The official position of the French government, conveyed to the United Nations Human Rights Committee in July 1997, is that the state has no power to limit the freedom of religion. The French government informed the Committee that the European Convention on Human Rights and ICCPR have been applied by the French courts in more than a hundred cases and that these human rights instruments are superior to domestic law.

Growing religious intolerance in France has led to intrusive measures by the state which contravene this neutrality. Criticizing a court ruling in July 1997 which, applying the European Convention on Human Rights and the French Constitution, found that a particular minority is a religion, the French Interior Minister claimed that he was the only one with the authority to recognise religious associations. Shortly afterwards, the French authorities refused to register one of the religion’s missions. This statement by the French Minister and the refusal of registration contradicted the French government’s position to the UN Human Rights Committee.

The 1905 law which established the separation of church and state prohibits the state from imposing a church tax or subsidizing any religion. However, the state subsidizes private schools, including those that are church-affiliated, and central or local governments own and provide upkeep for religious buildings constructed before the church-state separation law in 1905. According to a May 1996 article in the French newspaper Le Monde, indirect subsidies given to Catholic organisations by the state total 40 billion French francs.

Article 1 of the French Constitution states:

“France shall be an indivisible, secular democratic 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.”

The Declaration of the Rights of Man is appended to the Constitution and further expresses France’s official policy towards religious liberty. Article X states:

“No one ought to be disturbed on account of his opinions, even religious, provided their manifestation does not derange the public order established by law.”

The National Consultative Commission on Human Rights, an independent body located in the office of the Prime Minister, has nongovernmental as well as governmental members. The Commission monitors complaints and advises the government on policies and legislation.


Continued...




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