“The ban on religious ostentation in public schools is consistent with the principle of secularism” | EUROtoday

LThe regulation of March 15, 2004 on the carrying of indicators or outfits demonstrating non secular affiliation in public colleges, schools and excessive colleges prohibits not ostentatious non secular indicators however the conspicuous manifestation of spiritual affiliation.

This covers indicators or outfits, the carrying of which ends up in fast recognition by one's non secular affiliation. It is written in such a manner that it may be utilized to all religions and reply to the looks of latest indicators or makes an attempt to bypass them.

As famous by the Constitutional Council, the Council of State and the European Court of Human Rights, the 2004 regulation was adopted in software of the French precept of secularism. It is in concord each with the rules set out by the separation regulation of 1905 and with the foundations governing neutrality in public colleges.

Public sphere and public area

The regulation of December 9, 1905, separating the Churches and the State, distinguished the general public sphere (that of the final curiosity) and the non-public sphere (that of particular person and collective pursuits). The Republic refused to substitute a secular faith for revealed religions, but it surely wished to discovered a nationwide “being-together” round widespread values. The 2004 regulation solely imposed a ban inside the public sphere.

The public sphere shouldn’t be confused with public area, made up of public roads and locations open to the general public or assigned to a public service. Individuals have the liberty to decorate, topic to bans on exhibition and, since 2010, concealment of the face.

The regulation of separation protects two elementary freedoms, recalled in its first article: “freedom of conscience” And “the free exercise of religion”. From the primary comes non secular freedom, that of believing, not believing and altering faith: “No one should be worried about their opinions, even religious ones…” proclaimed the Declaration of the Rights of Man of 1789.

May the Constitution make France a “Secular Republic” implies the neutrality of the State and that of public companies. This neutrality ensures equal remedy between residents and customers. They can subsequently “express their religious beliefs within the limits of respect for the neutrality of the public service and the laws which govern it, its proper functioning and the imperatives of public order” (Charter of secularism in public companies).

Neither discriminating nor excluding

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