The Muslim Veil in France: Between Power and Silence, between Visibility and Invisibility

Anne Wagner

doi:10.7146/hjlcb.v24i46.97365

Abstract

This paper will explore the contingency and ﬂuidity of religious freedom in France and stress the existence of overlapping, competing and coexisting legal discourses in terms of national security and public order. In response to the Muslim veil, changing power structures, changing societal norms and new faces of injustice, established doctrines are reconsidered, reformulated and partly replaced by competing doctrines and hypotheses. Given the relative indeterminacy of law on the concept of secularism and French neutrality, it is no surprise that the problem of interpretation has always been one of the focal points of attention for legal practice and drafting.

Highlights

The progress towards diversity and openness has resulted in the expansion of religious practices
With new questions arising from the evolution of society, i.e. the role of Islam, the increase in religious practices arising from socio-economic fears, secularism has to be rethought, revised and reframed
Secularism – A French exception At the period of buoyant religious, political and legal controversies, Napoleon’s Concordat of 1801 was a first step towards the stabilization of such a situation. This complimented the main contributions from the revolutionary period, namely to dissociate the political and religious powers and to bring to the forefront a cultual pluralism

Summary

Introduction

French secularism comprises three main principles: state neutrality, religious freedom and respect of cultual pluralism. The European Court on Human Rights recognized this principle of neutrality of civil servants ensuring a fair balance between the fundamental rights of an individual to freedom of expression and the legitimate rights of a democratic state to make sure that the civil service complies with Article 10, Paragraph 27.

Results

Conclusion