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Secularism In France

Motto of the French Republic on the tympanum of a church.

Secularism in France is a principle History

From the Revolution to the Constitution of 1958

The principle of secularism has taken shape for the first time during the French revolution : the abolition of the old regime in August 1789 was accompanied by the end of ecclesiastical privileges and the affirmation of universal principles, including freedom of conscience and the equality of rights expressed by the Declaration of Human Rights.

In the nineteenth century, the laws of secularization have gradually freed the state 's historical ties with the Catholic Church and created new political and social norms built on the principle of republican universalism. This process, which took place in a larger movement associated with modernity , told the sovereign people redefining the political and social foundations: government executive , legislative and judiciary , the State organization, its components and its representations , the education , rites of civilian life, the evolution of law and morality , etc.. regardless of any dogma, religious. The Third Republic has recreated including the organization of school system , establishing public education, secular and compulsory ( Jules Ferry laws ). This process culminated in the law on separation of Church and State in 1905 , which marked the culmination of secularization affirmed.

Throughout the twentieth century, the state has legislated and secularism generalized by designing new rules of law concerning the family and the individual. With the French Constitution of 1958 , now based on secularism and republican pact guarantees national unity.

Secularism contemporary

Secularism now largely exceeds the partitioning of politics and religion and freedom of worship in the strict sense. For two centuries, it is at the heart of many changes in civil life, and raises important debates. If, according to the will of the grantor, it is unity for the nation, it can also crystallize the opposition of those who prefer to emphasize their belief or, more generally, their "right to be different . However, under the principle of secularism, the Republic agrees not to stigmatize a particular religion or particular group of believers, to concentrate exclusively on the general rule of law and religion which violate the .

Over the texts and jurisprudence, the state is rather flexible in terms of secularism in the civil sphere, under a spirit of conciliation and a sympathetic consideration of religion, while remaining steadfast in the sphere policy. According to Philippe Segur , separation intended by the 1905 Act and the Constitution continues in effect in a particular form: "if there is a possible material implication of the State in religious matters, the domains of politics and religion must remain ideologically watertight

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Authorities and official reports on secularism

Baroin Report - May 2003

The Vice-President of the National Assembly, Baroin , reported to Prime Minister Jean-Pierre Raffarin , in May 2003, its report entitled Towards a new secularism. The mayor of Troyes (and UMP - presidential majority) and highlights the issues related to secularism moved from the religious sphere to the sphere of culture and identity.

The paper concludes by sixteen proposals, including creating a code of secularism that would consolidate existing texts .

Stasi Report - December 2003

The French president Jacques Chirac - 2003
Main article: Stasi Commission.

In July 2003, the President of the Republic, Jacques Chirac , asked Bernard Stasi to open a public debate on the principle of secularism. The Stasi Commission has officially known Commission debate on the principle of secularism in the Republic.

The Committee was composed of twenty members from various backgrounds including Jean Bauberot , Regis Debray and Henri Pena-Ruiz. During the construction period, the press has largely polarized on the Islamic headscarf.

The commission submitted its report to the President of the Republic on 11 December 2003. She said the vast majority of French people is committed to secularism, "which is based on national unity, a value which brings together, at the same time a guarantor of individual freedom .

In response to that report, President Chirac has called in a speech on 17 December 2003 the French to rally around the principle of secularism, "the cornerstone of the Republic, harness our common values of respect, tolerance, dialogue .

Document

The report, after a history of secularism in France, describes his two main principles: the neutrality of the state, which requires the Republic to ensure "equality before the law for all citizens without distinction of origin, race or religion, and freedom of conscience with its variation in particular freedom of worship. It notes that tensions can arise between these two poles are the neutrality of the secular state and freedom of conscience, including religious expression; executives of these tensions are primarily military, prison, hospital and school.

The Committee also calls for " reasonable accommodation "that is to say the answers can be given to situations that are beyond the scope of the 1905 Act (licensing of building new places of worship, management catering menus, meeting the requirements related to the main religious festivals, funeral rites, or religious instruction ). It recognizes that the implementation of the principle of secularism has not yet allowed to fill gaps equality between believers or between them and the atheists , rationalists and free thinkers.

The text includes numerous examples of breaches of secularism on the part of users in public places, on behalf of their belief. The Committee notes that the foundations of the social pact are undermined: the Community fold develops, the situation of women and girls is declining in some places ("the situation of girls in cities is a real tragedy"), the Racism against Muslims, the anti-Semitism and xenophobia are increasing.

It offers solutions (or status quo) to these findings, especially in schools, including:

  • Solemnly adopt a charter of secularism that would be delivered on different occasions.
  • Legislate for that space remains a place of academic freedom and emancipation, banning outfits and signs expressing a political or religious affiliation - private schools can adopt if they wish, rules equivalent to those institutions public education, and these inspire proposals under the law on religious symbols in public schools of 15 March 2004 .
  • Make religious holidays Yom Kippur and the Eid al-Adha holidays in all schools of the Republic.
  • Create a legislative requirement recalling mix in public places, including public sports facilities.
  • Give current free-thinkers and humanists rationalists equitable access to public service television.

Rossinot Report - December 2005

In December 2005, at the centennial celebration of the 1905 law of separation of Church and State , Nicolas Sarkozy has appointed a working group chaired by Andr Rossinot Mayor Nancy and president of the Radical Party , a mission study on secularism in public services.

Machelon Report - September 2006

The Committee Machelon submitted its report to the Minister of Interior on 20 September 2006. Founded in October 2005, the commission was asked to conduct a legal analysis on the 1905 law and the relations of religion with government.

The report, The Relationship of religion with government, was presented by the French documentation in the following way:

"After a brief overview of religion in France, highlighting major changes since the adoption of the law separating church and state in 1905 (sic) proposals to adapt the law of worship. These proposals cover the following areas: the question of property and building places of worship, the legal status of religious associations, the church square in the cemeteries. Are also examined: social protection for ministers and special regimes of Alsace-Moselle and Guyana . "

Observatory of secularism

In March 2007 is hereby set by the Prime Minister, an Observatory of secularism. This forum is intended to assist the Government in its efforts to respect the principle of secularism in public services.

To date (November 2008) members were not named and therefore the Centre has not yet begun its work. Their debut is scheduled for November 2011.

Secularism in Education

Condorcet , Victor Hugo , Jules Ferry , in particular, labored to create a secular school that welcomes all children without distinction of origin, sex or spiritual option of their parents, the principle of equality is accompanied a concern for the universal in the subjects taught, and a total independence from pressure groups or religious ideology. "This independence of the school is the condition of its liberating mission, and its role of preparing for a common civic space . "

The creation of a secular public school and the nineteenth century is an essential step of secularism in France. It passes through the monopoly of the conferring of academic degrees, on non-religious criteria, then, since the Act of March 18, 1880 . The school is still the place where secularism is shaped and tested, both laboratory and place of practice of secularism, it reveals the tensions, paradoxes and successes of the republican ideal.

Public Education

Sticker edited by PS during demonstrations in January 1994

The public school is free and secular service that the French state provides its citizens, whatever their beliefs or their beliefs, the principle guarantees the right of access of everyone to education.

Paragraph 13 of the Preamble to the Constitution of 27 October 1946 , included in the block of constitutionality of the Fifth Republic , provides that:

"The nation guarantees equal access for children and adults to education, culture and training. The organization of free and secular public education at all levels is a duty of the state. "

The separation of Church and State and the principle of secularism want the public school is a reflection of the state, and make available knowledge and secular non-proselytizing. You can teach history and philosophy which touch on religion (called " religious instruction "), but the place is not suitable for proselytizing or expression of a religion or an ideology. Meanwhile, the "secular" asked the student not to abandon its culture, the religion of his parents or his identity, but to stand when it comes to science, history or politics, point of view of the universal, abstract forces, defined by reason and the public interest.

Port of religious symbols by pupils

Young girl wearing the hijab
Young girl wearing the niqab
Act of March 15, 2004

Secularism in schools is to ensure freedom of conscience of students and a serene atmosphere for the training of future citizens immune to the pressures of all kinds, philosophical, religious, partisan groups or communities. In this spirit, limitations on freedom of expression have been imposed on students.

Under various names (case of the veil, the hijab, the headscarf, etc..), A debate on the issue of Islamic headscarves in schools was born in France in mid-1990.

Supporters of the veil - some Muslims and defenders of individual liberties - through invoking secularism freedom of conscience, principle of the Declaration on the Rights of Man and Citizen of 26 August 1789. Those who advocate the neutrality required of students also called for secularism, seeing in it the character of neutrality and equality they believe are essential to education:

"We need students to have the pleasure to forget their home communities and think about something other than what they are able to think for themselves. If we want teachers can help them, and the school remain what it is - a place of emancipation - the membership should not make the law school. "

- Elisabeth Badinter , Rgis Debray , Alain Finkielkraut , Elisabeth de Fontenay , Catherine Kintzler - Le Nouvel Observateur - 2-8 November 1989

This debate was finally concluded by passing a law on 15 March 2004 which prohibits signs "conspicuously manifest a religious affiliation" in primary schools and secondary schools. This law applies only to public schools and not about private schools, which are free to allow the wearing of conspicuous religious symbols, which may give the impression, according to the Federation of Parents' Councils , of "secularism at two speeds .

The text of the legislation inserted an article in the Education Code:

"In schools, colleges and public high schools, the wearing of signs or dress by which pupils overtly manifest a religious affiliation is prohibited. The rules shall state that the implementation of a disciplinary procedure is preceded by a dialogue with students . "

French law is recognized by the European Court of Human Rights , which affirms a ruling in December 2008: "Secularism is a constitutional principle, founder of the Republic, which all of the population adheres to and including the defense seems essential, especially at school . "

The High Authority against Discrimination and for Equality (the Halde) was written by a parent of a student belonging to the Sikh a complaint about the exclusion of his child from a school on the grounds he wears a turban or under-turban. Halde recalls that in its deliberation by the Council of State, wearing a Sikh turban deputy can be described as discreet sign and the port of this sign is contrary to the provisions of Article L. 145-5-1 of the Code of Education . Accordingly, the panel of the High Authority has found no evidence to establish the existence of discrimination against the student .

The difficulty of the legislature and custodians of the public authority in such cases is to compose based on the principles of freedom on the one hand and secondly, from the general interest through rules that suit everyone.

"We can not conceive of secularism from the only freedom of conscience. The equality of believers, atheists and agnostics is equally constitutive. . "

Port of religious symbols by teachers and parents

Under the principle of neutrality of public service education, a corollary of the principle of secularism, public education personnel are not allowed as part of their mission, so conspicuously manifest their religious beliefs. This principle does not distinguish between public service employees according to whether or not charged with teaching duties.

Parents of students as users of a public service, are free to fly for their holding they wish within the confines of the institution (when they come pick up their child for example) within the limits inherent in the proper functioning of public service, and provided you do not disturb public order.

We wanted to extend the rule that applies to employees of public education to parents with a mission volunteer basis in the school setting; the border is still unclear. In November 2006, in response to an oral question from Senator Alima Boumediene-Thiery , regarding discrimination on the part of state officials to students' mothers veiled Christian Estrosi , Minister for the Regional Planning, said:

"It seems that the parent supervising extracurricular activity, under the responsibility of the teacher in charge of the class is treated as an occasional contributor of public service, which requires him to respect the principle of neutrality to be observed by all public official as part of its functions . "

The Federation of Parents Councils in public schools for his part said that "the Department has consistently confirmed that the law applies only to public school students .

In a resolution in June 2007 , the Halde gives his position on this subject:

"Neither the principle of secularism, nor that of public service neutrality precludes a priori that the mothers of students wearing headscarves collaborate in their capacity as parents, the public service of education in the context of educational activities and field trips, the principled refusal appears likely to characterize discrimination in access to a volunteer activity based on religion . "

This position has resulted in December 2007 a reaction on the part of a collective ( Licra , Ni putes ni soumises , SOS Racisme , Grand Orient de France , Committee secular Republic, Union of secular families ...) in an article published by Libration :

"Endorse the presence of chaperones to discriminate themselves by wearing distinctive signs indicating a political choice and / or religious, is to forget the value of exemplary adult in the eyes of the student. For over a century, the Republic and his school require teachers and educational personnel must remain silent and a strict neutrality in order to protect children from all propaganda and preserve freedom of conscience emerging . "

Study of religion

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History of religion: Christians of Jerusalem to Saladin scrolling by Franois Guizot

In March 2002, Regis Debray handed to Jack Lang , Minister of National Education, a report on the issue of religious instruction in secular schools .

For Jean Boussinescq, the Rationalist Union must specify how secularism is presented in teacher training. He said secularism includes three sets: the institutions, that is to say, the general framework within which all forms of spirituality, religious or not, may register; secular philosophies and ideologies - when the first case of the headscarf In 1989, two opposing philosophies lay a third from the Council of State - and a widespread mentality lay around the notion of "implicit secularism." He also cautioned about "possible aberrations, such as the dissemination of booklets precipitated School" in which the teaching of religion in religious education pays .

The place of religious study in the school curriculum (from sixth grade to ninth grade) is matter of debate: some current secular fear the reintroduction of religious education in this way while some among the clerical regret that this did not become a .

Several questions arise for teachers: How not to discredit the children who have no religion, when the program focuses on monotheism? How to remain absolutely neutral and does not get his own convictions (even unconsciously) in his presentation? How to avoid excesses in communal courses? Should You read the texts of a religion by one who adheres ?

As for students, the assessments seem positive, even though secularism is understood as a rather tolerant of religious diversity . For Jean-Paul Willaime , director of the European Institute of Religious Sciences , this' positive perception of religion must be tempered. Because only one third of students believe that religion is an important topic . "

Chaplains in public schools

For the 1905 law , secularism does not mean anti-clericalism or indifference of the state. It provides for the existence of chaplaincy and support state and local funds necessary to "ensure the free exercise of religion in public institutions such as schools, colleges, schools, hospices, nursing homes and prisons "(Article 2).

For the Federation of Councils of Parents of public school students : "It is . "

Religious holidays are not included in the school calendar

Religious festivals provided by the school reflect the historic Catholic tradition in France. The proposal by the Stasi Commission to add to the list of holidays Yom Kippur and Eid al-Adha was not retained, but the possibility of an ad hoc grant of leave of absence is allowed. The texts indicate that such permits may be granted "for the students' major religious holidays that do not coincide with a day off and the dates of which are recalled each year by a statement published in the Official Bulletin .

School Feeding

In October 2007, the city of Lyon announcement will provide menus with or without meat for children attending school canteens, as of fall 2008. This "solution" was found to satisfy the Muslim parents whose children attend religious dietary regulations, and those who oppose meat halal in canteens, in the name of secularism .

The director of SOS Racisme Rhne welcomed the decision as "a victory of secularism on religion." For the magazine Marianne , "is a matter of perspective .

In February 2008, the association of women Feminist Perspectives, chaired by Michelle Vian, decided to attack the city of Lyon to the Administrative Court. For her, it is a "submission to demands from elsewhere, foreign or hostile to the mission of the school .

Private education

Private school Royre ( Creuse ) in 1906
Main article: Private schools in France.

The status of private education (mostly provided by institutions linked to the Catholic Church) and in particular tax financing, remains a sensitive issue. Until recently, this topic has been the subject of heated debates between supporters of the monopoly of public education and advocates of free school , who consider academic freedom as a natural consequence of freedom of conscience, expression and association.

In 1951 , under pressure from the Association of Parents of private school (Apell), Mary and Barang laws are enacted. The first, prepared by the Minister Andre Marie , wants to allow private schools to receive grants from the secondary. The second law, named after its first signatory, Charles Barang , wishes to attribute to families where one child attends a private elementary school an allowance of 3,000 francs per child per year. Many people see in these texts a blow to free and secular school.

These laws sound the end of the Third Force (a coalition of left and right). This is, to date, the last great controversy that has seen confronting right clerical and secular left.

1984 saw the abandonment of the project Savary Grand unified secular public service of National Education and the resignation of Minister of National Education, after the protests of advocates for private school .

creationism in schools

Caricature of Charles Darwin - 1871

The issue of teaching creationism does not appear to arise in France (unlike Serbia, Italy, Germany or the Netherlands , for example).

In February 2007 a book called the Atlas of Creation, is distributed to thousands of copies to schools and universities, as well as educational resource centers. The conclusion of this voluminous book is illustrated very revealing: "creation is a fact" and "evolution is a fraud . Its author, Adnan Oktar (Harun Yahya or) is one of the central figures of creationism in Turkey. The Ministry of Education immediately asked to withdraw the book from schools, "because none of the qualities of rigor required for teaching was present in this book .

Territories derogating from the national education system

Alsace-Moselle

Trust German since the end of the Franco-Prussian War in 1871 , the region is still under bankruptcy regime when he regains the French in 1918 at the end of WWI. The Ministry of the Cartel of the Left led by Edouard Herriot attempts to enforce the 1905 law to Alsace-Moselle, but it fails to clerical resistance .

Religion is taught in the departments of Moselle , in the Haut-Rhin and Bas-Rhin , a compulsory primary school and college. The student may be excused upon written request of parents at the beginning of the school year. In case of exemption, elementary students attend courses in "legal". College students are simply taught courses. In some institutions (especially vocational schools) course religion is called "religious facts". Teachers of Catholic and Protestant are formed by the two theological faculties corresponding (fueled by public funds). Some teachers in public education of first-degree congregations.

The local school status is regularly branded as an aberration under the principles of secularism. The rule of equality among students is upset, status discrimination factor for non-believers and students referring to a religion other than the four recognized religions (Catholic, Protestant, Reformed, Lutheran Protestant, Jewish). In addition, parents must make a written declaration of their membership or not one of the four denominations, which clearly goes against the constitutional principle of secularism.

For the philosopher Henri Pena-Ruiz , the example of Alsace-Moselle demonstrates that "the interdenominational nature of the public sphere fails to conform to democratic equality as freedom of conscience .

In 2001, a decision of the State Council said that the only obligation of religious education in the territory of Alsace-Moselle returns to the organization by the State. He acknowledged however that parallel the course of religious instruction is not contrary to the Constitution of 1958, particularly in relation to the principle of secularism .

In 2003, the Stasi commission , without returning to the local exception, offering amenities:

"The commission believes that reaffirmation of secularism does not lead to questioning the special status of Alsace-Moselle, which is particularly committed people in these three departments. A development it seems necessary, however. Should be considered any measure to affirm the equality of believers, atheists and agnostics. The current practice, which requires parents to make a specific request to have their children excused from religious instruction, could be modified. . "

The Stasi report may, at this point be described as "ambivalent" the derogation of Alsace-Moselle is considered by the Greens , for example, as an ambiguity , when Xavier Ternisien regret it is not extended to other religions .

Wallis and Futuna

In educational terms, the territory has the status of Vice-President. Primary education is fully licensed by the State, as part of a public service mission, the Catholic Diocese of Wallis and Futuna. The State finances all expenses related to such education (teachers and functioning).

Related article: Wallis and Futuna.

Secularism for the family and the individual

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Women's rights and secularism

For the philosopher Elizabeth Sledziewski, "Revolution is the historical moment of the discovery by the western civilization that women can have a place in the city, not just in the domestic order". Michle Vians (author of A veil the Republic ), taking the affirmation of Condorcet 'that men can be free and equal if half the human race is not released from its shackles secular "says that thanks to secularism," the women go' s franking by the weight of religious claims to freely dispose of their bodies, their minds and having control over their desire for children . For her: "The French secularism offers the best guarantee of equality between the sexes . "

Marriage

Wedding in Paris - 2007

In 1804 , under the Civil Code:

"Art. 213 - The husband owes protection to his wife, the wife must obey her husband.
Art. 214 - The woman is obliged to live with the husband and follow him wherever he sees fit to live .

In 1970 , the concept of family head is removed from the Civil Code .

The equality of spouses became effective with the law of 23 December 1985 on the new reform of matrimonial property .

In France, spousal rape is a crime, it also became an aggravating circumstance since the Act of 4 April 2006 .

Political rights

On 21 April 1944 , women's access to voting , it had long been opposed by the radicals of the Senate, fearing that women are influenced by the priests, had paradoxically allied with conservative Catholics on this issue. "The radicals are afraid of us, "said Hubertine Auclert. Thus, one of them, at the sitting of the Senate of 23 June 1932 :

"Catholic voters may be children on their knees when it comes to the priest for religion, but they are quite often people stand when they exercise their political rights. For women, you know, it is quite another. Even when they are not very Catholic, they are influenced by Catholic priest . "

In 1999 , the Constitution incorporates the principle of parity. In 2000, the parity law provides for equal access to political men and women.

Civil liberties

Demonstration in Paris for women's rights - 1995

According to the Stasi Report (2003) , threats loom large on the individual freedoms of women in certain neighborhoods. According to investigations and hearings conducted by the commission, the politico-religious communal groups developed a strategy of aggression against women in order to comply with the EU standard they advocate. A young woman heard in camera by the committee and say that "the Republic no longer protects her children." The Committee states:

"Young women are victims of a resurgence of sexism that translates various pressures and verbal abuse, psychological or physical. Young people require them to wear clothing covering and asexual, lowering the gaze at the sight of a man failing to comply, they are stigmatized as "whores." Several associations are alarmed resignations increasingly frequent foreign women members, who are barred by their community involvement in community life. "

The same year, the association Ni putes ni soumises is created by Fadela Amara. The slogan of the association is: "Equality - Secularism - Mixed.

Marriage, civil partnership, divorce, common-law

On 20 September 1792, the Legislature laicizes Vital and marriage.

Children born outside marriage

The model of the Christian family is no longer the legal standard in the eyes of the secular republic, though it took long for children born out of wedlock are bastards most qualified.

In July 1987, the law Malhuret extends the exercise of parental authority by both parents, unmarried couples and divorced couples .

In December 2001, the reform of the Inheritance Act removes the penalty of illegitimate children , and in July 2005, an ordinance removes the distinction between legitimate children and illegitimate children, confirming the equality of children regardless of their mode of descent, with the sole exception of incestuous parentage .

In 2006, births outside marriage represent 50.5% of all births and become the majority for the first time. Ten years ago, this proportion did not exceed 40% .

Adoption homoparental

Main article: Adoption homoparental.

Freedom of sexual practices

Religious morality is no longer the standard for sexual relations. The legal framework is the only moral reference of the Republic is eligible any voluntary relationship between major individual, as there is no damage to physical integrity.

In 1992, Cardinal Joseph Ratzinger , then prefect of the Congregation for the Doctrine of the Faith, and Pope John Paul II had co-authored an article on non-discrimination of homosexuals. Their conclusion was:

"In some areas, take into account the sexual orientation discrimination is not unjust, for example in placing children for adoption or placed in custody in the commitment of teachers and sports coaches and recruiting Military . "

That we must be heterosexual to become a priest may be eligible under a purely private religious organization. But trying to apply this moral teaching affirms a willingness on the part of a religion to interfere in the affairs of state that secularism does not.

Secularism in the health sector

Contraception and abortion

Simone Veil , initiator of the law authorizing abortion

Contraception and abortion are ways for women to "freely dispose of their bodies "and have a child when they wish. In France, every woman has the right to use contraception and to interrupt her pregnancy or not. It only takes a decision, without permission from his spouse or a doctor. These rights are derived from a desire for emancipation from religious rules continue to condemn them.

In 1968 , all methods preventing fertilization or interrupted are considered to be "absolutely excluded" in the encyclical Humanae Vitae of Paul VI , as going against the laws of "natural" and "divine" of marriage, family, or chastity. Abortion is explicitly regarded as "negative . For the historian Gian Maria Vian , the encyclical aroused "unprecedented opposition even within the Catholic Church" upon its release .

In 1975 , after a lengthy legislative process and intense debate, agreed the Veil law which permits abortion under certain conditions - made in a legal, abortion is called 'voluntary interruption of pregnancy (abortion). Under the freedom of conscience , doctors are free to practice the act or refuse to engage in the latter case, they must guide the patient to a colleague. 1982 : abortion is reimbursed by the Security social.

Between 1987 and 1993 , the anti-abortion commandos , backed by the newspaper National Catholic Present or association The Truce of God, tackle dozens of hospitals and clinics .

1993 : Law on the crime of obstruction of voluntary abortion, initiated by Veronique Neiertz is adopted. It aims to punish those who disrupt the operation of hospitals participating in the implementation of the law on abortion. 2001 : abortion is allowed up to 12 weeks of pregnancy.

In October 2008 , Pope Benedict XVI on the occasion of the fortieth anniversary of the encyclical Humanae Vitae of Paul VI reiterated the condemnation of contraception by the Catholic Church .

Blood Transfusion

The Act of March 4, 2002 called "law Kouchner "requires doctors to" respect the will of the person after being informed of the consequences of his choices. If the will of the person to refuse or discontinue any treatment is life threatening, physicians should make every effort to convince her to accept essential treatment . In case of confirmation of that refusal, the practitioner is faced with a paradox: respect the patient's wishes not to be treated on one side and the other the duty of assistance and care to all person in danger. If the doctor, the sole purpose of trying to save his patient chooses to do an act essential to its survival and commensurate with its status, the Council of State considers that there is no fault. If it conforms to the patient's wishes, and he was attacked after his death by the family one, it can not be pursued since it complies strictly with the law.

Choosing the sex of the practitioner

Male doctor examines a patient

Some women, for religious reasons, may prefer to be issued by a health care practitioner of their sex. If this option requires no comment for routine consultations, he is not the same in an emergency. In 1998, neurological complications during his birth to a child causing a disability of 100%. In June 2008, the claim of the family, blaming the handicap of their child to hospital, was dismissed on the grounds that the father, a Muslim, had denied the presence of male doctors at the time of delivery .

In September 2007, a doctor wants to auscultate a Muslim woman after a difficult birth. "As he prepares to examine the patient's husband, visibly angry, throws himself on the doctor and insult before slap . "

These attacks, which are exceptional, however, raise a stir in the medical profession . To avoid and overcome misunderstandings, the High Council on Integration has proposed in April 2007 a charter of secularism in public services . It states that:

"The public service users have the right to express their religious beliefs within the limits of respect for the neutrality of public service, proper operation and requirements of public order, security, health and hygiene.
Users of public services can not disqualify a public official or other users, or require an adaptation of the operation of the public or a public facility. However, the service tries to take into account the beliefs of its users in accordance with the rules which it is subjected and its proper functioning. "

Under a contract of employment, an employee may refuse to undergo a medical examination, the examination is performed by a woman, even if his religious beliefs prohibit him. Indeed, if labor law protects the religious freedom of citizens, sometimes arises the question of reconciling the freedom and the binding force of an employment contract or legislation or regulations designed to protect employees. In this specific context, the Supreme Court considers that the provisions on preventive medicine work are mandatory .

Certificates of virginity and hymen repair

Main article: Virginity.

Applications for certificates of virginity and reconstruction of marriage are becoming more frequent, according to gynecologists. The National College of Gynecologists Obstetricians of France took a firm position on this subject in June 2008, stating:

"No, especially doctors and gynecologists are not there to write certificates of virginity, which are a clear violation of the dignity of women.
No, obstetricians are not there to redo the hymens, facilitate the lie and eventually help to perpetuate a tradition of another age . "

p> However, practitioners are faced with their conscience when considering the plight of young girls promised to retaliate . For others, the perils of not arriving virgin daughter to marry the lead to make a false certificate . For Professor Israel Nisand , "A physician should not walk into this scam! Should not help perpetuate the system of subjugation of women Secularism in public space

Once almost nonexistent, claims recent call for the opportunity to publicly express his religion in the name of freedom of conscience. Besides wearing religious symbols, we can raise the issue of appropriate meals in school canteens and hospitals, public holidays and special time arrangements work for respect for religious holidays, the building of places of worship and the development of prayer space on the workplace or school, public places temporarily reserved for women (swimming), processions in public places, even the application of separate legal rules.

Two principles govern the decisions on these occasions: the absolute neutrality of public officials and equal treatment of users. The second principle may be special arrangements, within the functioning of public service.

Port of religious symbols

In the premises of a public service

Sikh turbans

Unlike public servants, who are required to respect the principle of neutrality of public service, users are not subject to the same obligation. They have the right to express their religious beliefs held by them or the symbols they wear, even in the premises of a public service, within the limits inherent in the proper functioning of public service, and provided you do not disturb public policy.

The State Council has decided this issue in May 2000 :

"The officer should ensure the strict neutrality of the service to allow full compliance with the beliefs of users. If the latter were therefore entitled to express their religious beliefs within the limits inherent in the proper functioning of public service, the agent must not, by its conduct, authorize any doubts about the neutrality of the service . "

As an extension of the Act of March 15, 2004 , the member Frances Hostalier deposited in July 2008 a bill "to prohibit the wearing of signs or clothes ostensibly manifesting religious affiliation, political or philosophical anyone vested with public authority entrusted with a mission of public service or participating concurrently .

In private spaces open to the public

The wearing of religious symbols in public spaces open to the private causes opposite reactions in those who cling to secularism.

In August 2006 , Fanny Truchelut, owner of a house in the Vosges, asked two clients who are veiled remove their veils in public areas of its establishment. Contested by his clients, several associations having brought civil action , she is sentenced in October 2007 for "discrimination because of religion" (accusations of racial and ethnic discrimination have been unsuccessful) to four months suspended prison sentence .

In February 2008 , it explained its position (which she says is part of the fight for equal rights) in a letter to the president: "I wanted to preserve the harmony of my house, another family occupied the other lodging .

In October 2008 , the Court of Appeal affirmed the decision of Nancy trial, reducing the sentence and the fine .

Anne Zelensky, President of the League of women's rights and Annie Sugier, president of the League of Women international law, "the conspicuous symbol of Islam" is a "symbol of female oppression." In a letter to members, they offer a national debate "on the clear distinction between public and private space, and the need to protect our public space of any attack anti-secular . They base their argument on the bill in September 2008 the member Jacques Myard , "to fight against attacks on the dignity of women from certain religious practices .

These opposing positions including that of the philosopher Catherine Kintzler , which invokes the principle of freedom of opinion, "despite the horror that the veil

. For her:

"If a religious symbol is so proven and established, a brand of discrimination, then we must claim the ban in all places accessible to civil society groups, not on the ground that it offends our beliefs, but because it was contrary to republican equality. If it is not so established and proven and if it is contrary to any law, then, because freedom of opinion is that nothing is censored or prosecuted on mere presumption, it must be submitted the same constraints and enjoy the same freedoms as other religious symbols . "

For the writer Chahdortt Djavann , author of Bas les voiles! heard by the Stasi Commission in 2003 , the veil is a "visible mark of submission of women". She says we must go beyond the issue of secularism. "In the name of protecting minors," she called for a law sparing the veil for girls under the age of eighteen years .

Religious holidays

In France, religious festivals legal holidays are traditionally the main Catholic. For other denominations, public officials have the opportunity to apply for leave of absence. The head of service to determine whether the granting of such authorization or not that impede the normal operation of the service.

Users accommodated in a full-time public service, particularly within nursing homes, hospital or prison are entitled to respect for their beliefs and to participate in the exercise of their religion, subject to constraints arising from the requirements operation of the service.

Financing of religious buildings

Mosque of Trappes - 2008
Protestant church of Savigny le Temple - 1989

The 1905 law states in Article 2 that "The Republic does not recognize, pay and subsidize any cult. She moved parallel to entrust the enjoyment of places of worship she has held since 1789 to those who "conform to general rules of worship which they propose to ensure the exercise" and must take the form of religious association.

There are several solutions property, finance and tax, enabling religious associations to build places of worship (in le-de-France, 1 800 places of worship have been built since 1905 ).

Since 1961, the law allows counties and municipalities to guarantee borrowing by associations for the construction of religious buildings "in cities in developing "this device has been extended by case law to the all municipalities. There is no question here of a grant in the event of financial failure of the client, the community takes over the annual loan payment . However, a majority of Muslim organizations do not use this loan guarantee, saying it violates Islamic law .

Since 1936 (era of " camps of Cardinal Verdier ), municipalities may lease municipal land to religious associations, for it there are building places of worship, the rules of these long leases are set by administrative order of April 2006 . The rent can sometimes be irrelevant to the real estate market , while hiding some kind of public contribution . The leases granted to Muslim religious associations are sometimes challenged by extreme right parties, on behalf of "a strategy to fight against the Islamization of France .

Religious associations may rent buildings owned by local authorities to exercise their worship under the terms of Article L1311-2 of the General Local .

It is also possible to subsidize a share of funding for the cultural buildings mixed with the other party is assigned to worship this financial arrangement was that of the cathedral of Evry.

Payments to religious associations from money earmarked for the construction or maintenance of religious buildings open to the public benefit from tax deductibility.

Finally, the reservation of redundant religious buildings in France would offset shortages in many cases .

In September 2006 the Committee Machelon proposed a "tidying up" of the 1905 Act, particularly as regards the funding of places of worship by local authorities . The Interior Minister, Nicolas Sarkozy, had welcomed the recommendation, saying he "was not fair that the followers of faiths in recent expansion in our area, Sunni Islam and evangelical Christianity, have difficulties practice their religion. "

In response to the findings of this text, sixteen members of all persuasions reiterated in October 2006 "bolts on the tightness of relationship between state and religion" of the 1905 Act: section 2 ( listed above), and Article 19 which provides that religious associations "may not, in any form whatsoever, receive state subsidies, counties or municipalities." The sixteen members state that: "The willingness of local authorities use to blow the lock on the financing of religious in the broadest sense of the term is in total contradiction with Article 2 of the 1905 Act . "

Sports and mixed

In June 2006, the daily Le Parisien revealed that the pool of Sarcelles reserve certain slots at the Association of Women Lubavitchers , their worship requiring them to bathe without male involvement. The representative of the Republican and Citizen Movement of Sarcelles, Rachid Adda, then asked the mayor, Francis Pupponi , to stop this "exception worship , .

In June 2008, the municipal pool The Verpillire , in the Isere , reserve a slot of two hours at about fifty women. Fadela Amara , Secretary of State for Urban Policy, which is "very committed to secularism and diversity, "asked the mayor to stop this practice. She says it "assoit inequality of rights between boys and girls .

At the same time, the mayor of Vigneux-sur-Seine , Serge Poinsot, opposes the loan to a municipal gymnasium basketball tournament intermosques whose input would be forbidden to men, "because conditions were more Republican met ". The event organizer had based its decision on the desire of some players not to remove their veils in the presence of men. Secretary of State for Youth and Sports, Bernard Laporte , said on that occasion that "a municipal gymnasium is a public place where the laws of the Republic shall apply .

In July 2008, the Party of Muslims of France asked the mayor of Argenteuil to reserve "slots suited to those who do not wish to swim trunks." This claim is based on "respect for the modesty" which he said would be a right akin to that of the protection of privacy . Mayor Philippe Doucet , meets in the daily Le Parisien of 20 July 2008 , that: "The pool is a public place and will remain secular collective . "

Freedom of expression and secularism

Main article: Freedom of expression and blasphemy.

In France, freedom of expression has no legal limits than those based on the protection of fundamental freedoms and people. In the framework of secular law, religious expression and anti-religious expression are eligible in the same way, there is no crime of proselytizing , nor offense of blasphemy (except in Alsace-Moselle ).

In some cases, people may feel injured by words they consider offensive vis--vis their faith and denounce them as an attack. However, these words become reprehensible that when they call to hatred of religion, or are likely defamatory or offensive. One can indeed make remarks critical , satirical or ridicule of faiths , without aim believers as people. The law does distinguish between respect for beliefs - whose spiritual beliefs concerning own religions - and respect for believers, which is about the civil liberties .

It's the same for ministers of religion: they can freely express their religion and its principles, but can not use threats or call to commit a crime or misdemeanor. The excommunication , the apostasy or heresy are not considered by French law, unless they are accompanied by attacks on the person, or resulting in disturbances of public order.

Beyond the rule of law, freedom of expression in religious matters - from the religious as anti-clerical - may wonder about the conflicts it generates when it is deliberately provocative. Thus, for Jean-Pierre Dubois , president of the League of Human Rights :

"Hurt, knowingly cause is to take the responsibility to contribute to the shock of blindness, while the struggle for enlightenment lies through the distinction between criticism, still free, and insult or amalgam, still despicable. . "

However, this position requires a "self-censorship" that is inflicted upon himself in fear of a backlash on the other, making us fear reduce the amplitude of rights that gives us the law. To Henri Pena-Ruiz :

"Set as the right of a person's refusal to call into question his religious beliefs, it opens the door to a kind of moral order . "

The Last Temptation of Christ

In October 1988, a fundamentalist Catholic Fire Hall Theatre Saint Michel in Paris to protest against the screening of a film by Martin Scorsese : The Last Temptation of Christ. The bombing of the cinema Saint-Michel is thirteen wounded, including four severe .

The authors are sentenced in April 1990 to the prison sentence and to pay damages to victims .

This attack is followed by fire and other attacks, one of them causing death by heart attack of a spectator.

At trial, Father Philip Lagurie , pastor of the Church of St. Nicolas du Chardonnet , describes the film as a "work satanic." For Dom Gerard , prior of the abbey of Sainte-Madeleine Barroux , the film "undermines the values of our civilization." In his view, the way youth have translated their motivation is of little importance, "because their motives were noble .

For Jack Ralite , MP, Head of Culture at the French Communist Party, this attack is an assault on freedoms. According to him, while the film may offend some, we can debate without resorting to violence .

Other films such as Hail Mary (1985), Jean-Luc Godard , Larry Flynt (1997), Milos Forman , and this is my body (2001), Rodolphe Marconi , will meanwhile the subject of protests and calls for the prohibition of religious extremists.

The poster for The Last Supper

Main article: The Last Supper (Girbaud).

In March 2005 the Tribunal de Grande Instance of Paris condemns referred the creators of a show inspired by The Last Supper of Leonardo da Vinci. The poster for The Last Supper , performed to mark the Marithe and Francois Girbaud , representing twelve women in positions similar to those of the characters of the original painting, which depicts the Last Supper of Jesus.

The plaintiffs, the association Belief and freedoms, emanating from the Conference of Bishops of France , cites as a grievance "insult to a group of persons because of their religion." Counsel alleges a creative process to ban freedom of expression. The company says it was never his intention to offend anyone.

After the trial, the League of Human Rights announced that it is a civil appeal . The Court of Appeal of Paris confirmed the trial decision, believing "the artistry and aesthetics sought in this visual advertising did not prevent it to form, even if the institution of the Eucharist does There was not treated, wherein a deviation of a founding act of the Christian religion with an eye-catching element of nudity, in violation of the sanctity of the moment before. "

In November 2006 the Court of Cassation set aside the decision of the Court of Appeal of Paris and dismisses the association Beliefs and Liberties .

Muhammad cartoons in Charlie Hebdo

The gendarmerie mobile positioned outside the headquarters of the newspaper Charlie Hebdo - 2006

In February 2006, the weekly Charlie Hebdo publishes the series of caricatures of Muhammad published in a few days ago the Danish newspaper Jyllands-Posten. French Muslim organizations, including the French Muslim Council , asked when the ban issue in chambers, without success (due to a procedural error).

In March 2006, following that case, a dozen personalities call a manifesto to fight against the Islam , denounced as totalitarian. Among them are the dissidents of Islam, death threats and exile because of their secular positions .

In February 2007, Charlie Hebdo is pursued by the Great Mosque of Paris , the Union of Islamic Organizations of France and the Muslim World League before the Tribunal de Grande Instance de Paris , which delivers an acquittal on March 22.

The case Redeker

Main article: Robert Redeker.

In September 2006, Robert Redeker , an associate professor of philosophy, published an article entitled "face of Islamist intimidation, what must the free world? "In the daily Le Figaro . You can read the article in particular that "hatred and violence live in the book in which every Muslim is educated, the Koran. " Following publication, Robert Redeker is the subject of death threats and must be placed under police protection.

Mouloud Aounit , president of the Movement against Racism and for Friendship among Peoples (MRAP), condemns the death threats "with equal force and indignation that he condemned the irresponsible statements of an amateur philosopher controversy .

Soheib Bencheikh , doctor of theology, former mufti of Marseille and director of the Institute of Islamic Sciences, request for leave to speak Robert Redeker, he said, "Do not criticize Islam is a form of segregation."

In an article published in Le Figaro, several professors of philosophy explains that condemn the threats against Robert Redeker the subject does not mean that we share his comments. They express that no thought, as provocative as it is, justifies death threats. According to them, "thinking is a provocation to the stupidity and bigotry .

Jean Bauberot falls for his faux cons such an approach. For him, "the fight against intolerance does not relieve the fight against stupidity hate .

Neutrality of the State

Under the terms of the 1905 Act, "the Republic does not recognize, pay, or subsidize any religion".

The corollary of freedom of conscience of the citizen is neutral (from the Latin neuter, neither the one nor the other) of the State in religious terms, to ensure that freedom by equal respect for all faiths, and allow the harmonious coexistence of different religions . According to the formula of Ernest Renan , borrowed from Emile Littr , secularism is based on "the neutral among religions, tolerance for all religions .

However, the simplicity of this formula is accompanied in the development of conciliatory acts on the part of the State speech in favor of its representatives against certain religions, at the risk of breaking the Republican principle of secularism. These developments go beyond the simple framework of " reasonable accommodations "mentioned by the Stasi commission.

French Council of Muslim Faith

Main article: French Muslim Council.

From 1999 to 2003, the French government to encourage the creation of the French Muslim Council , an organization is willing to represent all Muslims in France, as well as the Episcopal Conference , the Protestant Federation , the Representative Council of Jewish Institutions France or the Central Consistory (an institution created by Napoleon I), are for other monotheistic religions. The reactions on this subject have been numerous, some saw in this action a serious violation of the principles of the 1905 Act. Thus, for Marie-George Buffet : "The creation of the French Council of Muslim Faith (CFCM) is a skid, the exact opposite of what should be done . "

President Nicolas Sarkozy and Secularism

Since his election, President Nicolas Sarkozy has taken a position on several occasions for dialogue with state religions , the Christian religion in particular. He had previously expressed support for the "national funding of major religions , when he was Minister of the Interior and Religious Affairs, causing many reactions from all sides.

Speech Lateran

Sevres vase given by Charles de Gaulle to Saint John in Lateran.

On 20 December 2007 , the French president Nicolas Sarkozy took possession of his office as canon of the Lateran , the Vatican's parish in the city of Rome, under a tradition described by Jean-Luc Melenchon of "Folk .

During his speech, the president (who calls himself "Catholic tradition and heart") states assume "full history of France and the particular relationship that has so long united our nation to the Church . According to Philip Cohen , the president seems to mean that education is not complete without religion when he says: "In the transmission of values and learning the difference between good and evil, the teacher can never replace the priest or pastor. Finally, it reiterates its desire for a "positive secularism .

Many reactions have denounced the remarks of the President of the Republic, interpreting it as a negation of the secular republic. The Grand Orient of France said that "the Republic has managed to make a saving emancipation vis--vis the religious, often with difficulty in forging the concept of secularism and doing live .

The philosopher Catherine Kintzler criticism of the phrase "positive secularism" that "this blank expression on his concept of secular sense, since the definition of secularism is necessarily negative and minimalist . Secularism is that it is not necessary to believe in anything to base the political connection .

On 26 February 2008 , Liberation published an article entitled "Saving secularism" signed by a group of intellectuals , which says the president made a "violent and challenging global 'secularism leading "the offensive with the utmost brutality .

Meanwhile, the League of Education launched a petition on the Internet's backup called secularism of the Republic. According to its proponents, it would have collected "150,000 signatures and the support of 145 organizations, associations, unions and philosophical" in three months, reaching the goals of the initiators .

For the philosopher Henri Pena-Ruiz , the president's speech Sarkozy has five major faults under the republican secularism: a moral fault, the hope being denied by Nicolas Sarkozy to humanists atheists (reduce spirituality to religion is a denial of atheistic humanism), a political mistake, the president expressing his personal beliefs without respecting the duty of discretion inherent in his office, a legal mistake, the policy has no power to "prioritize spiritual options" a historic mistake, the spiritual project of the Catholic Church has been released in the speech of real history and a cultural fault, freedom of conscience, equal rights, gender equality, from which free fights the cultures of their historical prejudices .

Others on the contrary expressed satisfaction. Thus the Vatican, Cardinal Jean-Louis Tauran did it welcomed "this positive secularism that sees religion not as a threat but rather as a resource .

Jean-Miguel Garrigues, theologian, "the official discourse on secularism no longer conceals the reality of relations between the Republic and the Church .

Pastor Claude Baty , president of the Protestant Federation of France , reminds defenders of secularism "that we must be pragmatic and not ideologues to be truly secular." And he would like an upgrade of the 1905 Act, with "less statements and more action, especially regarding" religious associations, the construction of places of worship, etc.. .

Speech Riyadh

On 14 January 2008 , the President decides to Riyadh a speech which some describe as preached , where he says the unifying role of God among cultures (Mediterranean monotheistic). According to him, in these three cultures, we find the following features:

"Transcendent God who is in the mind and heart of every man. God who does not enslave man but liberates. God is the bulwark against the hubris and folly of men. God beyond all differences continues to deliver to all men a message of humility and love, a message of peace and brotherhood, a message of tolerance and respect . "

He explained a little further his own position:

"As head of a state based on the principle of separation of church (sic) and State, I did not express my preference for a belief rather than another. Speech in Paris

During the visit of Pope Benedict XVI in France in September 2008, the President said that "it is legitimate for democracy . "

Thus, the head of state and head of the Roman Catholic Church they say they intend to restore secularism its "true meaning" to make "positive", more "open".

For Catherine Kintzler : "There is ? "

Richard Prasquier , president of CRIF , said, referring to the "open secularism" advocated by Benedict XVI and the "positive secularism" touted by Nicolas Sarkozy, that "words are sometimes like slogans." He is "in favor of retaining the 1905 law, which is part of the genius of France .

Cults

Act of June 12, 2001 called "About-Picard" to strengthen the prevention and suppression of sects detrimental to human rights and fundamental freedoms
Main article: Fight anti-cult in France.

In the name of secularism, the French Republic shall respect all beliefs (Article 1 of the French Constitution of 1958 ) and recognizes no religion (Article 2 of the 1905 law concerning the separation of church and state), the "new spiritual movements" are a priori considered as lawful as their leaders or their followers have not committed crimes reprehensible.

Secularism implies that the state does the cult phenomenon that through the achievement of public order .

However, for some advocates of "new religions" secularism which is recommended by government actually mask an attack on "religious freedom "- this concept, used by proponents of the" new secularism " or "inclusive secularism , is also absent in French law.

History

In the context of the controversy and the fight against cults, which has grown internationally since the early 1980's , France embarked on a struggle whose objective was first to "fight against cults . In this context, several commissions of inquiry have been initiated at the National Assembly to investigate in more detail on the cult phenomenon. The government has also established an interministerial body: the Interministerial Mission for the Fight against Sects ( MILS ). A parliamentary committee in 1995 published a list of 173 sectarian movements considered and proposed amendments to the legislation that led to the vote of the About-Picard law in 2001.

France is therefore one of the countries most committed to this struggle in Europe and led to controversial positions that earned him some criticism, including representatives of the Catholic Church as Bishop Vernette who said in a report "It is surprising that more separation regime, public authority, in the end snaps into position to define what good and bad religion. Even more so when it comes to groups fully recognized by the Catholic Church . "

The introduction of a crime of mental manipulation under the About-Picard raises new criticism from among others the European Parliamentary Assembly .

The Mils is replaced in 2002 by the Interministerial Mission of Vigilance and Combat against Sectarian Abuses (Miviludes), which aims to "quell sectarian." She recalls his first report that "the purpose of fighting is not the doctrine, but the act, which has always been the center of the French conception of civil liberties "and organizes the end of 2003 a seminar on secularism and Sects .

In its December 2003 report , the Stasi commission deducted from the freedom of conscience who founded the secular state that "can not be satisfied with a withdrawal of religious and spiritual affairs" and should ensure that all "spiritual families" have a voice.

In 2005, the list of sects is officially abandoned, considered "less and less relevant" in terms of "the evolution of the cult phenomenon .

Subsequently, certain ads on an inflection on the part of France's policy toward sects could allow some to see an evolution in the "good sense" of the anti-cult struggle. In February 2008, Emmanuelle Mignon , director of office of President Nicolas Sarkozy, has tried about Scientology: "I do not know but one wonders. Or it is a dangerous organization and it is forbidden, or they do not represent a particular threat to public order and they have the right to exist in peace. Danielle Gounord, the communication service of Scientology has welcomed the remarks as follows: "France is moving in the right direction. She's now in line with most European countries .

In September 2008, Georges Fenech was appointed president of Miviludes decree of the Prime Minister. He is considered a supporter of the "hard line" of the anti-cult struggle in the continuity of his predecessor Jean-Michel Roulet .

Associations cult and sects

Main article: Association of worship.

The 1905 law provided for in Article 18 a statute for religious associations. These are intended to "defray the expenses, maintenance and public exercise of religion." Upon filing of the declaration of establishment in the prefecture, the administration issued to the representative of a religious association Receipt of declaration. There is no a priori control on behalf of the association, its purpose or content of the statement. When the State authorizes an association to receive gifts or bequests, or when it obtained an affiliation of its members employed in non-permanent regime of social security reserved for ministers of religion, the association obtained the "legal capacity . Then it is officially recognized as a cult. The benefits of religious associations are primarily fiscal, financial and social. However, certain movements renounce this cult status after getting associative. The status of religious association requires indeed an important transparency vis--vis public authorities, who make regular checks of the finances and activities of each association.

References

Notes

  1. A principle is a general and fundamental truth on which others are based or which they are derived. Unlike a law that is accurate and provisional, a principle has a broader scope, even timeless.
  2. "Ms. Alima Boumediene-Thiery attracts the attention of the Prime Minister on the situation of many women wearing the Islamic headscarf qualified, who are victims of discrimination by people representing the state. Whether References
    1. Anne-Marie Le Pourhiet " right to difference and equal claim: the paradoxes of postmodernism "on Communitarianism , 2002
    2. Olivier Roy , Mehdi Ben Smida, " Criticism of Islam as a religion can take an anti-immigration in the "deracialization" "on Ummah , May 11, 2005. "Islam is not a specific problem: c 'is the religion which poses a problem, not a particular religion. "
    3. Philippe Segur , professor of constitutional law at the University of Perpignan Domitian, " Observations on the concept of secularism in constitutional law "on Constitutional Law , July 8, 2006
    4. Baroin , " For a new secularism "on Internet Association for the Advancement of Human Rights , May 2003
    5. a , b , c and d Stasi Commission , " Commission of Reflection on the principle of secularism in the Republic: Report to the President of the Republic "on French Documentation , December 11, 2003. "This report covers work the committee chaired by Bernard Stasi and installed by the President of the Republic July 3, 2003. Turning to secularism as a universal principle and then republican value as a legal principle, the Committee then proposes a "diagnosis" and a series of proposals to "affirm a secular farm together." "
    6. Jacques Chirac, ' Speech on the principle of secularism in the Republic "on Elysium , December 17, 2003. "Secularism guarantees freedom of conscience. It protects the freedom to believe or disbelieve. It provides everyone the opportunity to express and practice their faith peacefully, freely, without the threat of the imposition of other convictions or other beliefs. It enables women and men from all backgrounds, all cultures, to be secure in their beliefs by the Republic and its institutions. Open and generous, she is the privileged place of encounter and exchange in which everyone is to bring the best to the national community. It is the neutrality of public space that allows the harmonious coexistence of different religions "
    7. a and b French Parliament, " Act No. 2004-228 regulating, in accordance with the principle of secularism, the wearing of symbols or clothing denoting religious affiliation in schools, colleges and public schools "on Lgifrance , March 15, 2004
    8. Jean-Pierre Machelon , " The Relationship of religion with government "on French Documentation , September 20, 2006
    9. Collective, directed by Jacques Myard , secularism at the heart of the Republic, L'Harmattan, 2003 ( ISBN 2-7475-5716-2 ), p. 36.
      "The monopoly of meaning is not owned by religion nor science, but by distancing philosophical fact that men are a type of specific question: what purpose do we want to continue building the social order, How do we referred in our personal and collective existence? It is through these questions man is universal. "
    10. Henri Pena-Ruiz , History of secularism, the genesis of an ideal, Gallimard, coll. "Discoveries / History", 2005, 143 p. ( ISBN 2-07-030038-2 ), "The Ideal secular today ' Today, "p. 74
    11. Pierre Assouline , "Secularism: the agreement with the Lateran quietly," Le Monde 2, May 23, 2009, p. 19
    12. Federation of Parents' Councils , " A veil on the real problems of the school "on the Federation of Parents' Councils , 17 December 2003. "This law, applying only to public schools , will strengthen secularism at two speeds in the area. Bibliography

      Works used for the drafting of Article : Source used for this article

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