signs " expressing a membership religieuse" openly; , in the establishments of primary and secondary education.
Prolegomenes with independence
The Church gallicane
In France, the origin of the Gallicanisme is in the reaction of the king Philippe Beautiful the with the ambitions Théocratique S of the Pape Boniface VIII.
Thereafter, the gallicanism was formalized in a whole of doctrines of XVe (Pragmatic Sanction) at the 16th century which affirm on the plans legal Théologique and the dependence of the French Église in the State and the superiority of the royal capacity vis-a-vis the theocratic ambitions of the pape.
The edict of Nantes (1598) also marked a big step towards the reinforcement of the royal capacity (Absolutisme) in France, and, according to Pierre Joxe, it contributed to introduce a division of the man, between the public sphere (the citizen subjected to the authority of the monarch) and the private sphere (the religious Croyance).
The gallicanism finds its expression in the charter written by Bossuet on the initiative of Louis XIV. The capacity of the pope is declared purely spiritual, the monarchs cannot be to him subjected. The judgments of the pope on the questions of Foi must be validated by the Church of France and cannot be against the habits of the kingdom. The pope, wanting to avoid a rupture similar to that which Henri VIII had caused in England, is constrained to accept this situation.
The legitimacy of the absolute Monarchie rests on the divine Droit materialized by the sacring with oil of the Holy-Bulb . It could not thus do without Catholicism. It was more expeditious with other worships: in 1685, it is the Revocation of the Edict of Nantes and massacres it Huguenots.
The century of the lights
Although the term itself is more recent, the political idea of secularity appears in Europe at the 18th century with the Philosophie of the Lights which will develop the topic of the separation of the Church and the State. It acts at the time, in monarchical Europe historically of divine right , to thwart this monarchical capacity and that of the Clergé. The questioning of one of the bases of monarchical legitimacy made possible the introduction of modes aristocratic or democratic. The questioning of the clerical authority makes possible a moral release, in particular on the sexual level (Libertinage).
At the same time, develops in France the Jansénisme, a Christian Hétérodoxie whose rigor will have a strong influence on the clergy. Its judgment by the pope will be often rejected like a Ingérence.
In 1785, Louis XVI enacts measurements of tolerance with regard to the Protestants and the Jewish . It is a beginning of recognition of the plurality of the confessions.
End of the monarchy of divine right
During the formation of the constituent Assembly, starting point of the French revolution, the clergy is combined with the Tiers state and votes with him the declaration of the human rights and the citizen of the August 26th 1789.
This one declares: “No one cannot be worried for its opinions, even religious, provided that their demonstration does not disturb the law and order established by the law. ”
The November 2nd Talleyrand, bishop of Autun proposes to use the goods of the clergy to sponge the debts of the nation. This decision involves the divorce between the Revolution and the Catholic church.
The French revolution then tries to control the Church in the State by the civil Constitution of the clergy. The July 12th 1790, it obliges the priests to lend oath to the State and those obtain the statute of Fonctionnaire S. the goods of the clergy are confiscated, the monks “invited” to leave their convents. The objective is clearly to create a Church faithful to the revolutionary ideals.
The pope Pie VI condemns the principles of the French revolution in March 1791. The human rights are also condemned for to grant to the man rights apart from God .
The constitution of 1791 guarantees continuous freedom of worship but to finance the catholic priests and them only.
In spite of many attempts, the revolutionary State will not manage to entirely control the Catholic church. Roughly half of the priests agree to lend oath but only seven bishop S on a hundred and sixty. The priest S which refuse to swear allegiance are named refractory, their proportion is very variable according to the areas. This difference is still visible: old refractory areas remaining more practicing today.
As of 1792, the refractory clergy is persecuted then, with the Terreur, the constitutional Church itself. The same year Condorcet presents to the Convention a plan of organization of the state education based on the principles of secularity.
The civil statue is removed with the clergy to be entrusted to the town halls, which allows the Jews and the Protestants to become citizens with whole share. The Divorce is authorized. Laicization extends to the marriage, with the calendar, teaching and the public assistance.
Although incentive with the dechristianization, the Revolution is shown initially faithful to the principle of the denominational state: Robespierre imposes the worship of the Reason and to be it supreme.
In the west of France, the execution of the king the 2 pluviôse year I (January 21st, 1793) involves the rising of the catholics. It is the revolt of the Chouans.
The situation calms down with dead of Robespierre, and the République establishes the complete separation of the worships and the State by the law of the 2 pluviôse year III (January 21st, 1795): the Republic does not pay any worship .
The two Churches, it refractory and the constitutional one, try to reorganize independently one of the other.
In the year V (1797), by fear of claim royalists, the clergy is again worried and the driven out pope of Rome.
The Legal settlement of the 26 messidor year IX (July 15th, 1801)
It puts an end to the civil wars and nuns which had divided the French.
It founds a distinction between:
- not recognized worships
- and those which are recognized, namely the worships catholic, protesting and Jew (starting from 1808) who profit from certain material advantages like the remuneration of their pastors by the state.
He recognizes the Catholic religion like religion of the majority of the French and ratifies the seizure of the government on the organization of the Church by obliging the clergy to lend oath of fidelity to the government. This one names the bishops who can be translated in front of the Council of State in the event of disobedience and among them, 60 selected among those which lent the oath of the Civil Constitution of the Clergy that the pope declared schismatic .
An organic law (supposed to specify the terms of the Legal settlement) limit still more the role of the pope by reaffirming the charter of the Church gallicane of Louis XIV and by restricting the freedom of movement of the bishops, who do not have the right to meet in assembly. Current the Conference of the bishops of France which is the interlocutor of the Republic for Catholicism, does not have a legal existence.
The Alsace and the the Moselle always profit from this mode, because it were not French in 1905 when the legal settlement was called into question by the law of separation of the Church and the State.
The legal settlement, is with final on many points more unfavourable with the Church than the civil constitution of the clergy. It however makes it possible Napoleon Bonaparte to profit from the total support of the pope, at least until his excommunication in 1806. In 1808, the pope is imprisoned by the Napoleonean army until in 1814.
With the fall of Napoleon, the pope has a very strong prestige near the French catholics (the Ultramontanisme, capacity of beyond the Alps). On the political plan, it is the monarchical and religious restoration. The May 8th 1816 the divorce is abolished. In 1825, the law Villèle punishes of dead the sacrilege and the religious profanation. This objective alliance of the Catholic church and the monarchists will involve the opposition of the revolutionary parties.
In first half of the century, the papal, retrograde diplomacy and being opposed everywhere in Europe to the movements of emancipation of the people, is increasingly contradictory with the action of the French catholics.
Also, with the revolution of February 1848, it seems possible to reconcile Christian and republican. After the riots, a conservative government seizes the power. It is in this context that in 1850, the Loi Falloux makes it possible the religious congregations to ensure about half of primary public education. It also obliges the teachers to teach catechism and to lead the pupils to the mass.
The December 8th 1864 publication of the Syllabus or catalogs principal errors of our time. On the initiative of the pope Black and white IX, this document condemns the principle of the separation of the Church and the State and promotes the recognition of the Roman Catholic religion like religion of state, other than very other.
See too
certificated Mode.
The war of both France
A European reaction of the intelligence
The Encyclique Quanta Cleaned December 8th 1864, sent by the pope Pie IX condemning the evolution of the modern world, accompanied by the Syllabus , collection of eighty “modern errors”, starts a fort running anticlerical who crosses all Europe. After the judgment of the liberal Catholicism, freedom of the press, revolutions of 1830 by the encyclical Mirari Your , a species of overflow is reached which engages among catholics the modernistic Crise and engages on behalf of the governments of the procedures of retortion of which:
For France, that will be especially true starting from the elections of 1879 It is indeed the time of triumphing scientism and the republicans, often free thinkers and freemason or Protestants, recognize themselves like heirs to the Lumières.
In 1880 the law which prohibited work Sunday and the feastdays is abolished, it will be restored a few years later. In 1880, the republic is well established, the pope Leon XIII ends up recognizing by Diuturnum (encyclical): the people with the capacity “can be selected by the will and the judgment of the multitude without the catholic doctrines making obstacle there”.
In 1884, it is the removal of the prayers preceding the parliamentary sessions. The same year, Leon XIII calls with a bringing together Catholiques/Républicains in Nobilissima Gallorum Gens.
During a second time, in spite of some calls to the appeasing of the pope Leon XIII, and the encyclical of the Rallying ( Inter will innumeras sollicitudines , In the middle of so much of solicitudes ), of many catholics radicalize themselves (antirepublicanism of the French Action of Charles Maurras, positions anti-supporters of Dreyfus…)
The public school
The religious, favoured congregations in teaching by the Law Falloux, are then seen like socially useless and harmful entities with the progress of the nation. Thus Leon Gambetta declares that: the freedom of conscience must be assured for all and by all, but that this freedom of conscience initially consists in putting the State and the public authorities outwards and above the dogmas .
November 11th 1871: First certificate of the term secularity in the newspaper the Fatherland .
The March 29th 1880 Jules Ferry, then Minister for Education, expels 5 000 monks of teaching. It is the beginning of an active policy of laicization of teaching.
France already is then honourably taught reading and writing (72% of the new grooms can sign the register of marriage). But still marked by the defeat of 1870, the leaders of the III {{E}} République want to be further giving to the school the task to train good republicans and good patriots.
After the resignation of Charles de Freycinet, Jules Ferry reaches the presidency of the Council. Jules Simon, Minister for State education, assisted Ferdinand Bush, director of Primary school education, professor de Science of Education, then makes primary school education free (the June 16th 1881) and obligatory (the March 29th 1882).
The law on associations (known as law 1901) authorizes the fast creation of any type of associations provided they are not denominational.
In May 1902, with the nomination of Emile Combes with the presidency of the Council, the government strongly takes to a coloring anticlerical.
During the summer 1904, series of measure aiming at fighting the influence of the Church are taken: debaptisation of the streets bearing a holy name of , closing of 2 500 religious schools, systematic promotion of the civils servant anticlericals and revocation of the catholics… The July 30th, the diplomatic rupture with the Holy See is consumed.
A vast secret investigation is carried out by the André minister who joins together vingt-mille cards on the religious practices of the senior officials and of graded armed. The November 11th 1904, the Affaire of the cards is revealed by the press of opposition and the government Combes must resign.
The law of 1905
Although it does not comprise an explicit reference to secularity, the Loi of December 9th, 1905 of Separation of the Church and the State is regarded as the pillar of the laic institutions. It poses the principle of the guarantee by the state of the freedom of religion and Culte of the people and the communities. Its article 2 declares: “ the Republic does not recognize, does not pay, does not subsidize any worship ”.
The partisans of secularity divide themselves then in two camps:
- the first, of tradition jacobine, hope for éradiquer the influence of the religions on public space and promote a policy clearly anticlerical (Combes), even antireligieuse (Allard).
- the seconds want on the one hand to affirm the neutrality of the State, on the other hand to guarantee the freedom of conscience of each one.
Whereas the first dominated the debates until the business of the cards, the law of 1905 is the work of the personalities of the other camp But this other camp, which wants to respect the freedom of conscience and worship, also divides between those which want to do it within the framework of universalism abstracts republican (Bush, Clemenceau) and the accommodeurs Jean Jaurès, Pressensé and especially Aristide Briand who will make adopt article 4, of Anglo-Saxon origin, which gives the churches to those “which conform to the general rules of the worship of which they propose to ensure the exercise” (what, indirectly, respects the hierarchical organization of the Catholic church). Wanted like a law of appeasing, it is intended to put an end to more than twenty-five years of tensions between the Catholic church and the Republic.
- no worship must be privileged,
- the State does not have any right to watch on the organization of the Churches and the religions but requires the formation of associations which will be the interlocutors of the Republic,
- more generally the public authorities prohibit any intervention, positive or negative, in the religious questions, which changes preceding mode radically (Legal settlement, recognized worships).
The State remains guaranteeing freedom of each one to exert religion in the respect of the others. It is not thus a question at all of limiting the religious practice (to take again recent problems, it is not question for example of prohibiting the wearing of religious symbols!) It is in this spirit that certain provisions which are décriées, by the most radical laymen are envisaged:
- exemption from payment of the provision of the religious buildings by the communes.
- creation of chaplaincies in the barracks, colleges, prisons, hospital…
On the financial plan the law appears however hard for the Churches:
- the worships must have as a legal framework of pertaining to worship associations,
- these associations pertaining to worship should fulfill any other role (neither caritative, neither of teaching),
- they can collect neither gifts nor legacy,
- they are primarily made up the laic ones,
- they manage the goods confiscated with the Church, which become state-owned property.
- the ministers of religion are not paid any more by the State.
Especially the law puts an end to the idea of “France oldest daughter of the Church”. She is thus greeted by partisans of a destruction of the religious fact (short speech of Rene Viviani with the room), but perhaps those make “against misfortune good heart” because, like writes it Jacqueline Lalouette, in her thesis of doctorate of State on the freethinking, the law of 1905 “was unaware of their most expensive wishes” ( the freethinking in France 1848-1940 , Albin-Michel, 1997, page 269).
Accommodated broadly well by the Jews and the Protestants (See Wilfred Monod), the law was fought by the pope Pie X (encyclical Vehementer Our February 11th, 1906), of the faithful catholics (sometimes external with the Church as in Paris with the French Action) and of the ecclesiastics are opposed to certain places violently with the inventories of 1906 which were sometimes carried out with a petty zeal (cf on this subject P. Cabanel in the work directed by J-P. Chantin, the separation of 1905, editions of the Workshop). But, president of the Council, Clemenceau quickly decide to only make inventories where there would be no resistance. In January and March 1907, two new laws are taken under the aegis of Briand (minister of religion) not to create a “offense of mass”, in spite of the catholic refusal to apply the law.
Benefitting from the religious liberty, 200 catholic pertaining to worship associations develop apart from the Roman hierarchy. They gather within the Secretariat of Catholic Pertaining to worship Associations. They are aggressively fought by the preserving catholics. Under pretext of bring back the law and order, the churches which had been entrusted to the clergy gallican are gradually withdrawn to him. Because of absence of support of the State (not to be sharp with the pope more), the movement disaggregates then slowly. Catholicism gallican will only remain where the faithful ones will have the means of building their own churches.
The pope having prohibited faithful from creating pertaining to worship associations, the government agrees 1924 to authorize the creation of associations diocésaines which are they made up of ecclesiastics and subjected to the authority of the bishop. The July 8th 1941, a law allows pertaining to worship associations, after administrative authorization, to collect gifts and legacy. This provision marks the end of the dispute of the law by the episcopate.
In the long run, the law of 1905 was recognized like overall beneficial for the Roman Catholic church, since it removes with its adversaries one their principal arguments, i.e. its unverifiable financial power. In addition, the ministers of religion and in particular the bishops thus gained in independence compared to the administration. Finally the mode of attribution of the administrative authorizations and quasi the monopoly of pleasure of the religious buildings will enable him to limit the appearance of competitor worships.
Exceptions
Lastly, it is advisable to recall, which in addition to the Alsace-Moselle, three French territories have a derogatory mode:
- islands of Wallis-and-Futuna, subjected to the old mode with a Catholic church officially in charge of teaching;
- with Mayotte, in the Comoros, with population mainly Moslem, “the principal religious authority - the Muphti -, is indicated by the prefect which names also judges - the Cadi S, charged with into force applying the Moslem right concerning the personal status”. According to the principles of the “organization of indigenous justice”, the Charia (Islamic law) there governs the civil life. However since the decree of June 1st 1939, the Lapidation does not have any more course with Mayotte.
- In Guyana, “the mode of the worships which goes up with Charles X recognizes only the catholic worship, of which priests, and they only, are financed by the department. ”
Constitutional secularity
Secularity is called into question under the mode of Vichy, which supports catholic teaching, recognizes the congregations and subsidizes the private school.
With the release, the secularity of the State is marked in the constitution of 1946 then of 1958.
The women reach the right to vote (April 21st, 1944); it had been fought a long time by the radical lefts which, fearing that the women are influenced by the priests, had been paradoxically combined to the catholic conservatives on this subject.
In 1951, under the pressure of the Association of the parents of pupils of the private school, the law Marie and Barangé (taken of load by the State of the school fees of the pupils of private) is voted. These laws sound the end of the “Third Force” (left coalition and of right-hand side). It is to date, the polemical large last who saw to clash right clerical against laic left.
In Algeria, as in the other colonies, secularity is not applied.
Secularity today
As the strong opposition in 2003 of France proved it to the steps of the Catholic church and other countries (catholic or not) to mention “religious” heritage in the project of European Constitution, the question of secularity remains always a significant problem.
The minister François Baroin (then appointed) wrote a report/ratio where he preaches a “new secularity” like value of the right-hand side; personalities like Governed Debray or Jean Baubérot require that secularity answer the new challenges of the 21e century, for example, by promoting a state education of the “religious fact” at the school and while dialoguing with other secularities (cf the work published in September 2005 with the editions of the Paddle: Of the separation of the Church and the State in the future of secularity ). Others want the maintenance of a “republican secularity” specific to France and central value of the Republic.
Teaching
In France the debates crystallized around the relationship between teaching and the religion.
Secularity such as it is applied in France, is incompatible with the existence of one or more religions of State.
Historically, teaching was ensured by the clergy in medieval France. The creation of a public school and layman will be thus a big step of the fight of the State against the Churches, before and during the separation of the Church and the State. The statute of the private education (the “free” school), mainly ensured by establishments related to the Catholic church, and in particular its financing by the tax, remains a sensitive topic still today. Disputed since a few years (" business of the scarf islamique" in 1989), the “signs open” of membership of a religion (but so political or another culture), i.e., inter alia, the Islamic veil, the large Christian crosses, the kippas and the turbans sikhs, are prohibited at the public school since the vote of a news law.
The place of the study of the religions in the school programs is also matter with debates: the laic ones of the current eradicator fear the reintroduction of religious teaching by this skew while the clerical ones consider it regrettable that it is not one.
1984 Abandonment of the project Savary of Great laic public service unified of state education and resignation of the Minister for state education after the gigantic demonstrations of the defenders of the private school.
Islam
Since about thirty years, Islam became a religion increasingly present in the company (see the article Islam in France). The presence of its followers in the republican institutions raises today a certain number of debates, and this for several reasons.
The majority of the citizens of Moslem confession come from the old colonized territories where the law of 1905 never applied. During colonization, the governments were regularly pressed on the traditional chiefs, generally traditionalists as regards religion. See Bachaga Boualem
Principal fear is the development of a political Islam, which would weigh in the French political debate. This development seems confirmed today with the appearance of political leaders who, like Tariq Ramadan, want to be mediators between Islam and the Western Companies. Also, France has known for now several decades of the difficulties such as the housing shortage, discriminations or the precariousness of employment. Following these many social problems, it would seem that the extremes gain ground. This tendency was checked by the rise out of arrow of the presidential F.N to the election of 2002 but also by the development of a fundamentalist Islam mainly in the most underprivileged districts.
This fear is exacerbated in the public opinion by the caricatural presentation of Islam in the media, like by real drifts on behalf of certain islamist tendencies. These tendencies in particular try to infiltrate in the districts by the means of a complex associative network. In parallel, of many Muslim associations know misfortune to be too often compared to the extremists for the only reason to belong to the same religion. There is a clearly posted drift because there or the Pierre Abbot gained the sympathy of the media and of the opinion, Muslim associations are often shown of proselytism and communautarism for a work similar to that of Emmaüs.
Islam is, like all the religions, compatible with republican secularity. However, of many tendencies wish to weaken secularity in order to give to the religion a real political weight instead of being maintained by secularity in the strictly private sphere.
It is the direction of the law of March 15th, 2004 which, clarifying the law of 1905, only confirms prohibition in the public schools (thus neither in the private schools, nor in all the other public places; moreover, “school” is heard here strictly and relates to only teaching to the college and thus does not apply to the university, the law having for aim of protection the minors against the abuses of the pupil, generally pushed by his family, made in the name of the freedom of religion) of the wearing of ostentatious signs (translating a political will and either nun). Concretely, during the maintenance made compulsory by the law with the pupil carrying such a sign, the personnel of education must determine which is the sought-after goal by this port. If the goal is not political, but only religious, then the pupil must be able to accept a compromise concretely (, to carry a discrete bandana to hide his hair instead of a veil; a veil recovering the face being in any event prohibited).
This law makes following a series of legal affairs in front of the Council of State to remove clauses of rules of procedure prohibiting the port of the veil in the enclosure of the school. For example, in October 1989 a schoolgirl was expelled with Creil because of the port in class of a Islamic scarf.
For the adversaries of this law, it is the proof that France does not respect the freedom of its citizens. In preparation for the re-entry 2004, the UOIF (Union of the Islamic organizations of France) which represents the majority component of CFCM (French Conseil of the Muslim cult) recommends to the young girls to be presented in the schools in the behavior that they will have chosen and promises of extra teaching to those of them which would be excluded because of law. CFCM is in the embarrassment in front of this declaration which does not give an account of the opinion of all its components.
August 20th, 2004, two French journalists (Christian Chesnot and Georges Malbrunot) are removed by the Islamic army in Iraq , in the south of Baghdad. The kidnappers claim the abrogation of the law on secularity at the qualified school of “ injustice and aggression against Islam and personal freedom in the country of supposed freedom ”. Within the framework of the demonstrations, several young girls even unite at the requests of release proposing to withdraw their veil to alleviate the tensions. Quickly, the claim of the kidnappers leaves the field of the veil to center itself on a traditional ransom demand.
The public school and republican is free, laic and obligatory, as defined it Jules Ferry. The free public school is a service that the laic and republican French State, places at the disposal of its citizens (some are their religious convictions). The separation of the Church and the State and the principle of secularity want that the public school is with the image of the State which places it at the disposal with knowing laic and not proselyte. One teaches there the history which touches with the religions as well as the philosophy which touches there in the same way but the place is not appropriate for the proselytism or the expression of a religion or of any ideology. Secularity makes it possible each one to choose its beliefs and to respect them but the interdict in the republican institutions such as teaching. Since 2003, Those which would wish to express them at the school have paying private establishments which are free to authorize or to even impose the wearing of religious signs and the courses of religion if they wish it. This again poses the problem of the economic and social inequalities in France: the access to the studies will not be possible that for the atheistic or sufficiently easy people to finance them in the private one. Within the framework of the law of separation of the church and State, the republic could not finance these establishments since it does not subsidize any worship. The religious institutions must thus finance they same the exemption from payment of their services if they wish it, which again poses to the problem of equality enre the citizens who when they are atheistic profit directly from this exemption from payment by state education.
Generally, the promoters of secularity wish only the peaceful coexistence between the republican State on the one hand and the religions on the other hand. However, of many religious tendencies wish to be introduced into the State and to recover with their profit of the kingly fields in particular education. The French state has front this threat (real or not) to propose a law, which excluding from the state education at most a hundred girls would be supposed to regulate the problem of the integrism in France. The opponents with this law see a demagogic electoral handling there aiming conquering the voices of Front National and at choking the claims of the teachers at the time of the strikes of May and June 2003 (largest since May 68).
The European Cour of the human rights has, on its side recognized on November 10th, 2005, the prohibition of certain vestimentary codes to protect the equality between the men and the women and to prevent the pressures which could be exerted against the young girls who would refuse to subject themselves to these vestimentary regulations. - Business LEYLA ŞAHİN against TURKEY (Request No 44774/98) - Refusing to give to justice the means of directly condemning the guilty people of these pressures, the pressure is thus from now on on the women having freely chosen to wear the veil.
Sects
The Law Butt-Picardy of 2001, aiming at fighting against the Sect S, classifies these movements not only according to their potential dangerosity but also according to their religious nature. For the defenders of the law, it acts contrary to condemning practices, without coming to a conclusion about the beliefs. Juridically the law creates an offense of breach of trust and State of weakness which supplements the French legal arsenal in the fight against the sects. In the facts, the sects have practices juridically condemnable (extortion, illegal exercise of medicine and pharmacy, ill treatment on the children) but dissimulate these practices behind the freedom of conscience and religion, constitutional law. It is difficult, for example to withdraw with a relative follower of a sect the guard of his child even if this relative endangers his child by imposing a food mode or special religious practices to him (Raéliens militate for the lowering of the sexual majority at the 14 years age). Same manner, it is difficult to regard as an extortion the fact that a follower freely decides to pay astronomical sums in the name of his religion. The law Butt-Picardy makes it possible to better take into account these offenses. The law also makes it possible defense associations against the sects to go part civil. Indeed, in the businesses of sects, the former followers hesitates to carry felt sorry for because of pressures exerted over them and the psychological weakening which characterizes a former follower. They prefer " to pass to other chose" as soon as possible rather than to engage in a long and painful legal procedure and which has few chances to succeed.
Ambiguities
of tradition
-
the constitutionally laic countries have certain religious traditions which perdurent, like bank holidays similar to the catholic festivals,
- the Concordat and the organic articles with the Low-Rhine, Haut-Rhin and the Moselle as well as the subsidy of catholic private schools in the French example.
Always in the French example, the law of 1905 admits a special statute (and it is even its object) with the pertaining to worship associations in the hope to distend the bonds of these associations, intended for the management of the goods held or bequeathed to the religions, of the religious institutions themselves; other associations are under the law of 1901. The difference relates to the tax statute. Alsace and Lorraine are under the mode of the recognized worships, Mayotte has a special statute and with the Meeting, the civil statue is not held by the administration of the Republic but by the churches.
of step
To legislate on the open religious signs is an interference of the State in religious affairs (for example in Turkey and France). The design according to which certain French is defined compared to their Religion to take advantage of rights is an interference of the religious affairs in the public sphere: respect of the food interdicts in the canteens, absenteeism of the girls at the time of the courses of swimming within the school framework, dispute by the pupils of the courses of Philosophy and biology as they would be contrary with the dogma, time beaches exclusively reserved to the women in the public swimming pools (notwithstanding the screening of the windows), consultation obliged by a Médecin of female sex to the Hôpital, wearing of ostentatious religious signs to the public school, creation of reserved spaces in the municipal cemeteries, sacrificateurs entitled by a religious organization approved by the State practitioner the demolition of animals.
In the business of the college Jean Zay d' Aulnay-sous-Bois, where Yamina Jeouit was provided education for, the Council of State dated November 27th, 1996 judged that the port of a sign Religieux introducing an ostentatious character and who would have disturbed the order in the establishment was interdict in the species.
This jurisprudence is from now on without object since the vote of the Loi n° 2004-228 of March 15th 2004 framing, pursuant to the principle of Laïcité, the wearing of signs or behaviors expressing a religious membership in the schools, colleges and public lycées.
The European Court of the human rights, itself, recognized on November 10th, 2005, the prohibition of certain vestimentary codes to protect the equality between the men and the women - Business Leyla Şahin against Turkey (see supra ).
of equity
The right is recognized to the Témoins of Jéhovah to refuse the blood transfusions if their health condition the advertisement. Generally, jurisprudence considers that the patient must grant the medical care prescribed by the doctor, whatever the sound tallies of exercise. An analog latitude is refused with the Moslem patients of confession who ask for a consultation with a lady doctor. Even if of course, it is noted that in the 1st case it is about a refusal pure and simple that an medical act is practiced on the patient while in the second it is about a discriminatory suitability and who could involve serious problems in the organization of work of the medical personnel. Moreover, with regard to the right of the Témoins of Jéhovah to refuse the blood transfusions (law of March 4th, 2002), jurisprudence recognizes with the doctors the right to transfuse a patient against his liking, if the vital prognosis justifies it (ordinance of the August 16th 2002 of the Council of State).
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