The French Ban on Wearing Religious Symbols in State Schools before the ECHR. The Controversy, Comments and Evaluations Cover Image

Francuski zakaz noszenia symboli religijnych w szkołach publicznych przed ETPC. Kontrowersje, uwagi, oceny
The French Ban on Wearing Religious Symbols in State Schools before the ECHR. The Controversy, Comments and Evaluations

Author(s): Jacek Falski
Subject(s): Law, Constitution, Jurisprudence
Published by: Katolicki Uniwersytet Lubelski Jana Pawła II - Wydział Prawa, Prawa Kanonicznego i Administracji
Keywords: France; European Court of Human Rights; religious freedom; church - state relations; law on religion; freedom of religion; school; religious symbols

Summary/Abstract: The article attempts to re-examine and evaluate the French secularism-driven law on conspicuous symbols or clothing manifesting religious affiliation in state elementary, junior and high schools after more than 7 years since it became effective. The analysis is based on the conclusions from the administrative practice, case law and comments made in the doctrine. Of particular interest, and at the same time broadening the context of the problem, is the case law of the European Court of Human Rights. This body considers the secular model of the state as an ideal circumstance, permitting the exercise of full religious freedom in the conditions of equality. The issues of secularism in France are invariably vital, relevant and debated; the ruling party UMP (Union pour un Mouvement Populaire) launched a new pro-secularism campaign in March 2011. The fact that the other side of the barricade is lined by a large Muslim minority makes this conflict, with its scarf ban issue being the top sticking point, raise to become a civilization clash.

  • Issue Year: 2011
  • Issue No: 14
  • Page Range: 79-109
  • Page Count: 31
  • Language: Polish