France and the veil: success of Act banning display of conspicuous religious symbols in state schools

Summary: to resolve an issue which, at the time, had been causing problems, France passed an Act in 2004 prohibiting the conspicuous display of religious symbols in state primary and secondary schools. The Act, which reaffirms the principle of laïcité (secularism), has achieved the goal sought.

1/ A response to requests in some schools

At the beginning of the 2000s, a small number of Muslim pupils began wearing veils in state schools in France. Some girls refused to remove them when asked to do so by teachers or school officials. The latter asked the French authorities to take action.

President Chirac asked a commission chaired by Bernard Stasi, the Republic’s Ombudsman, to look at how to "reconcile national unity and the Republic’s neutrality with recognition of diversity, particularly religious diversity". After several months of hearings and debates, the commission, whose members came from a wide variety of backgrounds, proposed on 11 December 2003 the introduction of legislation prohibiting the display of symbols denoting religious or political affiliation.

In the wake of this proposal, on 15 March 2004, France’s National Assembly passed by a very large majority (494 against 36) an Act prohibiting the "conspicuous" display of symbols in state schools. The Act covers not just the wearing of veils, but also the display all conspicuous religious symbols.

2/ Successful implementation of the Act

The Act’s implementation has been a success.¹ Around 60 girls have moved to private schools or registered with the National Distance Learning Centre (CNED) and only 48 pupils out of over 12 million² have been excluded for failing to observe the new legislation. Teachers and school officials are satisfied. Today, this issue is no longer in the news in France.

3/ The situation today

According to the PEW Global Attitudes survey³:

· France is one of the Western countries with the highest percentages (65%) of people with a favourable opinion of Muslims (UK: 63%). · · France has the highest percentage of people (74%) who think there is no conflict between being a devout Muslim and living in a modern society (UK: 35%). She also has the highest percentage of people (86%) who think there is no conflict between being a devout Christian and living in a modern society (UK: 70%). · · Among Muslims in Western countries, French Muslims had the most favourable opinion of Christians, 91% compared with 71% in the UK. · · Over 70% of French Muslims consider people in Western countries "respectful of women" (UK: 49%). · As regards the unrest in France in autumn 2005, French academics and commentators have unanimously stressed the lack of any religious, political or ethnic aspects to the riots, which had a social dimension, calling for measures on housing, training and economic development.

4/ Laïcité (secularism) is a very consensual principle in France.

Laïcité, the secular principle is "a political conception implying separation of civil and religious society".4 For the French, it is a fundamental principle governing the functioning of the institutions, particularly schools, and of democracy. It enjoys a strong consensus in France, since it allows neutrality to be maintained vis-à-vis all opinions and beliefs. A main feature of secularism is its rejection of both State atheism (this is explicitly excluded, since "the Republic shall respect all beliefs") and of any official religion (state secular education, separation of Church and State).

The secular principle has developed over the past two centuries. The French Revolution reinforced the separation of religion from political power, against the background of the denunciation of "religious fanaticism" by Enlightenment philosophy. One of the French Republic’s original features is that it has been built on the separation of Church and State. In the nineteenth century, the secularization of society followed a clash between a "clerical camp", which maintained that Catholicism was an essential element of the country’s identity, and an "anticlerical camp", which rejected an identity defined by religious affiliation. The founding text of French secularism is the Act of 9 December 1905, which established the separation of the State from religion.

For 60 years, the French Constitution has reflected the principle of secularism. The 1958 Constitution reaffirms this principle: "France shall be an indivisible, secular and social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs." (Article 1)

¹ The number of pupils conspicuously displaying their affiliation to a religion fell from 1,500 before the Act was passed, to 639 in 2005, according to the French Ministry of National Education.

² Figures from the French Ministry of National Education

³ PEW Global Attitudes Project survey, spring 2006 (http://pewglobal.org)

4 René Capitant

Last updated: 01.11.2006