Stasis Report - English Translation

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COMMISSION OF REFLEXION
ON the APPLICATION OF The PRINCIPLE OF LAÏCITE IN The REPUBLIC
REPORT/RATIO WITH THE PRESIDENT OF THE REPUBLIC
Given on December 11, 2003

Mr. President of the Republic,
It is a great honor, for the Commission of reflexion on the application of the principle of secularity in the Republic which you officially installed on last 3 July in this same Palate, to give you his report/ratio. In this document, we make you share of the conclusions that we drew from many hearings to which we proceeded, as well as our own reflexions and also, of course, proposals which appear to us of nature, if they are taken into account, to make so that the principle of secularity, base of the national unit, is recognized and respected by all those which live on our territory.
In your short speech of July 3, you had invited us to pose the bases of a true public discussion on secularity. This debate, we actually animated it throughout these last months.
Us auditioned the persons in charge for all the political parties, many members of the government, the representatives of all the religions and all the philosophical options, the persons in charge for the trade unions, the many associations concerned with the defense of the humans right and, in a more general way, with the life of the city.
Us collected testimonys of those which we called the men and the women of ground, i.e. of those, local councillor, responsible for school, directing establishments of hospital and prisons, police chiefs of police force, heads of undertaking, who are particularly qualified to appreciate the nature and the degree of gravity of the attacks whose secularity is the object or of the behaviors which threaten it.
Us also wanted to nourish our reflexion by informing us of the situation, relating to the nature of the relations between the religions and the State, in a certain number of European countries, because if secularity is regarded as a French speciality, it does not remain about it less than the experiment of close countries can be useful for us.
Also, delegations of the Commission went to Germany, to England, to Belgium, to Italy and in the Netherlands, which enabled us to carry out very interesting exchanges and to as note as our European friends expressed much interest for the debate which takes place in France and, I say it without vanity, await impatiently the Commission proposals and the decisions which will be made by the authorities.
Us also decided to associate the young people our reflexions. Thus, December 5, with the Senate, we auditioned of the pupils of the Charles college of Gaulle of Ankara, of the French college of Prague, the college Marsa of Tunis, the Chateaubriand college of Rome, the French college of Vienna and college protesting French of Beirut. Pupils of the college Joliot Curie of Dammarie-lès-Lily and college Léonard de Vinci of Melun also took part in this meeting, which gave place to extremely interesting exchanges between the high-school pupils and the Members of the Commission and allowed us to assess the quality of the educational action external of France.
From these hearings, from these testimonys, these exchanges, we drew the following conclusions.
First of all, unanimous approval, beyond all political cleavages, of the initiative which you took by opening this public discussion on the application of the principle of secularity.
This approval is explained by the fact why, not only political leaders, but the very large majority of our fellow-citizens, are aware of the importance of the questions tackled within the framework of this debate.
In addition to the fact that all those which we invited accepted our invitation and carefully prepared their interventions, I want some for proof that since the installation of the Commission, we received a number each increasing day of letters, to reach today more than two thousand, emanating citizens or associations eager to make known their points of view, to bring their testimonys and to make proposals relating to the decisions to be taken by the authorities. We were also impressed by the number of books which were published these last months devoted to secularity.
Yes, the French are aware perfectly that what is concerned in this debate is important for them and for our country, the quality of our food together, today and tomorrow.
I make a point of also saying that the press, even if we sometimes regretted excessive polarization, and sometimes exclusive, on the Islamic scarf, contributed much to the animation of the debate by the many articles which were devoted to him.
And I hold, in this respect, in the name of the Commission, particularly to thank the chain Public Senate, thanks to which a hundred public auditions were diffused on line and thus associated more closely the citizens the great debate which animates the French company today. Nothing of all that would have been possible without the hospitality from which liberally made us profit the Senate. I thank his president very cordially.

Throughout our work, we could also note the attachment of the large majority of our fellow-citizens to the principle of secularity. Instinctively, they recognize in this principle a value on which is founded the national unit, at the same time as a guarantor of the personal freedom. It is to say how much it appears important to them that this value is respected and, each time that it is threatened, defended.

However, it is one of the observations which we made throughout our work, and for some among us with astonishment, the behaviors, the intrigues attentatoires with secularity are increasingly numerous, in particular in public space. It is not certainly a question of dramatizing, but it is the duty of all those which exert responsibilities in our country to be clear-sighted. The reasons of the degradation of the situation do not need to be pointed out. difficulties of the integration of those which arrived on the own territory during these last decades, the living conditions in many suburbs of our cities, unemployment, the feeling tested per many of those which live on our territory to be the object of discriminations, to be even rejected out of the national community, explain why they lend a benevolent ear to those which encourage them to fight what we call the values of the Republic. Because it is necessary to be lucid: yes, of the extremists groups are with work in our country to test the resistance of the Republic and to push certain young people to reject France and its values.

The international economic situation, and particularly, the conflict of the Middle East, also contributes to worsen the tension and to cause confrontations in some of our cities.
In this context, it is natural that many of our fellow-citizens call their wishes the restoration of the republican authority and particularly with the school.
It is by holding account of these threats and in the light of the values of our Republic that it is necessary to make respect, that we formulated the proposals which appear in this report/ratio and which we will present to you.
I want to also announce that if the political, religious, philosophical convictions of the Members of the Commission reflect the diversity of our nation, and if their professional courses and the responsibilities which they exert and exerted are also very diverse, very quickly was created, between us, which I will allow myself to call a team spirit; team spirit still reinforced by an attachment common to a secularity which is at the same time intransigent in the application of the principles of the Republic and respectful of all the religious and philosophical beliefs.
I hold, at the moment when the mission ends which we achieved together, to ensure them of my gratitude and my regard. I want to also thank the general rapporteur and all his team for devotion, the availability and the competence with which they assumed their task and facilitated ours.
This friendly complicity, I have inward conviction of it, helped us to achieve the difficult one and enthralling mission that you entrusted to us.
Allow me to entrust to you that was for me a great pride to chair a made up Commission men and women of which the experiment and competence concerning the problems of which we had to discuss, on several occasions, impressed me.

I finally want, Mr. President of the Republic, in the name of all the Members of the Commission, to once more thank you for confidence that you expressed us and to assure you that we remain with the service of the Republic and the values which you have the high responsibility to defend. Also let us be us always at your disposal, if you consider it useful.
Bernard Stasi

The French Republic was built around secularity. All the democratic States respect the freedom of conscience and the principle of non-discrimination; they know various forms of distinction between policy and monk or spiritual. But France set up secularity with the row of value founder. This one been the subject today in our country of a broad consensus: each one is claimed some. Behind the same word, however exist differences in approach which veil the significance and the range of it. In a context of tensions and questionings, it is thus important to work out the alive principles from them.
Secularity, hones angular republican pact, rests on three indissociable values: freedom of conscience, equality in right of the spiritual and religious options, neutrality of the political power. The freedom of conscience makes it possible to each citizen to choose his spiritual or religious life. The equality in right prohibits any discrimination or constraint and the State does not privilege any option. Finally the political power recognizes its limits while abstaining from any interference in the spiritual or religious field. Secularity translates a design of the common good thus. So that each citizen can recognize himself in the Republic, it withdraws the political power from the dominant influence of any spiritual or religious option, in order to be able to live together.
This ideal was worked by the history. It is not a timeless value disconnected from the company and its changes. Built in a permanent dialogue, secularity made it possible to gradually establish, beyond any dogmatism, balances corresponding to the needs for our company.
First part
Secularity, universal principle, republican value
To restore the course of the history of secularity and to include/understand the richness of its significances, it is to work for the adhesion of all with its principles.

1.1 a republican principle built by the history
Secularity is constitutive of our collective history.
It refers in ancient Greece, the Rebirth and the Reform, the Edict of Nantes, the Lights, each one of these stages developing with its manner autonomy of the person and the freedom of the thought.
monarchy prérévolutionnaire of divine right rested as for it on religious bases: ceremony of the sacring in Rheims, image of the king lieutenant of God on ground. This social system was characterized by the institutional bond between the State and the catholic Church and by the place of this one in the life of all.
The Revolution marks the birth certificate of secularity in its contemporary meaning. The autonomy of the conscience, including on the spiritual and religious level, is marked. This concept is so new that she is formulated with prudence in article 10 of the Declaration of the rights of man and of the citizen of 1789: "No one does not have to be worried for its opinions, even religious, provided that their demonstration does not disturb the law and order established by the law ". September 20, 1792, the legislative Parliament laicizes the marital status and the marriage. The citizenship is not related any more to the religion. The history of secularity is not without crises nor confrontations. The adoption of the civil constitution of the clergy, political intervention in the religious field, opens bloody fractures.
With the Legal settlement of 1802 one period begins from political stabilization. The social and moral role of the religion justifies, in the spirit of the Legal settlement, that the State leads a voluntarist policy as regards worships. The majority place of the catholic religion is devoted but the pluralism of the religious options is also taken into account. Four worships are recognized: catholic, Lutheran, reformed, Jew. But the entry into force of the civil code definitively laicizes the rights of the person and the company.
This mode is maintained throughout XIXème century. Gradually, Church and Republic clash again in the conflict from "both France". The Republicans intend to withdraw the company from the supervision of the catholic Church and its influence on the consciences. For this reason the great school laws of IIIème République are adopted. Two models of secularity are opposed. One, combative, anticlerical, are defended by Emile Combes; the other preaches the mutual separation of the State and the religions in the respect of all the spiritual options. This last model, more liberal and tolerant, in particular carried by Aristide Briand, Jules Ferry and Jean Jaurès, carries it. Secularity enracine then in our institutions with the great republican law of December 9 1905 which separates the Churches from the State. The style in is remarkably concise: article the 1st "Republic ensures the freedom of conscience. It guarantees the free exercise of the worships, under the only restrictions enacted hereafter in the interest of the law and order "and article 2" the Republic does not recognize, does not pay nor does not subsidize any worship [... ] ". dissociation of the citizenship and the religious membership is marked; the religion loses its function of authority of official socialization; finally France ceases being defined as catholic nation while renonçant in the project of a republican civil religion. This separation is painfully felt per much French and causes many conflicts. After the shared test of the First World War, religious peace is restored with the agreement of 1924 between the French Holy See and government.
In the colonies, where French secularity meets Islam, the policy of the Republic is marked by ambiguity. In Algeria, integral part of the Republic until 1962, the law of 1905 envisages the full application of the principles of secularity. But, by the skew of derogatory decrees of application taken by the gouvernorat of Algeria, a mode of exception is implemented with a code of the indigénat which maintains the statute personal Moslem or Jew. The stating of laic republican principles and their derogatory application on a given territory are revealing of a contradiction specific to the French colonial State. This process prohibits any blooming of Moslem theology in a laic environment.
In spite of its omissions, its takeovers by force and its violences symbolic systems, secularity at the XXème century succeeds in transforming a standard of combat into largely shared republican value. The whole of the components of the company adopts the laic pact. Insertion in 1946 then in 1958 of secularity among the constitutional principles devotes this appeasing.
The law of December 31, 1959 fixes the rules of operation and financing of the establishments deprived under contract, mainly catholics, whose clean character is recognized and protected constitutionally.
Into two centuries, the context changed. Built at the beginning in a company where dominated the catholic Church, secularity adapted to the metamorphoses of our country. Marked by violent crises, it oscillated between two excesses: temptation passeist of the influence of the religions on the company and the confusion of secularity with a militant atheism. The history of secularity is not the account of an inexorable walk towards progress. This one left each one of these engagements renewed. The current tensions fall under this prospect. While remaining a value shared by all, in the heart of the republican pact, it was never a dogmatic construction. Declined in an empirical way, attentive with the new sensitivities and the legacies of the history, it is able at the crucial times to find balances and of incarner the hopes of our company.

1.2 directions and the hope of secularity
secularity could not be reduced to the neutrality of the State. Respect, guarantee, requirement, food together are the cardinal principles; they constitute a whole of rights and duties for the State, the worships and the people.
1.2.1 Respect of the diversity of the spiritual options and the confessions
Secularity supposes the independence of the political power and the various spiritual or religious options. Those do not have an influence on the State and this last does not have any on them.
Within the laic framework, any political intervention is illegitimate as regards spiritual orientations. The State does not impose nor constrained; there is neither obliged creed, nor prohibited creed. Secularity implies the neutrality of the State: it should not privilege any spiritual or religious option. Basing itself on the principle of equality, the laic State does not grant a public privilege to any worship and its relations with those are characterized by legal separation. The freedom of worship allows all the religions the exteriorisation, the association and the joint tracking of spiritual targets. Thus included/understood, it prohibits any approach anti-chocolate éclair. Not more than it does not defend a religious dogma, the laic State does not promote an atheistic or agnostic conviction.
In the same way, the spiritual one and the monk must prohibit any influence on the State and give up their political dimension. Secularity is incompatible with any design of the religion which would wish régenter, in the name of the principles supposed of this one, the social system or the political order.
Within the laic framework, the spiritual or religious choices concern the personal freedom: that does not mean in so far as these questions are confined with the intimacy of the conscience, "privatized", and that any social dimension or capacity of public expression is denied to them. Secularity distinguishes the spiritual or religious free expression in public space, legitimate and essential with the democratic debate, of the influence on this one, which is illegitimate. The representatives of the various spiritual options are founded to speak for this reason in the public discussion, like any component of the company.
The worships and the State profit one and the other from this separation. The first are centred on their spiritual mission and find their freedom of word there. The second, free of any denominational fastener, belongs to all the citizens.
1.2.2 Guarantee of the freedom of conscience
Beyond the only neutrality of the State, the law of 1905 gives to secularity positive contents: "the Republic ensures the freedom of conscience. It guarantees the free exercise of the worships, under the only reserves of the restrictions enacted hereafter in the interest of the law and order ". By guaranteeing the free expression of each one, while getting for all the education which will forge the autonomy and the freedom of the judgement, the State registers secularity in the filiation of the humans right. It cannot be satisfied with a withdrawal of the religious and spiritual businesses.
The State could not cover with a "veil of ignorance" the spiritual or religious fact. In the relationships with the worships and the whole of the spiritual families, it takes care that all can be expressed. It thus makes it possible the weakest groups, fewer or most recent to profit from this freedom, subject to the needs for the law and order. Secularity guarantees to all the spiritual options or chocolate éclairs the legal framework favourable with this expression. Without denying the heritage of the history, in particular Greek rationalism and legacy Judeo-Christian, it enables them to find their place.
The State layman, guarantor of the freedom of conscience, in addition to the freedom of worship or expression, protége the individual; he freely makes it possible all to choose, or not, a spiritual and religious option, to change some or to give up it. It make sure that no group, no community cannot impose on whoever a membership or a denominational identity, in particular because of its origins. It protects each one and each one against any pressure, physics or morals, exerted under cover of such or such spiritual or religious regulation. The defense of the freedom of individual conscience against any proselytism comes today to supplement the concepts of separation and neutrality power stations in the law from 1905.
This requirement applies initially to the school. The pupils must be able in a climate of serenity to inform themselves and build themselves so reaching the autonomy of judgement. The State must prevent that their spirit is badgered by violence and the furies with the company: without being a sterile room, the school could not become the echo room of passions of the world, under penalty of failing in its educational mission.

If it is limited to a narrow design of neutrality compared to the religious or spiritual culture, the school contributes to the ignorance of the pupils in this field and leaves them disarmed, without intellectual tool, vis-a-vis with the pressures and the instrumentalisations of the activists politico-monk who thrive on the compost of this ignorance. To cure these deficiencies is a social urgency. In that, the school must make it possible to the pupils to exert their judgement on the religions and spirituality in general in the multiplicity of their demonstrations, including their political offices, cultural, intellectual and legal. Teaching can help with discovered revealed texts of the various traditions and to reflect on their significances, without involving itself in crowned interpretation. secularity creates a responsibility with the load for the State. To support the enrichment of the critical knowledge of the religions at the school can make it possible to equip the future citizens with a intellectual and critical formation. They can thus exert the freedom of thought and choice in the field of the beliefs.
The State layman cannot remain indifferent, since disorders with the law and order, the exercise of pressures, threats, practices racist or discriminatory, under the pretext of religious or spiritual arguments, the bases of the school sap.

In the French design, secularity is not a simple "frontier guard" who would limit himself to make respect separation between the State and the worships, the policy and the spiritual or religious sphere. The State allows the consolidation of the common values which melt the social bond in our country. Among these values, the equality enters the man and the woman, to be a recent conquest, did not take of it one important place in our right. It is an element of the republican pact of today. The State could not remain passive vis-a-vis with very reached with this principle. By doing this, secularity does not replace other spiritual or religious requirements. It reiterates only that the State defends the common values of the company from which it results. Carried by a strong vision of the citizenship which exceeds the memberships Community, denominational, or ethniques, secularity creates in the State of the obligations with regard to the citizens.
1.2.3 Shared requirement

The respect which the State with the various spiritual or religious options guarantees, the absence of intrusion of the political power, the creation of a framework favourable with the freedom of worship, the protection of the not-majority religions make it possible to require in return an effort.
History recall the effort requested in the past to the worships to adapt to the laic framework. Very reticent initially, the catholic Church feared to have very to lose. Its resignation, its acceptance and finally its adhesion with the laic framework were essential for the appeasing of our company. It was necessary for that that catholic Eglise and State use of mutual regards. The Protestant Churches played a driving part in the adoption of the law of 1905; they could however fear the constraints related to the framing of cultuelles associations. In the same way, the Jewish religious law was the subject of various adaptations starting from the Legal settlement to adapt its religious precepts to the civil law, for example with the recognition of the anteriority and the superiority of the marriage as well as divorce according to the law of the State; this "free-Judaism" made it possible to reconcile moral Jewish and civil law.
Initially, secularity asks for an effort of adaptation for any religion. When it has a universal aiming, embraces beyond like the ici-bas, it is difficult for him to agree to separate one from the other. In fact, secularity requires an effort of interpretation to reconcile the religious dogma and the laws which govern the company, would be this only to make possible the life together.
Islam, religion most recently established in France and which counts the many faithful ones, is sometimes presented like irreconcilable with secularity. However Moslem theology produced, during its most brilliant time, an innovative reflexion on the relationship between policy and religion. The most rational currents in its centre refused confusion between political power and spiritual. The Moslem culture can find in its history the resources enabling him to put up with a laic framework, just as secularity can allow the full intellectual blooming of the Islamic thought the shelter of the constraints of the capacity.
Beyond the statute of the worships, the laic requirement also requires of each one an effort on oneself. The citizen conquers by secularity the protection of his freedom of conscience; n the other hand it must respect public space that all can divide. To assert the neutrality of the State seems not very reconcilable with the posting of an aggressive proselytism, particularly in school space. To agree to adapt the public expression of its denominational characteristics and to put terminals at the assertion of its identity allows the meeting of all in public space. It is what the Inhabitants of Quebec describe as "reasonable compromises". The spirit of secularity requires this balance of the rights and the duties.
1.2.4 To live together, build a common destiny
By report/ratio with the context of 1905, the French company changed: the influence of the catholic Church is not perceived any more like a threat. Secularity is found in the heart of the republican pact in new terms.
Our country knew in one century a radical change. It became plural on the spiritual level. Formerly called "elder Girl of the Church", strong of a diversified Protestant tradition, France gathers the first Jewish community of Western Europe. During last decades, new religions developed. Islam, resulting mainly from populations originating in the Maghreb, Africa and the Middle East, is represented by the most important community of the European Union; orthodoxy is also present as well as Buddhism. France also counts a significant number of atheists, agnostics and free thinkers. In parallel, the regular religious practice moved back leaving place with an increasing autonomy of the spiritual or religious convictions. Thus France of today is it among the most diversified European countries one of. This major rupture in its history gives him also the chance to grow rich by the free dialogue between these various components.

In addition, mentalities evolved/moved. Our political philosophy was founded on the defense of the unit of the social body. This preoccupation with a uniformity overrode any expression of the difference perceived like threatening. Today diversity is sometimes presented under one day positive: respect of cultural rights is asserted by certain which regard them as an essential aspect of their identity. To preserve culture, belief, memory - reality or imaginary - seems a form of protection while taking part in a world driving of exchanges. To deny the force of the Community feeling would be useless. But the exacerbation of the cultural identity could not set up in fanaticism of the difference, carrying oppression and exclusion. Each one must be able, in a laic company, to take distance compared to the tradition. There is no disavowal of oneself but an individual movement of freedom making it possible to be defined compared to its cultural or spiritual references without being subjugated there.
From this point of view, the danger is double. The drift of the Community feeling towards a fixed communautarism threatens of fragmentation our contemporary companies. With the reverse to deny any diversity or plurality by reaffirming way incantatoire a republican pact désincarnée would be illusory. The secularity of today is put at the challenge to forge the unit while respecting the diversity of the company.
The laic framework can be the place of conciliation of this double requirement. It must give itself the means of making coexist on the same territory of the individuals who do not share the same convictions, instead of juxtaposing them in a mosaic of communities closed on themselves and mutually exclusive. It is a means of making coexist individuals who do not share the same convictions inevitably.
In this direction, secularity can be the leaven of the integration of all in the company: it balance recognition of the right to a clean identity and effort necessary to weave the individual convictions with the social bond. The training of the citizenship in our company with cultures and various origins supposes that one learns how to live together. By articulating national unit, neutrality of the Republic and recognition of diversity, secularity creates beyond the traditional communities of each one the community of affections, this whole of images, values, dreams and wills which melt the Republic.

When secularity is in crisis, the French company pains to offer a common destiny. Conversely to seek the new formulations and the concrete translations of contemporary secularity can make it possible to forge it.

Second part
Secularity with the Frenchwoman, a legal principle applied with empiricism
For essence secularity obeys a precise legal status resulting from the law of December 9, 1905 concerning the separation of the Church and the State: Republic is laic and respects all the beliefs. This principle founder rise from many legal obligations as well for the users as for the public services to start with national Education. But this legal status is far from constituting a monolithic block. It at the same time scattered, because is dispersed in many legal, and various sources, because secularity does not have same contours in Paris, Strasbourg, Cayenne or Mayotte.

2.1 a scattered legal corpus

The legal corpus as regards secularity is more reduced than than one could believe. Since the Constitution of 1946, the principle of secularity acquired a constitutional value. The article of the Constitution of 1958, showing the article 1st Constitution of 1946, affirms thus that "France is a republic indivisible, laic, democratic and social". Secularity was thus raised on the highest level of the hierarchy of the standards. But at the constitutional level, the principle of secularity was not the subject of a jurisprudence of the constitutional Council as abundant as for the freedom of conscience and opinion.
Great laws marked the legal assertion of the principle of secularity. Were already mentioned the school laws of March 28, 1882 on obligatory primary education teaching and of October 30, 1886 on the organization of primary education teaching. But the great law is that of December 9, 1905 supplemented by that of January 2, 1907 on the public exercise of the worships. Out of these texts founders, the legal corpus is made provisions disseminated in various texts of laws. Far from constituting a well ordered unit, the legal status of secularity is rather a disparate whole of texts, enacted in particular starting from the principles founders of the law of 1905, as the questions related to the law of separation emerged. In this burst puzzle, the role of the judge, and in the foreground of the Council of State, was to put order. In a field which "felt the powder", as professor Rivero, one said it very often asked him to play the part of a social regulator of secularity and to release the legal rule starting from the constitutional provisions, treaties and International Conventions as well as applicable standards - laws, general principles of the right, jurisprudence.

In the field of the international law, it is the question of the religious freedom which is in particular treated by texts the such universal Declaration of the humans right of December 10, 1948 - which besides does not have any constraining authenticity legal - Convention for the fight against discrimination in the curricular area adopted under the aegis of UNESCO, the two international Pacts of O.N.U of December 19, 1966 on the civil laws and political, on the one hand, and on the economic, social and cultural rights, on the other hand. The European Union - the current debate on the mention of the religious heritages in Convention testifies some well - does not comprise the mention of a principle of separation between the political power and the religious or spiritual authority. Nevertheless, the political construction of the European Union, which does not rest on any religious base, corresponds in practice to the requirements of secularity, even if at the European level one prefers the term of secularization to him.
As for the European Convention of the humans right and fundamental freedoms, its article 9 protects religious freedom, without however making an absolute right of it. The State can bring limits to him to triple condition which this interference is provided by the law, which it corresponds to a legitimate goal and which it is necessary in a democratic company. On the base of this article 9, the Court was brought to treat questions which relate to secularity. The approach of the Court rests on a recognition of the traditions of each country, without seeking to impose a uniform model of relations between the Church and the State. In the stop Cha' are Shalom ve Tsedek against France of June 27, 2000, the Court thus had recourse to a formula of prudence: "have regard with the margin of appreciation which it is necessary to leave in each State, in particular as regards the establishment of the delicate relationship between the Churches and the State ". The stop Refah Partisi (left prosperity) and others against Turkey of February 13, 2003 are in this respect very representative. Turkish government had prohibited Refah, party Islamic. The constitutional Court of Turkey had estimated that the political project of Refah was dangerous for the rights and freedoms guaranteed by the Turkish Constitution, of which secularity, and which it had of the real chances to apply its program if it reached the capacity. The European Court of the humans right noted that secularity held such a place in the Constitution of the Turkish State which it admitted that Refah could have been dissolved, without European Convention being violated. The national jurisdictions had thus been able to take into account the risk that this party presented for the democracy.
From this reasoning, the Court handed down some judgments on the questions of secularity, in which it affirms requirements comparable with those of French jurisprudence on questions relative as well to the public agents as with the users. Acting of the public agents, into the stop of Dahlab admissibility against Switzerland of 15 February 2001 relative to teaching of the canton of Geneva which had undergone disciplinary actions because it refused to take off the veil, the Court of Strasbourg rejected the request because prohibition to carry the scarf within the framework of an activity of primary education teaching constituted a measure necessary in a democratic company. In the Kalaç stop against Turkey of July 1, 1997, the Court also validated the marked disciplinary action against a soldier delivering himself to religious proselytism. In the connection of the users, the Court also recognized the possibility of limiting the full exercise of religious freedom. In the Karadum stop counters Turkey of May 3, 1993, the Court, after having raised the existence of a private teaching parallel with the state education, admitted the prohibition of the wearing of religious signs in the publicly-owned establishments of Turkish higher education, because of the need for protecting the women against pressures. In a Valsamis decision against Greece of July 6, 1995, it estimated that a pupil could not call upon his religious convictions to refuse to subject herself to the payment of the school. This jurisprudence shows that religious freedom thus finds limits in confrontation with the requirements of secularity.
This jurisprudence thus shows that secularity is not incompatible, in oneself, with religious freedom as protected by European Convention from safeguard from the humans right and of fundamental freedoms.

2.2 a double requirement
On the base of these texts, the principle of secularity comprises a double requirement: the neutrality of the State on the one hand, the protection of the freedom of conscience on the other hand.
2.2.1 the neutrality of the State
neutrality of the State is the first condition of secularity. France thus does not know a statute of recognized worship or not recognized. Essentially the neutrality of the State has two implications.
On the one hand, neutrality and equality go hand in hand. Devoted to article 2 of the Constitution, secularity thus forces the Republic to ensure "the equality in front of the law of all the citizens without distinction of origin, race or religion". The users must be treated in the same way which who can be their religious beliefs.
In addition, it is necessary that the administration, subjected to the political power, assures not only all of neutrality but into present also appearances so that the user cannot doubt his neutrality. It is what the Council of State called the duty of strict neutrality which is essential on any agent collaborating in a public utility (Council of State May 3, 1950 Young lady Jamet and the contentious opinion of May 3, 2000 Miss Marteaux). As much, in-outside service, the public agent is free to express its opinions and beliefs provided these demonstrations do not have effect on the service (Council of State April 28, 1958 Weiss Young lady), as much, within the framework of the service, the most strict duty of neutrality applies. All demonstration of religious convictions within the framework of the service is prohibited and the wearing of religious sign is also, even when the agents are not in liaison with the public. Even for the access to public employment, the administration can take into account the behavior of one candidate to the access to the public utility, if it is such as it reveals the inaptitude with the exercise of the functions to which they postulate in the full respect of the republican principles.
On the financial level, article 2 of the law of 1905 summarizes the implications of secularity: "the Republic does not recognize, does not pay, nor does not subsidize any worship". This article was used as base with a very strict appreciation of jurisprudence administrative on any form of subsidies, disguised or indirect, with a cultuelle organization (Council of State October 9 1992 commune of Saint-Louis), even if the administrative judge knew to spare exceptions. Thus the Council of State recognized like legitimate the inscription with the communal budget of a sum intended to pay a cultuelle ceremony for the return of died of the face (Council of State January 6 1922 commune of Perquie).
More generally, our right envisaged installations making it possible to reconcile the neutrality of the State with the practice of the religious fact. If the law of 1905 separates the Church from the State, it institutes nevertheless chaplaincies whose expenditure can be entered with the budget of the administrations, services and establishments whose requirements of operation would be likely not to ensure the respect of religious freedom. Thus is it for the armies, the colleges and colleges, the prisons, the hospitals. In addition, in order to preserve the respect of the religious conscience within the framework of a laic teaching, Jules ferry had envisaged the one day introduction vacant in more of Sunday to allow religious teaching, right taken again to the article L. 141-3 of the code of education. In the same way, if the cemeteries are laicized, the practice could take into account certain traditions of the Jewish and Moslem worships. Lastly, since the law of 1987, the gifts made with cultuelles associations profit from a more favorable tax system, which assimilates them to recognized associations of public utility.

The requirements for an absolute neutrality are thus moderated by the "reasonable compromises" making it possible each one to exert its religious freedom.
2.2.2 freedom of conscience
second legal pillar of secularity is obviously the freedom of conscience with in particular its variation in freedom of worship. On the legal level, secularity was not the instrument of a restriction of the spiritual choices on the detriment of the religions, but well the assertion of freedom of the religious and philosophical conscience of all. It is a question of reconciling the principles of the separation of the Church and the State with the protection of the freedom of thought, "even religious", of the Declaration of the rights of man and of the citizen. Essentially the legal corpus and especially administrative jurisprudence sought to guarantee the effective exercise of the worship since it does not disturb the law and order (cf in particular conclusions of the government commissioner Crow under the stop Council of State of August 10, 1907 Baldy).
It is initially the free exercise of the worship which is protected and guaranteed indeed. Since the law of 1905, the movable and real goods were restored in the State. It thus assumes the financial assumption of responsibility of it, which is not negligible acting of buildings cultuels often rather expensive to maintain. On the other hand, the buildings built since the law of separation constitute private goods built and maintained by the faithful ones, with the difficulties that that can represent in terms of financing. local communities have however the possibility of granting guarantees of loan and beams long for the financing of the construction of buildings cultuels.
So to guarantee the exercise of the worship, the law of 1905 provided that these goods would remain at the disposal of cultuelles associations which were to be made up. Calvinists, Lutherans and Jews agreed to set up these associations. Being a question of the catholic Church, it was necessary to await the compromise of 1924 so that associations diocésaines can be comparable with cultuelles associations. These associations, cultuelles or diocésaines, are formed to provide for the expenses, the maintenance and the public exercise of a worship. They can have in theory only this only object. Their obligations on the plans legal and countable are constraining. But, n the other hand, they profit from a capacity legal comparable with that of recognized associations of public utility, which in particular enables them to receive legacies or donations. One also meets associations only made up under the empire of the law of 1901 and assuming nevertheless the organization of a worship, in accordance with the provisions of the law of January 2, 1907. They can thus assume other goals, in particular cultural, social or philanthropic. On the other hand, they enjoy only one limited legal capacity and cannot receive legacy or donations. These associations of law 1901 are rare for the worship catholic or Protestant, but more current in the other confessions, in particular Jew, orthodoxe or Moslem.
For the remainder, the exercise of the worship is free. Since the law of March 28, 1907, the faithful ones meet thus without preliminary declaration. In the same way, the ringings of the bells, formerly conflict, are also authorized. Acting of the processions, the Council of State was brought to solve the question of the funeral processions; it censured the regulation of a municipality which had prohibited funerary convoys with the pretext that they undermined the neutrality of the street (Council of State February 19, 1909 Olivier Abbot). On this stop rests all the protective administrative jurisprudence of the demonstrations external of the worship in the respect of the practices and the local traditions.
But, like any public freedom, the manifestation of the freedom of conscience can be limited in the event of threats to the law and order. It is the traditional application of the mode of public freedoms. If freedom is the rule and the measurement of police force the exception, the authorities always have the possibility of taking measures limiting, under the control of proportionality exerted by the judge, the manifestation of the freedom of conscience in order to prevent threats of disorders to the law and order (Council of State May 19, 1933 Benjamin).
parallel with the rules as regards law the labour is in this respect interesting, because the same swinging between potentially contradictory requirements is found there: the protection of the freedom of conscience and will to fix the limits necessary to the good execution of the contract of employment.
The fair labor standards act is very protective personal rights and personal freedoms of the employees. The only restrictions on authorized freedoms are those which are justified by the nature of the task and are proportioned with the required goal. Thus the article L. 120-2 of the fair labor standards act it provides that "no one cannot bring to the rights of the people and the personal freedoms and collective of restrictions which would not be justified by the nature of the task to achieve nor proportioned with the required goal". The article L.122-35 of the fair labor standards act specifies that rules of procedure "cannot bring to the rights of the people and the personal freedoms and collective of the restrictions which would not be justified by the nature of the task to achieve nor proportioned with the required goal. It cannot comprise provisions injuring the employees in their employment or their work, because of their sex, their manners, of their sexual orientation, their age, of their family circumstances, their origins, their opinions or confessions, of their physical appearance, their patronym, or their handicap, with equal professional capacity ".
In addition, the fair labor standards act prohibits discriminations, in particular because of the religious convictions. The article L. 122-45 of the fair labor standards act indicates that "no person can be isolated of a procedure of recruitment or access to a training course or one period of training in company, no employee cannot be sanctioned, laid off or to be the subject of a discriminatory, direct or indirect measurement, in particular as regards remuneration, of formation, reclassification, assignment, qualification, classification, professional promotion, change or renewal of contract because of its origin, its sex, its manners, of its sexual orientation, its age, of its family circumstances, of her characteristics genetic or of its not-membership, true or supposed, with an ethnos group, a nation or a race, of its political opinions, its trade-union activities or mutualists, its religious convictions, its physical appearance, its patronym or, except inaptitude noted by the doctor of work within the framework of title IV of book II of this code, because of its its handicap or health ".
For as much, the legal judge was brought to moderate these principles in order to reconcile them with the respect of the contract of employment and his execution. Jurisprudence thus illustrated this possible conflict between professional and personal life, either when an employer judges the behavior or the attitude of paid like constitutive of a fault justifying a dismissal, or when an employee estimates that it has the right to make prevail on the substantive law some of his convictions. In theory, the behavior of paid in its personal life, out of the working time and of the place of work, cannot be retained against him by its employer. During the working time, the employee, on the other hand, is subjected to the full authority of the employer. Even if it preserves obviously rights and freedoms which concern its personal life, and to which the employer cannot carry reached without reason and in a disproportionate way (Supreme court of appeal, social room, February 18, 1998), its claims must be reconciled with the contractual obligations and the organization of work. An employee cannot thus require of his employer the respect of the demonstration of his religious convictions, in the absence of mention of the religious fact in the contract of employment, which it is a question for him of asking the refunding of allowances corresponding to lunches provided free by the employer, and which he abstained from taking for religious reasons (Supreme court of appeal, social room, February 16, 1994), to refuse to carry out its work of employee to a ray butchery owing to the fact that it is led to handle pigmeat (Supreme court of appeal, social room, March 24, 1998), or to undergo a lawful medical visit (Supreme court of appeal, social room, May 29, 1986).
Acting of the port of the veil, the only stops emanate from the stops of jurisdictions of first authority or call. It was thus judged that the refusal of a wage-earner, saleswoman in a shopping centre opened with a large audience, to give up the port of an ostentatious veil, in the absence of a simple bonnet, is a real and serious cause of dismissal (Court of Appeal of Paris, 18th room, March 16, 2001, Mrs. Charni against SA Hamon). Conversely, in the absence of any valid justification to the prohibition of the port of the veil, and whereas the wage-earner had been recruited while carrying this same veil, the dismissal of paid was cancelled as being discriminatory, within the meaning of the article L. 122-45 of the fair labor standards act (council of the prud' men December 17, 2002 Tahri against Téléperformance France).
Orientation is thus primarily that of an approach to individually. For essence, the legal judge, if it recognizes the rights which the respect of the freedom of conscience offers, takes care that these requirements are reconcilable with the good execution of the contract of employment.
2.2.3 points of tension
The difficulty of the legal translation of the principle of secularity is explained by the tension between these two poles by no means incompatible but potentially contradictory, the neutrality of the laic State and religious freedom. The articulation is delicate when the recipients of the public utility or the agents public are confronted with situations suitable for affect their religious convictions. It is more particularly the case in closed universes, where the joint life can play an important part. The tension is then strong between the requirements of a public utility supposed to remain neutral and the will of each one to affirm its spiritual convictions with complete freedom.
One interesting example is that of the army. Article 7 of the statute of the soldiers poses like principle the freedom of thought of the soldiers. But this freedom can be expressed only apart from the service. Since this condition is observed, the protection of the freedom of conscience is ensured, including in the military area. The system of the military chaplaincies thus makes it possible to facilitate religious freedom. But on the other hand, within the framework of the service, it is the absolute duty of neutrality which applies.
In the prisons, the articulation of these requirements is framed by the code of penal procedure. The spiritual assistance of the prisoners is envisaged. Minister for justice names the chaplains of the various worships after consultation of the proper religious authority. Those have the role of regularly bringing helps to the prisoners and of celebrating offices. The prisoners, as of their arrival in an establishment, are advised of this possibility. That being, the needs for the very strict maintenance of law and order justify that is subjected to a narrow control the assertion of personal freedom, through the rules of procedure and the sanction of all disciplinary faults.
In matter of hospital public utility, the nature of the potential attacks is different. A great part of the users does not have to live durably at the hospital and, in any event, the collective life remains reduced. There can be difficulties related to the assertion of the religious convictions within the framework of a public utility supposed to remain neutral. But the principal problems relate to actually the organization of the service: the taking into account of claims related to religious regulations cannot go until affecting the missions of the public utility.
In the school enclosure, the problems arise with a real acuity. In a partially closed medium, the pupils, taken charges some over a long duration, must learn and live together, in a situation where they are still fragile, prone to the influences and the external pressures. operation of the school must enable them to acquire the intellectual tools intended to ensure their critical independence in the long term. To reserve a place with the expression of the spiritual and religious convictions thus does not go from oneself.
The existence of a denominational teaching under contract of association with the State allows as fully affirms religious freedom with the taking into account of the clean character of a religion. The freedom of teaching is considered, as a fundamental principle recognized by the laws of the Republic, like a principle with constitutional value. Within this framework, it is obvious that no legal provision is opposed to the creation of Moslem schools. The relationship between the State and the private establishments of teaching, from which the clean character is also protected, is fixed by the law Debré of December 31, 1959. N the other hand of financial assistances - wages of the teachers and operating expenses - the private establishments must adopt the programs of the state education and accomodate "all the children without distinction of origin, of opinions or belief" "in the total respect of the freedom of conscience". The catch in charge trickle of the buildings deprived by public funds is possible, within the limit of 10 % permitted by the law Falloux.
In the school enclosure, except for the private educational establishments, the conciliation between freedom of conscience and requirements of the neutrality of the public utility is delicate. The business of the veil, with its media dimension, in was the symbol. When the question makes surface for the first time in 1989, the political power, vis-a-vis with an outburst of passions, prefers to seize the Council of State. The government had only asked the Council of State to say the state of the right to a given time. Of more, the context was appreciably different from that which one knows today. The Community claims and fears of calling into question of the public utility remained limited. It is in this respect revealing noting that the sasine of the Council of State did not mention the question of discriminations between the men and the women. The evolution of the terms of the debate in fifteen years makes it possible to measure the rise to power of the problem.
The assembly general of the Council of State its opinion returned on November 27, 1989. It was necessary to articulate, on the one hand, the international and national rules protecting the freedom of conscience and, on the other hand, the constitutional principle of secularity of the State. In this unit in particular the law emerged from orientation on the education of July 10 1989 which devotes to its article 10 in a very broad way the freedom of expression of the pupils. The Council of State thus could only note the assertion of a right, recognized by the legislator, with the expression of the pupils in the publicly-owned establishment. The opinion state that the principle of secularity imposes that "teaching is exempted in the respect, on the one hand, of this neutrality by the programs and the teachers, on the other hand, of the freedom of conscience of the pupils". The Council of State recognizes on this base the principle of the freedom of the pupils of carrying religious signs in the school enclosure. But it nevertheless intended to frame this right legally recognized to the expression by the inherent requirements with operation of the public utility. It thus sought to preserve the service of very called into question by reconciling right to the expression recognized by the law and respect of the requirements of the public utility. The Council of State thus posed four blocks of obligations:
1) the acts of pressure, provocation, proselytism, or propaganda are prohibited;
2) the behaviors are rejected being able to attack dignity, to the pluralism or the freedom of the pupil or of any member of the educational community like those compromising their health and their safety;
3) are excluded any disturbance from the course of the activities of teaching, the educational of the teachers and very turbid role brought to the order in the establishment or the normal operation of the service;
4) the missions reserved for the public utility of education cannot be affected by the behaviors of the pupils and in particular the contents of the programs and the obligation of assiduity.
All in all, the religious signs in oneself are thus not prohibited but they can be it if they are of an ostentatious or claiming nature. The Council of State could thus invite only to one appreciation with individually under the control of the judge.
later jurisprudence is in the prolongation of the opinion. It was marked by the difficulty which had the administration of national Education to render comprehensible these legal provisions to the level of the vice-chancellorships. That resulted in many cancellations which badly reflected the requirements at the bottom of the judge. Thus the judge had to sanction many payments which prohibited a priori the port of any religious sign (see for example Council of State November 2, 1992 Kherouaa). These cancellations were all the more badly perceived that on the bottom the sanctions could have been justified by failures with the obligations of assiduity, continuity or law and order.
That being, these cancellations should not hide the severity of the judge in other occasions. Thus a failure with the rule of assiduity is not tolerated that if there remains compatible with the achievement of the inherent tasks being studied and with the respect of the law and order within the establishment (Council of State April 14, 1995 Koen and central Consistoire of the Jews of France). The refusal to attend certain courses, like the course of physical and sporting education, is not accepted (Council of State November 27, 1996 Atouff and with the same Wissaadane date). It is possible to ask a pupil to take off his veil during a course of sporting education, to ensure the good course of the course (Council of State March 10 1995 Aoukili husband). Finally any religious demonstration within an establishment is severely sanctioned and constitutes a serious disorder with the operation of the establishment (Islamic Council of State 27 novembre1 1996 Ligue North). This jurisprudence is thus far from being laxist, contrary to the image which some strongly mediatized stops could give cancelling rules of procedure or measurements of exclusion. Whatever the comments whose it was the object, it is necessary at least to admit in the opinion of the Council of State the merit to have made it possible to face during fifteen years with an explosive situation that the legislator had not wanted to treat.
This jurisprudence however encountered three difficulties. Initially, the adoption of a step to individually supposed the possibility for the chiefs of establishment of taking responsabilities; but they were often insulated in a harsh environment. In second place, the judge did not believe to be able to enter the interpretation of the direction of the religious signs; it is an inherent limit to the intervention of the judge; it seemed impossible to him to enter the interpretation given by a religion to such or such sign. Consequently, it could not apprehend discriminations between the contrary man and woman with a fundamental principle of the Republic which the port of the veil by certain girls could cover. Lastly, in third place, jurisprudence prohibited the ostentatious signs in oneself vectors of proselytism; but, in practice, the chiefs of establishment had no possibility to trace the border between the illicit ostentatious sign and the licit not-ostentatious sign.

2.3 a European tendency

Is secularity a hexagonal characteristic? France is the only European country to have explicitly devoted secularity in its Constitution. The same term appears incidentally in the German fundamental Law whose article 7 mentions the "laic" schools; but the text itself does not have laic bases. Indeed, it is proclaimed in reference to God: "German people (...) responsible in front of God and the men". Acting of the relations between the State and the Churches, three models can be distinguished among the European Convention countries.
The first, furthest away from the French approach, corresponds to the countries recognizing a religion of State. In England, the Queen, "Supreme Governor", appoint the Archbishop of the Church Anglican. Greece mentions in its Preamble the "Holy Trinity, consubstantielle and indivisible" and devotes the Greek-orthodoxe Church like religion of State. In Finland, Protestantism Lutheran and orthodoxe Eglise are auxiliaries of the registry office. With Denmark, the Protestant Church Lutheran receives public subsidies for its activities of registry office, health and teaching.
The second model combines the separation of the Church and the State with an official statute granted to certain religions. In Germany, the recognized religions have the right to exempt a religious teaching in the schools; they perceive a share of income tax, Kirchensteuer. The Austrian system follows the same inspiration. In Luxembourg, on the legal basis of the Legal settlement napoléonien, the four religions, catholic, Protestant woman, orthodoxe and Jewish are recognized.
The third models today dominating in the European Union corresponds to a mode of simple separation between the Churches and the State. Before France, the Netherlands, since 1795, put an end to the monopoly of the reformed Church. The mode of separation, instituted in 1798, was declined in the fields of education - with an equal financing for the state education and denominational - health and social affairs. It rests on four principles comparable with those of France: the State is not involved in the contents of the religious dogma; it is not occupied of the organization of the religions; it also treats humanistic religions and philosophies; there are neither established religions nor prohibited religions. Portugal modified in 1971 the Legal settlement of 1940, which remains applicable to the only catholic Church, and adopted in 2001 a law on the religious freedom which extends to all the confessions the advantages hitherto a41dernier c-b1,e,10 c-b26 ce c-b16 c-b43,bn,84 reserved for this one: tax exemptions, role of birth registration and marriages, chaplaincies... Spain knew a comparable evolution; the Constitution of 1978 initially, then the law on the religious freedom of 1980 regulate the separation of the political power and the Churches. In 2000, Sweden puts an end to the statute of Church of State from which the Church Lutheran profited.
A tendency to the bringing together of the European modes is outlined in the direction of a separation between the Churches and the State. On the other hand, the difference is accentuated between Europe marked by an increasing secularization - what does not mean necessarily decline of the religions - and the United States, where the religion impregnates the in-depth company.
Beyond the legal aspects, the European countries know actually the same types of changes related to the sedentarisation on their confessing ground of immigrant populations of the religions hitherto not represented. France, because of the importance and the seniority of the migratory currents, was confronted there the first. The United Kingdom and Germany followed. Italy, who supports the bilateral negotiations between the State and the Churches and runs up against the absence of interlocutor representative of Islam, follows with interest the creation of the French Council of the Moslem worship.
Each State approaches this new challenge with the tradition which is his. religious claims are varied according to the cultures of each immigrant population. The majority of the European countries had chosen a Community logic. But, vis-a-vis with the rise of the tensions, the tendency is reversed today and returned towards a more voluntarist policy of integration.
In Germany, where the wars of religion were force, religious freedom - Glaubensfreiheit - is central and any excluded influence of the political power. These questions fall within the competence of Länder and not of the federal capacity. For the ten last years, the difficulties have multiplied, in particular at the school. In Bavaria, since a judgment of 1995 handed down by the constitutional court, Bundesverfassungsgericht, the crucifixes can be withdrawn from the classrooms at the request of a pupil. More recently, of the teachers asserted the right to teach while wearing the veil. The Ludin stop returned on September 24, 2003 by Bundesverfassungsgericht implicitly recognized the possibility of prohibiting, by the law, the port by teachers of religious signs. Länder of Bavaria and Bade-Wurtemberg are on the point of adopting a law in this direction prohibiting only the port of the Islamic veil by the teaching ones. Lastly, of the representatives of the Moslem community claimed the possibility of exempting, like the other confessions, of the courses of religion at the school. The movement of Milli Görüs has ensured of the lesson of this type for several years in spite of the opposition of the official organization of the Turkish Islam represented by the DITIB. This evolution runs up against two obstacles: training of the Masters and the absence of interlocutor representative of Islam.
Gradually the debate moves today towards the world of work. Recent stops of Bundesarbeitsgericht carried on the right of a road driver sikh to be capped during its working hours of a turban or on the dismissal of a wage-earner, working in the ray perfumery of a department store, which refused to take off the veil. The solutions went in the direction of a conciliation between protection of the expression of the religious convictions and respect of the contract of employment. In the public services, Community claims are expressed like the installation of nonmixed crenels for the access to the swimming pools.
The displacement of the commission in Berlin made it possible to measure that Germany was confronted with the difficulty in reconciling two requirements: the wish to grant the same rights to Islam as to the other religions and fear to open spaces of influence to a militant wing which does not conceive only Islam like a religion but like a total political project.
The Netherlands, in particular as from the years 1960, went very far on the way of the communautarism. All the social organization Dutchwoman is structured around "pillars", to which the individuals are attached, in particular according to their religious or spiritual membership. With each one of these pillars corresponds a clean organization with its hospitals, schools, clubs sporting, newspapers, trade unions... The immigrant populations were run in this mould by encouraging the Community organizations. Today, the situation of integration in the Netherlands is considered to be alarming by the government itself at the end of several evaluation reports. Certain researchers, like Herman Philipse, spoke about a tribalisation of the Netherlands - tribalisering van Nederland. The populations gather by Community districts. The pupils originating in immigration find themselves in the same qualified establishments of "black schools". This communautarization of town planning worries in a country where the concentration of the population makes control of space an essential political stake. The language Dutchwoman is not controlled. Mixing between communities is very limited, which reveals the extremely high percentage of marriages endogames. This situation nourishes tensions racial, denominational, a renewal of anti-semitism and an exacerbation of temptations extremists revealed by the phenomenon Pim Fortuyn.
At the time of displacement in the Netherlands, the commission heard members of the government who underlined their will to give up the policy followed until there. They were anxious by noting that the second even third generations are tried by Islamism, contrary with their parents. Breaking with the multiculturalism, the Dutch government wishes from now on to follow a voluntary policy of integration - Integratiesbeleid - said "shared citizenship", stipulating that the new immigrants adhere to the "values fondatrices of the company Dutchwoman".
France is not alone to know this difficult conjunction between two simultaneous phenomena: the breakdown of social integration and the change of the religious or spiritual landscape. Beyond the word secularity, the problem is common to the whole of Europe: to make their place with new religions, to manage a various company, to fight against discriminations, to promote integration and to fight the tendencies politico-chocolate éclairs extremists carrying communautarists projects. In France, similar challenges are with the measurement of an immigrant population old, important and constitutive since decades of the richness of our company. Our country is not stripped of assets: it was not committed to a communautarism pushed to the extreme; the people resulting from immigration generally have a command of the French language; finally the force of our French cultural identity can support the crucible of integration.

Secularity is the product of an alchemy between a history, a political philosophy and a personal ethics. It rests on a balance of rights and requirements. The laic principle is conceived like the guarantee of autonomy and the freedom of each one to choose to be itself. It supposes a dynamic intellectual attitude contrary to the lazy posture of the simple neutrality. It is a problem which beyond the spiritual and religious question will relate to the company in all its components. Secularity touches thus with the national identity, the cohesion of the social body, the equality between the man and the woman, with education, etc. After one century of practices and transformations of the company, the laic principle is far from to have become obsolete but it has enlightened need and to be vivified in a radically different context.
In 1905, the law of separation was conceived primarily compared to the catholic Church. The time of the secularity of combat is exceeded, leaving the place with an alleviated, admitting the importance of the religious and spiritual options, attentive secularity also to delimit shared public space. In one century, under the effect of immigration, the French company became varied, in particular in the spiritual or religious field. It is necessary to spare a place with new religions while making a success of integration. challenges changed nature and the stakes undoubtedly became at the same time more difficult to raise: how to reconcile a unit and the respect of diversity? This stake is that of a company marked by the will to see recognizing the individual options. The secularity, which is also a way of structuring the food-together, takes a new topicality. For to answer these challenges, secularity should not be on the defensive; it cannot be declined on the mode of the besieged fortress. To affirm in this context the existence of common values, one needs a secularity open and dynamic, able to constitute a gravitational and federator model. It must allow harmoniously to draw the place of the citizen and a shared public space. Secularity is not that a rule of the institutional game, it is a value founder of the republican pact, the possibility of reconciling a food together and pluralism, diversity.

Third part
The challenge of secularity
Between July and December 2003, the commission led ' a hundred public auditions and forty hearings in camera. It made the choice as well hear political leaders, religious, trade-union, administrative, associative that local councillors, heads of undertaking, chiefs of establishments, professors, directors of hospital or prison, nurses. A public discussion was organized with 220 pupils of colleges franciliens and French abroad which had worked beforehand on secularity. The commission also moved in several European countries to confront the French experiment with that of our partners. It, finally, received several hundreds of written contributions. With through its six months of existence, it had the concern of hearing the broadest range of the opinions which were expressed in this debate.
The diagnosis which follows is the fruit of this research undertaken jointly by the twenty Members of the Commission, themselves representatives of sensitivities and broadest fields of the expertises. It testifies to the challenge with which secularity is confronted today.
Vis-a-vis to a news gives social and spiritual, this one knew to answer by the assertion of the principle of equality on which it is founded. But of many unsolved questions endanger it today, like other values fondatrices of the social pact.
3.1 Of the legal equality towards the practical equality: some progress

Vis-a-vis with the new spiritual and religious diversity, the practice of secularity started to adapt. The top priority of equality between all the options represents a process of long duration, still unfinished.
3.1.1 to better take into account all the spiritual or religious convictions
Secularity is an alive practice. The authorities knew to take into account, in certain fields, the concerns and the needs lately expressed out of spiritual or religious matter. Fifteen years ago, the main part of the claims related to the creation of new places of worship, mosques, synagogues or pagodas. Today, they extend to other fields: installation of the menus of the collective restoration, respect of the requirements related to the principal religious festivals, or teaching of the religious fact. Answers were brought there while applying the law of December 9, 1905 or, when it is not concerned, while seeking "reasonable compromises".
municipalities put thus less obstacles than formerly at the construction of new places of worship. The authorizations of town planning are more easily granted. Local authorities encouraged the construction of buildings cultuels while placing at the disposal of the communal grounds within the framework of long beams or by granting guarantees of loan. practical do not converge however in this field. It is in any case clear that article 2 of the law of December 9, 1905, if it prohibits the public financing of the buildings of worship, implies by no means that their creation is blocked.
In the same way, the authorities take care to take into account the requirements related to the organization of the great religious festivals. Communal buildings are placed at the disposal of Community organizations at the time of these celebrations, like those of Aïd-el-Kebir or Kippour, to mitigate the insufficient capacity of reception of the existing places of worship. The calendar of all the religious festivals is diffused each year with the whole of the administrations and of the authorizations of absence can be granted to this occasion. Lastly, the ritual slaughter starts to be better assured.
administrations take into account, more than in the past, the food interdicts related to the religious convictions. The persons in charge for the canteens in the schools, the hospitals and the prisons take care to propose, as far as possible, of the diversified menus.
Lastly, the teaching of the religious fact, as of the whole of humanities, does not miss school apprenticeships according to new orientations' of the programs of French and history, for the classes of 6th, 5th, 2nde and 1st. It should in addition be recalled that, since IIIème République, the great questions relating to the ancient, medieval and modern religions always appeared in the programs.
3.1.2 To continue the improvements
The implementation of the principle of secularity did not make it possible yet to make up deficits of equality between believing or those and the atheists.
3.1.2.1 In the expression of the thoughts
Some parents are constrained to register their children in denominational schools, taking into account the absence of public school in their commune. Compared with the Churches, the currents being attached to the free-thought and rationalist philosophy do not have an equal access to the emissions of television of the public utility, contrary to what is done in other European countries.
3.1.2.2 In the exercise of the personal convictions
Even when the absence is compatible with the normal operation of the service, it is sometimes difficult to take one day off for Kippour, Aïd-el-Kebir or at the time of other religious festivals. In the same way, it happens that controls still are organized at the school the days of great religious festivals, depriving those which were authorized to go away from the possibility of taking part in it.
There are sufficient Moslem chaplains neither in the prisons, nor in the hospitals; there is neither in the army, nor in the school establishments. It is true that in the absence of structures of representation of Islam the administration did not have an interlocutor to propose Moslem chaplains to him.
3.1.2.3 In the respect of the funeral rites
The funerary toilet of deaths, for example in the hospitals, cannot be always ensured in the compliance with the religious rules, even when those are compatible with the needs for the law and order and the constraints of service. Lastly, it is sometimes impossible to bury deaths in accordance with the various religious traditions and in the respect of the laws of the Republic.
3.2 Public services and world of work: alarming attacks

New and increasingly many difficulties emerged. They testify that the laic requirement, in the public services, in particular at the school, and in the world of work, is weakened by claims tending to make prevail Community convictions on the general rules. The principle of secularity is put today at evil in sectors more than it not to appear. The commission is conscious that the encountered difficulties are still minority today. But they are real, strong and heralding dysfunctions, more especially as the recent and fast diffusion of these phenomena is alarming. These difficulties affect initially the public services, where they leave the disabled agents. They do not save any more the world of work.
3.2.1 Of the public services denied in their principle and blocked in their operation
Public services are, in the name of the religious convictions of some their users, sometimes of their agents, denied in their principle and blocked in their operation. Indeed, the claims to which they must face blame the equality and the continuity which melt them. If the Republic is not capable to restore their normal operation, it is thus the future even of these public services which is concerned.
Few sectors of the public action are saved by this evolution. The dysfunctions, far from limiting itself to the school, touch also hospital, prisons, law courts, equipment public or administrative services.
3.2.1.1 A the school
At the school, the port of an open religious sign - large cross, kippa or veil are already enough to disturb the quietude of the school life. But the encountered difficulties go beyond this excessively mediatized question.
Indeed, the normal course of the schooling is also deteriorated by systematic requests for absences one day of the week, or for interruption of course and examinations for a reason of prayer or fast. Behaviors disputing the teaching of whole sides of the program of history or sciences and life of the ground disorganize the training of these disciplines. Some girls resort to medical certificates unjustified to be exempted courses of physical and sporting education. Tests of examination are disturbed by the refusal of pupils of female sex to subject to the identity checks or to be heard by a male inspector. teachers or of the chiefs of establishment, with the only reason that they are women, see their authority disputed by pupils or their parents.
The access of all to the school is weakened by cases of descolarisation for religious reasons. Recourse to the postal tuition were announced. Moreover, certain schools deprived under contract accomodate only the pupils who can justify of their membership of the religion suitable for the establishment; they do not teach, in addition, the parts of the program which do not appear in conformity to them with certain aspects of their vision of the world.
All these attitudes are illegal. Even if they are not the fact that of one minority activist, they carry seriously reached to the principles which govern the public utility. This one is put at evil in its base even. These behaviors can cause reactions in return. It was thus brought back to the commission that teachers protested against the presence, in the school or the framing of a "school exit", mothers of pupils to the only reason which they carried a veil.
3.2.1.2 A the hospital
The hospital is not saved any more by this type of questionings. It had been confronted already with certain religious interdicts, such as the opposition to transfusions by witnesses of Jéhovah. More recently multiplied the refusal, by husbands or fathers, for religious reasons, to see their wives or their daughters neat or been confined by doctors of male sex. Women were thus private of péridurale. Looking after were challenged with the pretext of their supposed confession. More generally, certain religious concerns of the patients can disturb the operation of the hospital: corridors are transformed into privative places of prayer; canteens parallel with the hospital canteens are organized to serve a traditional food, with the contempt of the medical rules.
There still, the bases of the public utility are directly affected: principles of equality, continuity, respect of the medical payments and the requirements for health.
3.2.1.3 In the sector of justice
In the prisons, a great number of difficulties appeared. The law of December 9, 1905 and codes it penal procedure frame, according to the clean requirements of the penal establishments, the expression of the spiritual life and chocolate éclair of the prisoners. But in a medium where the collective pressure is very strong, of the influences are exerted on prisoners so that they are subjected to certain religious regulations. At the time of their visits, the families and friends of prisoners "are highly incited" to adopt a behaviour "religieusement correct". In this context of tension, the prison authorities can be tried, in order to maintain the order within the prison, to carry out Community regroupings. Such a solution is likely to engage a vicious circle, by reinforcing the influence of the group on the imprisoned individuals weakest.
Justice was not saved. A request for challenge of a magistrate was formed because of its supposed confession. After to be indicated, sworn bases wished to sit by posting ostentatious religious signs. , the Minister Minister of Justice for justice, was opposed so that a lawyer lends oath covered with a veil.
3.2.1.4 Behaviors which multiply
At the time of days of call for defense, of the difficulties were noted. Some girls did not want to take part in mixed courses of first aid, and stated to refuse, by principle, to carry help to men. More generally, the managers of public equipment, and in particular the communes, are solicited to offer to the users crenels of nonmixed use. This logic is dangerous and discriminatory. It in the long term opens the way with other forms of distinctions, for example, according to criteria's of nationality or ethnique membership. These behaviors weaken the public services seriously, with the detriment of all, especially of the most stripped citizens who should benefit first from it. Certain religious claims are now carried by public agents. Civils servant required to relate, to their place of work, a kippa or a veil expressing their denominational membership. Recently house physicians also expressed this will.
Such behaviors, opposites with the principle of neutrality which structure the public utility, are seriously alarming. It is necessary to be aware that they are often the fact of organized groups which test the resistance of the Republic.
3.2.2 Of the civils servant disabled vis-a-vis with these evolutions
Confronted with the phenomena which have been just described, the personnel concerned is in situation of distress. They make state of faintness and the discomfort which in them this situation causes and which prevents them from achieving their mission. They are affected morally. Teachers estimate thus that they cannot achieve their mission any more. They are reduced by it tasks of supervisors or to social workers. Hospital personnel becomes exhausted in negotiations with the users, with the detriment of the care which they should lavish in urgency.
This faintness becomes sometimes a true suffering. Auditioned people stated to have the impression to be delivered to themselves to solve these difficulties. They have the feeling which the rules are not clear, that the hierarchy brings to them only one weak support. On the ground, they are confronted with testing situations.
They victims of a "guerrilla" permanent against secularity estimate themselves. For this reason, the local level is not most relevant to develop a strategy of answer. This is why they await a support of the State, a clear and firm line.
3.2.3 a world of the work which is not saved any more
In the years 1960, the large companies had known to settle the religious questions with which they had been confronted because of the origin of their employees. They had thus arranged the menus of the collective restoration. The organization of the working time, through specific pauses, had been adapted to hold account of the period of the Ramadan. Lastly, certain companies had reserved rooms for the prayer within their establishments. It was a question of supporting the integration of foreign labour, while respecting some practise, insofar as they did not make obstacle with the good walk of the company.
The situation is different today. The companies are not confronted any more with the expression of needs, but with claims, in particular because of arrival in the world of the work of a new generation of credits. These claims, according to many heads of undertaking, exceed the limits of the "food-together".
persons in charge for companies must face wages-earner who wear the veil and refuse to tighten the hand of their male colleagues. Some employees do not recognize the authority of frameworks when it acts women.
By doing this, these claims present triple threatens. They weaken the harmony which must exist between employees, whatever their sex and their philosophical and religious convictions. They modify the relationship to the customers, that the company generally wishes impressed neutrality. Lastly, they presents risks in terms of safety in the industrial companies.

These behaviors are turned over against those which adopt them. Certain heads of undertaking point out that by the veil and the claims which are attached there, certain young women deprives itself, of themselves, any possibility of recruitment, or, if they already have a contract of employment, of any chance of promotion. Some paid refuse to reach stations of framing, not to have to organize the work of the collaborators of male sex; they are thus locked up themselves in stations subordinates. These behaviors were described "as car-discrimination".
These claims, in addition to which they affect the working procedure of the companies are thus, in many cases, an obstacle with insertion in the world of work and with the professional equality.
3.3 the social pact: sapped bases
The bases of the social pact are sapped by a Community fold more undergone than desired within relegated districts, by the threat which weighs on the personal freedoms and by the development of discriminations based on the sex or the origins.
3.3.1 a Community fold more undergone than desired
The whole of the speakers of ground auditioned by the commission made state of a social and urban context favorable to the development of logics communautarists, making take precedence the allegiance with a particular group over the membership of the Republic. This phenomenon was, until these last years, still not very perceptible in France.
Some figures illustrate the gravity of this situation. It was announced to the commission that in seven hundred districts, accomodating many nationalities, the difficulties cumulate: unemployment higher than 40%, acute problems of schooling, social descriptions three times more important than in the remainder of the territory. The inhabitants of these forsaken districts have the feeling to be victims of a social relegation which condemns them to the fold on themselves. It is in particular the case of young people. 32% population has there less than twenty years: it is to say the waste for themselves and the Republic.
In certain cases the school and the sport do not make it possible any more to fight against this fold communautarist, because they do not manage any more to provide their function of social mixing. The children of the middle class flee towards the private sector or obtain exemptions from the school chart: the schools sometimes became socially and ethniquement homogeneous. The development of sporting equipment in the heart of the districts does not allow any more confrontation of the mediums and the cultures on the grounds. The Community teams develop and do not take part any more in the competitions organized by the federations which were however the occasion of meetings. The female sporting practice is in fall sensitive in these districts. Women are excluded de facto from the stages and the swimming pools. Female or mixed clubs disappear. The little of dialogue interculturel or valorization of the cultures in a logic of exchange worsens this established fact. This whole of phenomena saps confidence in the Republic and the identification with the nation. It nourishes a Community fold more undergone than desired in many cases.
Groups communautarists politico-monk exploit this faintness social reality to mobilize militants. They develop a strategy of aggression counters individuals in order to fold them to the Community standard which they recommend. These groups act thus in the districts relegated by subjecting the most fragile populations to a permanent tension.
It goes from there thus from the pressures which are exerted on girls or young people
women so that they carry a given behaviour and respect religious precepts such as these groups interpret them, under penalty of having to be erased social and associative life.
3.3.2 Of the threats on the personal freedoms
3.3.2.1 A serious regression of the situation of the young women
" situation of the girls in the cities concerns a true drama ": by these terms, leading associative clarified that the first victims of the degradation of the social condition are the women. Another young woman, heard in camera, because of the threats whose it feared to be the object, summarized the situation as follows: "the Republic does not protect any more his/her children".
The young women find victims of a resurgence of the sexism which results by various pressures and verbal violences, psychological or physical. Young people force to them to carry covering and asexual behaviours, to lower the glance with the sight of a man; failing to conform to it, they are stigmatized like "whores". Several associations are alarmed at the increasingly frequent resignations the their adherent ones of foreign origin, which are seen prohibiting by their medium engagement in community life.
In this context, girls or women voluntarily wear the veil, but with others cover it under the constraint or the pressure. It goes from there thus from the young girls pre-teenagers on whom it port of the veil is imposed, sometimes, by violence. The girls, once veiled, can cross the stair-wells of apartment buildings and go on the public highway without fearing to be decried, even maltreated, as they were it before, naked head. The veil offers to them thus, paradoxically, the protection which the Republic should guarantee. Those which do not carry it and perceive it as a sign of inferiorisation which locks up and isolates the women are indicated like "impudic", even "inaccurate".
Young women are also victims of other forms of violences: mutilations sexual, polygamy, repudiation. The personal statute of these women always does not make it possible to be opposed to it; on the base of bilateral conventions, the right of the country of origin can be applicable for them, including the directly contrary provisions with the equality between the sexes and the basic rights. Marriages are imposed in certain communities, in particular Turkish, maghrébine, African and Pakistani. While making come from abroad the engaged couple, the families tries to avoid the autonomy and the emancipation chosen by their daughters, but also sometimes by their sons. Sometimes also, the girl "is married" at the time of holidays in the country of origin, which means the end of the schooling.
The commission can only greet the courage with which certain young women came to testify. Some agreed to be auditioned only in the condition of the closed door. One of them, which with full knowledge of the facts, had given its agreement to a public audition retransmitted on the chain Public-Senate, was, as of the following day, threatened in its city.
Elementary rights of the women today are daily ridiculed in our country. Such a situation is unacceptable.
3.3.2.2 Racist and xenophobe demonstrations
A many auditioned people insisted before the commission on the hostility express whose the object the Moslems make. These facts, which can go until profanations of tombs and violences physical, translate a form of hatred against Islam. This racism against the Moslems comes to relay the known acts of anti-maghrébin racism hitherto. In the glance of some, the people of foreign origin, that they are maghrébines or Turkish in particular, are returned and reduced to a supposed religious identity, making the dead end on all other dimensions of their cultural membership. This amalgam doubles of an assimilation between Islam and radicalism politico-monk, forgetting as well as the large majority of the Moslems confesses a faith and a belief perfectly compatible with the laws of the Republic.
3.3.2.3 rise of a new anti-semitism
The threats with secularity go hand in hand with a renewal of violence with regard to people belonging or supposed to belong to the Jewish community. This revived anti-semitism, in France or in other European countries, is poked by the images of the israélo-Palestinian conflict. Whatever the indignations caused by those, solidarity with a part with the conflict, that cannot be translated on the territory of the Republic, in acts or words. All insult, any action, any violence with character anti-semite is reprehensible and must be punished severely, in accordance with the law. In 2002, among the racist acts, violences anti-semites are for the first majority time: nearly 200 acts and more than 730 threats anti-semites were listed by the ministry for the interior.
The various representatives of the Jewish communities made share at the commission of the climate of fear in which live more and more of Jewish families. These violences are particularly present at the school. The current insult in the courses of recreation becomes "dirty feuj!"or" salts Jewish!". contained courses is sometimes disputed when the history of the Jewish community is approached, so much so that the teaching of Shoah becomes impossible about it. Children, because of their supposed religious membership, are persecuted by comrades of class. The port of the kippa to leaving the school, in the street and public transport, can be dangerous. At the time of the hearing of 220 high-school pupils by the commission, one of them declaring, without anybody it lunatic, that no Jewish pupil could carry the kippa in his college under penalty of "being immediately lynched". Vis-a-vis with these violences, pupils had "to be exfiltrés" of the public schools in which they were registered and transferred in others. In this context, the requests for inscription in the Jewish and catholic denominational schools were in clear increase with the school re-entry 2003. These threats do not weigh only on the pupils. Teachers left the state education, because of the difficulties with which they were confronted because of their patronym.
3.3.3 Of crawling discriminations
The existence of discriminations, reflection of a persistent racism, contributes to weaken secularity.
discrimination the at the time of recruitment can lead those which are victims to despair of the republican model and of the values which are dependent for him. When a candidate for a station realizes that its name or its first name constitutes an obstacle, it can only test one feeling of injustice against which it is disabled and without recourse. Is it necessary to manage from there to change first name to obtain an employment? This loss of identity, vexatious, makes doubt reality of the equality and effective respect of all the men and women. One could speak about "ceiling of glass" in connection with this invisible obstacle with the social rise, thus beginning again, for people resulting from immigration, an expression used for discriminations sexists which strike the women. If the mention or the supposed mark of an origin makes obstacle with the social and economic integration, even for the recognition with their right value of acquired competences, one should not be even astonished then that a kind of conscience "victimaire" results in developing this origin a contrario, with the mythifier by exacerbating the difference. The drift communautarist, consequently, is not far. This phenomenon is still limited but it should not be underestimated the risk if this one owed perdurer. Those which made without reserve the bet of promotion by the school and the acquisition of its knowledge believed "children of the Republic". On the labour market, they too often see the doors being closed. The same analysis applies to discriminations in the access to housing. Difficult to establish, they are nevertheless frequent. size of the principles could not be to in no case contradicted by the lowness of the practices, except opening the way with those which exploit the feelings of frustration for their intentions communautarists. Secularity cannot all. It takes advantage of at the same time rights and duties. However certain social conditions make not very credible the rights, and so badly lay out those which are victims to assume their duties. But one could not prevail oneself about it to declare the requirements of secularity illegitimate, and to give up affirming them with the pretext which exists the social injustice.

Fourth part
To affirm a firm secularity which gathers
commission considers that the principle of secularity, fruit of the history and of a training centenary, allowed France, ground cultural and spiritual diversities, to arrive to a balance which it would be useless, even dangerous to want to break. The law of 1905 must remain a base of the food together in France. Secularity must continue to make respect the freedom of conscience and the equality of all and all. This is why the emergence of new religious practices requires an application of the principle of renewed secularity.

4.1 To promote secularity and to fight against discriminations
Secularity is not a familiar concept for a number of our fellow-citizens. If it is necessary to promote secularity, this one will find its legitimacy only if the authorities and the whole of the company fight against the discriminatory practices and follow a policy in favour the equal opportunity.
4.1.1 To reaffirm and relearn the concept of secularity

4.1.1.1 To reaffirm secularity
The law of December 9, 1905 does not have to be given in building site: the framework which it defined and which remains ours today constitutes a major addition which arouses the interest of many countries, confronted with the same challenges as France.
The commission proposes the adoption of a "Charter of secularity", defining the rights and the obligations of each one. It could take again the whole of the principles enumerated in this report/ratio. This Charter, deprived of normative value, would take the shape of a guide which would be given to various occasions: handing-over of the voter registration card, initial formation of the agents of the public utility, the re-entry of the classes, the reception of the migrants - that a contract of reception and integration is signed or not - or the acquisition of nationality. The commission recommends that it is also posted in the public places concerned.
Adoption of a code of the secularity, which would gather the whole of the texts relating to secularity, was evoked. This proposal does not appear not adapted, because the texts concerned are too very few to give place to coding.
The commission estimates that the reaffirmation of secularity does not result in calling into question the particular statute of the Alsace-Moselle, to which is particularly attached the population of these three departments. An installation appears however necessary to him. Any measurement must be considered making it possible to affirm the equality of believing, the atheists and the agnostics. Practice current, which obliges the parents to carry out a specific request so that their children are exempted religious teaching, could be modified. It would be enough that a form is given at the beginning of school year to the parents, so that they answer positively or negatively this offer of course. In the same way, the commission estimates that the teaching of the Islamic religion must be proposed to the pupils, as well as that of the other religions.
The commission notes that for the departments and overseas territories any draft amendment of the particular statutes was subjected to him.
4.1.1.2 To relearn secularity
The first place of training of the republican values is and must remain the school: teachers as pupils will gain to look further into the principle of secularity. commission is pleased with creation, in the university institutes of training of Masters (IUFM), of two modules of teaching, one on the philosophy of secularity and the values of the Republic, the other on the teaching of the religious fact and the laic deontology. These modules must be generalized. The commission takes again on its account the proposal formulated by certain auditioned people: to make sign a "charter of secularity" to the teachers, at the time of their entry to the IUFM or of their first taking of.
As a principle founder of the school, secularity is a major topic of civic education. Today, secularity cannot be conceived without direct bond with the principle of equality between the sexes. The commission proposes that secularity, integrating the equality between the man and the woman, is the subject of a strong time of study and debates, for example during a "day of Marianne" which could be instituted during the international week of fight against racism.
All new school establishment must comprise on its pediment the republican triptych, and this requirement must appear in the schedule of conditions of its construction. For the existing establishments, a multiannual programme of affixing of this triptych must be implemented and be submitted to the boards of directors of the school establishments.
For many young people people, the national service was the occasion to leave their home environment and social and to be confronted with the authority. social mixing, the training of the food together, the respect of the cultural and spiritual differences within a laic framework: the school cannot with it only ensure the whole of these missions. A non-military national service could be founded to support social mixing. With defect, secularity must be reaffirmed at the time of the days of call to the preparation of defense, which have the merit to gather all the young people of the same age group.
4.1.2 To fight against social discriminations
It is on the compost of the evil food that the extremism communautarists develops: secularity has direction and of legitimacy only if the equal opportunity is ensured in any point of the territory, the various stories which melt our national community recognized and the respected multiple identities.
4.1.2.1 To fight social and urban discriminations

The term of city, at the origin of the citizenship, today became the incarnation of the loss of direction of the citizen: the ghettos exist from now on on the French ground. The commission takes note of the creation of a national agency charged to rehabilitate the zones of social relegation and very significant rise of the appropriations which accompanies it. It wishes that the policy of fight against urban discriminations be a national priority.
The future high independent authority which will be qualified with regard to all the forms of discriminations will have to modify the practices and to make evolve/move the matter behaviors in particular of direct or indirect racism and religious intolerance. The first victims are the young people who cumulate several forms of discrimination because of their ethnique membership, religious, or of their place of residence.
4.1.2.2 To remove the discriminations induced by the public policies

Paradoxically, the State did not respect yet all its obligations as regards access to the public utility of education. The preamble to the Constitution of 1946 however devoted the principle according to which "the organization of the state education, free and obligatory with all the degrees is a duty of the State". However force is to note that this constitutional obligation is not completely respected. In certain rural communes, the families are forced to provide education for their children in establishments deprived under contract of association, because of absence of public school. It is a residual situation which does not take place any more to be.
From the years 1970, at one time when the arrival of immigrant populations was regarded as temporary, France signed with Algeria, Spain, Italy, Morocco, Portugal, Serbia-Montenegro, Tunisia and Turkey of the bilateral agreements to propose a language teaching and cultures of origin (ELCO) to the children of immigration. The agreements to which these ELCO lean since are regularly renewed. However, the commission notes that on bottom of right to the difference, one slipped towards the duty of membership. This teaching concerns a logic communautarist. It is ensured by foreign teachers, remunerated by the country of origin for young people, who, them, are often of French nationality and have vocation to live in France definitively.
This device often goes against the integration of the young people resulting from immigration, the promotion of the French language, and the valorization of the teaching of Arabic, Turkish and other languages. The commission progressively recommends the progressive abolition of the ELCO with their replacement by a teaching of living languages of common right. In the primary education, this teaching could be entrusted, where necessary, with the associations approved by the State. The current situation, where the teaching of Arabic is assured very mainly within the framework coranic schools, is not satisfactory. National Education must think of the means of promoting this teaching at the school, by developing these courses of languages in particular. In addition, the commission recommends the introduction of the teaching of nonofficial foreign languages (the Berber one and Kurdish for example), following the example regional languages: 2000 pupils are registered each year with the optional test of Berber with the baccalaureat.
The French company cannot accept attacks with the equality of the sexes and co-education. The retreat of this co-education in the public places, in particular in the access to the sporting public equipment, conflicts serious with the equality. Y to make right would be to enter an unacceptable logic. The opening to the public of this equipment cannot in no case to be founded on discriminatory criteria related on the sex, but also to the religion, and a legislative provision could point out the requirement of co-education. associations taking part in the public utility of the sport must be subjected to the same rules.
But the commission insists on the need for avoiding any confusion between the community dimension and the communautarism, like between the cultural one and the cultuel. In this respect, the commission underlines the risk that there would be to lock up the populations in the only religious reference, and to limit the partnership to denominational associations, whereas associations with cultural vocation can facilitate the dialogue within the French company. The Republic does not have vocation to legitimate the existence of communities, but it can take into account religious organizations which play a decisive part like relay of secularity.
The State and its partners, associations or local communities, would gain to specify the criteria of attribution of the assistances to Community structures: yes with the financing of those which support the exchanges, the meetings, the opening on the city; not with the assistance with associations which refuse the dialogue with the remainder of the company. The priority must be given today to the equipment supporting the social mixing of the whole of the population of the same city, rather than with the equipment of district to the mitigated assessment.
Lastly, it is necessary to denounce the International Conventions which recognize polygamy or repudiation. As regards personal statute, France, as already some of its European partners do it, must make take precedence the right of the country of residence over the right of the country of origin.
4.1.2.3 To respect diversity
"A the mosque, at least, I exist!" : this exclamation in the form of warning, heard by the commission, sounds like a true failure of the policy of twenty last years integration.
It is necessary to fight the ignorance and the prejudices on the various components of the French history and on the migratory fact. The teaching of the history of slavery misses programs, and that of the history of colonization, decolonization, but also of immigration occupies an insufficient place. This lesson should hold all their place with the college and the college, in metropolis and in the departments and overseas territories. The future Center of memory of immigration for its part is intended to become a place of formation, research and debates on the migratory fact.

4.2 To make live the principles of the Republic

The public discussion began in the polemic on the port of the Islamic veil at the school. Hearings of the commission made it possible to measure logic reducing and stigmatizing with this approach, limited to a sign and within the only school framework:
- Beyond the school, it is the whole of the public utility which is confronted with difficulties in the application of the principle of secularity (health, justice, defense);
- from the ostentatious expression and proselyte to the attack with the rights of the person and public freedoms, the threats shake the whole of our legal building.
To reaffirm clear rules for all is essential in the public services.
4.2.1 To reaffirm the strict neutrality which is essential on the public agents

Since the beginning of the XXème century, the constant jurisprudence of the Council of State imposes on the public agents most strict neutrality. It has until now never been the subject of a legislative dedication. The commission estimates that it would be convenient to transcribe in the general statute of the three public office the respect of the neutrality of the service to which the civils servant and the nontitular servants of the State are held, the local authorities and their publicly-owned establishments. Without damage of the exercise of their trade-union right, they cannot express in service their ideas and convictions political, religious or philosophical. N the other hand of this obligation, the commission considers that the statute of the public agents should offer the guarantee to them that no challenge or calling into question in their connection is possible on the base of their personal convictions or their membership, real or supposed, with a religious group, political or philosophical.
These obligations of neutrality should be mentioned in the contracts concluded with the companies délégataires from public utility or those convergent with the public utility.
4.2.2 To defend the public services
4.2.2.1 The school
The question of secularity reappeared in 1989 where it was born at the XIXème century: with the school. Its mission is essential in the Republic. It transmits knowledge, forms with the critical spirit, ensures autonomy, the opening to the diversity of the cultures, and the blooming of the person, the training of the citizens as much as a professional future. It prepares thus the citizens of tomorrow brought to live together within the Republic. One such mission supposes clearly fixed common rules. First place of socialization and sometimes only place of integration and social rise, the school influences very largely the individual and collective behaviors. At the school of the Republic not simple users, but pupils intended are accomodated to become enlightened citizens. The school is thus a fundamental institution of the Republic, accomodating essentially minors subjected to compulsory education, called to live together beyond their differences. It acts of a specific space, subjected to specific rules, so that the transmission the knowledge in serenity is assured. The school should not be with the shelter of the world, but the pupils must be protected from the "fury of the world": admittedly it is not a sanctuary, but it must support a remote setting compared to the real world to allow the training of it. However in too many schools, testimonys showed that the conflicts identitaires can become a factor of violences, involve attacks with the personal freedoms and cause disorders with the law and order.
The public discussion was centered on the port of the Islamic veil by girls and more largely on the wearing of religious and political signs at the school. commission wished to recall the various standpoint expressed by the auditioned people:
- For those which carry it, the veil can have various significances. It can be a personal choice or on the contrary a constraint, particularly intolerable for young people. The port of the veil at the school is a recent phenomenon. Affirmed in the Moslem world in the decade 1970 with the emergence of movements radical politico-monks, it appears in France only starting from the end of 1980.
- For those which do not carry it, the significance of the Islamic veil stigmatizes "the pubescent girl or the woman like alone person in charge for the desire for the man", vision which contravenes basically the principle of equality between the men and the women.
- For the whole of the school community, the port of the veil causes too often suffering and division, conflict even. The visible character of a religious sign is felt by much as contrary with the mission of the school which must be a space of neutrality and a place of awakening of the critical conscience. It is also an attack with the principles and the values which the school must teach, in particular equality between the men and the women.
The commission heard the representatives of the great religions as well as leaders of associations of defense of the humans right which made share of their objections with respect to a law prohibiting the wearing of religious signs. called upon reasons are as follows: stigmatization of the Moslems, exacerbation of the feeling anti-monk, image abroad of France "liberticide", encouragement with the descolarisation and development of Moslem denominational schools. The difficulties of application facing a law were underlined. The jurisprudence of the Council of State led to a balance to which they are attached and which a law would be likely to put at evil.
Others - almost the whole of the chiefs of establishments and very many professors are convinced that it is necessary to legislate. The commission was particularly sensitive to their distress. Insufficiently equipped, they feel quite only in front of the heterogeneity of these situations and the pressure exerted by the local reports/ratios of force. They dispute official figures which minimize the difficulties encountered on the ground. They underlined the tensions caused by the claims identitaires and chocolate éclairs, the training of clans, for example, of the regroupings communautarists in the courses of recreation, or the school canteens. They express all the need for a clear framework, a standard formulated at the national level, taken and assumed by the political power and thus preceded by a debate by the national representation. The expressed request is that of a law prohibiting any wearing of visible sign, so that the chief of establishment is not confronted only with the question of determining if it is vis-a-vis with an ostentatious sign, or not.
The commission in addition auditioned of the political leaders like considerable leaders of local associations. At the sides of the teachers, they often relay the call the Help | of very many girls and women resulting from immigration living in the cities. Presented like the "silent majority", victims of pressures exerted within the family framework or the district, these young women require to be protected and that for this purpose, of the strong signs are addressed by the authorities to the islamists groups.
The commission, after having heard the positions of the ones and others, estimates that today the question is not any more the freedom of conscience, but the law and order. The context changed into a few years. The tensions and the confrontations in the establishments around religious questions became too frequent. The normal course of the lesson cannot be assured any more. Pressures are exerted on minor girls, to force them to carry a religious sign. The home environment and social imposes sometimes choices to them which are not theirs. The Republic cannot remain deaf with the cry of distress of these girls. Space school for them a place of freedom and emancipation must remain.
This is why the commission proposes to insert in a text of law carrying on secularity the following provision: "In the respect of the freedom of conscience and the clean character of the establishments deprived under contract, are prohibited in the schools, colleges and colleges the behaviours and signs expressing a religious or political affiliation. Any sanction is proportioned and taken after the pupil was invited to conform to his obligations ".
This provision inseparable from would be exposed reasons according to:"the prohibited behaviours and religious signs are the open signs, such as large cross, veils or kippa. Are not looked at as signs expressing a religious membership the discrete signs which are for example medals, small crosses, stars of David, hands of Fatimah, or small Coran."
This proposal was adopted by the commission unanimously of the present minus an abstention.
It must be included/understood like a chance given to integration. It is not a question to pose an interdict but to fix a rule of joint life. This new rule will be clarified and declined by the means of the rules of procedure and the civic course of education. The sanction should intervene only as a last resort. The current procedures of mediation and the efforts of accompaniment must be maintained, even developed, with respect to the pupils concerned and their families.
The obstacle legal of the incompatibility of a law with the European Convention of safeguard of the humans right and of fundamental freedoms, which was frequently advanced can, at the end of work of the commission, isolated being. The European Court of Strasbourg protects secularity when it is a fundamental value of the State. It admits that limits are brought to the freedom of expression in the public services, especially when it acts to protect from the minors against external pressures. As for the French constitutional judge, it admits that the law poses specific rules for the minors in order to ensure their protection. This same made judge of the need for preserving the law and order and for safeguarding the rights and the principles with constitutional value an objective which is itself with constitutional value. The law which the commission proposes in this field answers exactly these requirements.
The argument according to which the law could support the recourse to private teaching is not diriment any more. Certain Moslem parents already prefer to resort to catholic teaching so that their children profit there from a teaching of the religious values. On the other hand, other parents who withdrew their children of the public school because they underwent pressures communautarists there will be able to re-register there. Moreover, it should be stressed that the private establishments will be able to adopt, if they wish it, of the rules equivalent to those of the educational establishments public, by the means of rules of procedure in conformity with their own character.
On another plan, the commission considers that it is not acceptable that pupils withdraw from the obligation assiduity, refuse to attend certain courses, to study authors of the program or to be questioned by a professor of opposite sex. Pupils can be systematically exempted itself to go in progress a day given. The commission noted that, of the opinion of all the speakers, the exemptions of course to avoid going to the swimming pool or to the gymnasium are too often granted unduly. To put an end to these certificates kindness, it would be necessary to hold for school medicine, or, with doctors approved by the State, the possibility of delivering the medical exemptions.
Lastly, the commission is alarmed at the development of the descolarisation. The law should reaffirm the rules as regards compulsory education. The commission wishes that national education recall firmly to its services which the inscription by correspondence is of right only in exceptional circumstances. Taking into account the descolarisation of certain girls after their sixteenth year, it judges convenient that the pupils can, as from 16 years, to choose without the assent of their parents to continue their schooling beyond the lawful age, as well as a young person can choose to be French without the assent of her parents as from 16 years. In this respect, the commission proposes that are diffused at the school information relating to the possibility of acquiring French nationality as from 16 years.

4.2.2.2 In the universities
The situation of the university, although forming integral part of the public utility of education, is completely different from that of the school. Y study major people. The university must be open on the world. There is thus no question of preventing that the students can express their religious convictions there, political or philosophical. On the other hand, these demonstrations should not result in transgressing the rules of organization of the university institution. It is not acceptable that teachers are challenged according to their sex or of their supposed religion, or that lesson is blocked by principle. commission estimates desirable that the educational establishments higher take rules of procedure in this direction.
4.2.2.3 In the hospitals
At the hospital, the patients see themselves guaranteeing the free practice of their worship and the demonstration of their religious convictions. The model of Charter of the patient, proposed by the ministry as model with the establishments of health indicates thus that "a patient must be able to follow as far as possible the precepts of its religion". On the other hand, it cannot, by its behavior, to call into question the operation of the service. To refuse to be made look after by a doctor of the other sex, or to comply with the rules of hygiene and public health, is not acceptable. The legislator has, March 2002, sanctioned the rights of the patients within the hospital system of care. It should be prevented that this legislative projection exclusively does not support at the same time the development of attitudes consumerists. It could double of a translation in a law of the obligations which the patients must respect. Would be specified the respect of the medical obligations, essential rules with the correct operation of the public utility, and prohibition to challenge an agent.
hospitals encounter difficulties vis-a-vis with associations of users who behave like special interest groups politico-monk. The commission can only approve the will of the Minister for health to specify the conditions under which associations of the users of the system of health will henceforth be approved.
4.2.2.4 In the prisons
In the prisons, each prisoner must be able to benefit from a spiritual assistance. freedom of worship, in accordance with the law 1905, is particularly protected there: the religious practices are taken there into account as far as possible and the presence of compensated chaplains and counsel plays a considerable part there. The commission, anxious of the pressures, even of the acts of proselytism, as well with respect to the prisoners as their families, considers as it is essential that collective spaces are preserved of any Community appropriation. It forms the wish that are recruited Moslem chaplains.
4.2.3 In the companies
The fair labor standards act protects the personal rights and the personal freedoms of the employees. The restrictions on authorized freedoms must be justified by the nature of the task and be proportioned with the required goal. In comparison with the difficulties which certain companies encounter, the commission recommends that a legislative provision, catch after dialogue with the two sides of industry, make it possible to the head of undertaking to regulate the vestimentary behaviours and the wearing of religious signs, for requirements holding with safety, the contacts with the customers, to internal social peace.

4.2.4 To firmly sanction the racist behaviors and anti-semites
The commission, particularly made indignant by many testimonys of behaviors and matter in racist matter or anti-semite, considers that the authorities must adopt greatest firmness in this field. Certain insults become so current that the persons in charge for establishment do not enter them even more with the title of the census of the "insults in racist matter". The vulgarizing of racism and the anti-semitism to the daily newspaper is not a fate. A circular of the Minister for national education must invite the vice-chancellors, the bodies of inspection, the management staff, and all the personnel to make a priority of it.
In the same way, the commission calls the Council higher of audio-visual than vigilance with regard to the remarks made on certain radiophonic or audio-visual chains.

4.3 To respect spiritual diversity fully
Secularity constitutes the French framework in which the freedom of worship and expression of all the spiritual options is fully guaranteed. Today, France is characterized by spiritual and religious pluralism. The authorities must draw all the conclusions from them to facilitate the exercise of the various worships, without calling into question the historical place which the Christian culture and confessions in the company hold.
4.3.1 To teach the religious fact at the school
Teaching religions, elsewhere than in the certificated departments, does not have to be proposed within the framework of the laic public utility of education. In revenge, of many reasons militate in favour of a reasoned approach of the religions like facts of civilization, as could develop it the Joutard vice-chancellor since 1989 and the philosopher Régis Debray very recently. One better mutual comprehension of the various cultures and traditions of religious thoughts is essential today. The school syllabus were re-examined these last years, in order to better integrate the study of the religious fact in the lesson of French and history, that with which the commission is pleased. It does not believe in the assumption of a new matter in whole share, but bets on the development of a transverse approach of the religious phenomena, with the means in particular of new interdisciplinary pedagogies. The occasion to affirm an active secularity developing reasoned knowledge and the critical approach of the texts must be seized.
4.3.2 To develop the higher studies on Islam

It is proposed to create a national School of Islamic studies. This school would have several vocations: to develop scientific research on the companies, the thought and the culture related to the "Islamic" model of production of the companies; to offer a scientific space of expression criticizes Islam like religion, tradition of thought and cultures varied throughout the world; to contribute to the training of the Masters called to teach the religious fact on all the levels of the state education; to create a center of reading, documentation and exchange to all the citizens eager to acquire scientific information on all that touches with the insertion of Islam and the Moslems in the large currents of the contemporary thought critical and of construction of a laic space of the citizenship; to weave relations with the researchers and the teachers in the contemporary Moslem world; to set up reception facilities to the many French-speaking students who come from the Maghreb, Africa and the Middle East.
4.3.3 To implement the existing texts with regard to the chaplaincies

The commission deplores that all the worships do not profit, in the facts, of the advantages that the law as regards chaplaincies grants to them. It was already made mention of the lack of Moslem chaplains in several public services like the hospitals or the prisons. There is not general chaplain in the armies, and the soldiers of Moslem confession are sometimes taken charges some by the rabbis. The commission proposes that a Moslem general chaplain is named under the same conditions as the general chaplains of the other religions.

4.3.4 To ensure a full respect of all the convictions
4.3.4.1 To recognize the freethinking and rationalist humanisms like spiritual option with whole share
The great religions profit from a regular televised retransmission. It appears convenient to propose with the current free thinker a time crenel are equivalent, following the example current practice in Belgium. In the same way, it would be desirable that this current is represented in the various ethics committees.
More generally, it is necessary to take care that are treated in an equal way all the spiritual families, in particular on the tax level.
4.3.4.2 To take into account the religious food matter requirements
Substitutes with the pig and the fish Friday must be proposed within the framework of the collective restoration (establishments school, penitentiary, hospital, of company). However, the taking into account of the religious requirements must be compatible with the correct operation of the service, according to the principle which the Inhabitants of Quebec call "the reasonable compromise".

4.3.4.3 To take into account the religious funerary matter requirements
Secularity cannot be used as alibi with the municipal authorities to refuse that tombs are directed in the cemeteries. It is desirable that the ministry for the interior invites to the respect of the religious convictions, in particular at the time of the expiry of the funerary concessions. In connection with the religious persons in charge, the recovery of the concessions must be done under respectful conditions of the denominational requirements, with an installation of the ossuaries adapted. The communities could obtain ethics committees in order to allow a dialogue with the various religious communities, and to regulate the difficulties likely to be posed.

4.4 To take into account the most solemn festivals of the religions most represented.
There is no question of calling into question the calendar designed mainly around the catholic festivals (four the eleven public holidays, Easter and Whit Mondays having in fact a laic origin). But it is advisable to take into account that the French spiritual landscape changed into one century. The Republic would thus be honoured by recognizing the days most crowned with the two other great religions monotheists present in France, the Buddhists organizing their principal annual festival one Sunday of May. Thus at the school, the whole of the pupils would not work during the days of Kippour and Aïd-el-kébir. These two additional public holidays should be compensated. The Republic would thus mark with force its respect of the plurality of the spiritual and philosophical options and its will that this respect is divided by all the children of France.
In the world of the company, Kippour, Aïd-el-kébir, orthodoxe Christmas or Eastern Christians would be recognized like public holidays. They would be substitutable at another public holiday with the discretion of the employee. This proposal would be defined after dialogue with the two sides of industry, and by holding account of specificities of small and medium-sized undertakings. This practice of the credit of the public holiday is already current in certain countries or international organizations like the United Nations.
Conclusion

The law of December 9, 1905 affirmed the separation of the Church and the State. The laic question does not arise today any more in the same terms. In one century the French company became under the effect of various immigration on the spiritual and religious level. The stake is today of sparing their place to new religions while making a success of integration and while fighting against the instrumentalisations politico-chocolate éclairs. It is a question of reconciling the national unit and the respect of diversity. Secularity, because it makes it possible to ensure a common life, takes a new topicality. to live together is from now on in the foreground.
For that, the freedom of conscience, equality of right, and the neutrality of the political power must profit with all, whatever their spiritual options. But it is also a question for the State of reaffirming strict rules, so that this joint food in a plural company can be assured. French secularity implies today to give force to the principles which melt it, of consolidating the public services and of ensuring the respect of spiritual diversity. For that, the State must point out the obligations which are essential on the administrations, to remove the discriminating public practices, and to adopt strong and clear rules within the framework of a law on secularity.

A recall of the obligations to which the administrations are subjugated
To fight firmly against racism and the anti-semitism. To invite in this respect the administrations with greatest firmness, in particular in the sector of national education.
To make strictly comply with the rules of compulsory education and the contents of the programs.
To make secularity a major topic of the civics, on the occasion in particular of a "day of Marianne".
To better ensure the teaching of the religious fact.
To invite the administrations to envisage mets of substitution in the public canteens.
To solemnly adopt a Charter of the secularity which would be given to various occasions: handing-over of the voter registration card, initial formation of the agents of the public utility, the re-entry of the classes, the reception of the migrants - that a contract of reception and integration is signed or not - or the acquisition of nationality. The commission recommends that it is also posted in the public places concerned.
To insert secularity in the program of the days of preparation into national defense.
To invite the administrations to take into account the funerary religious requirements.

Suppression of the discriminating public practices
To encourage the destruction of the urban ghettos by the replanning of the cities.
To make possible the access to the public school in all the communes.
To give in the communes the priority to the common sporting equipment supporting social mixing.
In the Alsace-Moselle, to include Islam with the title of the religious lesson suggested and to leave open the choice follow or not a religious teaching.
To remove the Language teaching and Cultures of Origin (ELCO) and to gradually replace them by the alive language teaching. The teaching of languages nonofficial news must be considered (for example, Berber, Kurdish). To develop the training of the Arab language within the framework of national education and not in the only coranic schools.
To ensure a complete teaching of our history by integrating there slavery, colonization, the decolonization and immigration.
To rebalance the support brought to associations for the profit of the religious organizations.
To recruit Moslem chaplains in the army and the prisons.
To set up an authority of fight against discriminations.
To give to the currents free-thinkers and the humanistic rationalists an equitable access to the television broadcasts of public utility.

Adoption of a law on secularity
This law would comprise a double shutter: on the one hand, to specify the rules of operation in the public services and the companies; in addition, to ensure the spiritual diversity of our country.
a) The operation of public services
To affirm the strict respect of the principle of neutrality by all the public agents. To include obligation of neutrality of the personnel in the contracts concluded with the companies délégataires from public utility and with those convergent with the public utility. Conversely, to specify that the public agents cannot be challenged because of their sex, race, religion or thought.
Prévoir que les usagers des services publics doivent se conformer aux exigences de fonctionnement du service public.
To adopt for the school the following provision: "In the respect of the freedom of conscience and the clean character of the establishments deprived under contract, are prohibited in the schools, colleges and colleges, the behaviours and signs expressing a religious or political affiliation. Any sanction is proportioned and taken after the pupil was invited to conform to his obligations "; this provision inseparable from would be exposed reasons according to: "the prohibited behaviours and religious signs are the open signs, such as large cross, veils or kippa. Are not looked at as signs expressing a religious membership the discrete signs which are for example medals, small crosses, stars of David, hands of Fatimah, or small Coran ".
To envisage in the law on the higher education the possibility of adopting rules of procedure recalling to the students the rules related to the operation of the public utility.
To supplement the hospital law to recall to the users their obligations, in particular prohibition to challenge of the looking after personnel or the compliance with the rules of hygiene and public health.
To insert in the fair labor standards act an article so that the companies can integrate in their rules of procedure of the provisions relating to the vestimentary behaviours and the wearing of religious signs for requirements holding with safety, the contact with the customers or internal social peace.
b) The respect of spiritual diversity
To make religious festivals of Kippour and Aïd-El-Kebir of the public holidays in all the schools of the Republic. In the world of the company, to allow the employees to choose one feastday religious on their credit of public holidays.
To create a national school of Islamic studies.
The commission came to a conclusion unanimously present on the whole of the proposals and, subject to an abstention, about the proposal relating to the prohibition of the port of behaviours and religious and political signs in the educational establishments. The commission is convinced that its proposals can strengthen the existence of common values in an open and dynamic secularity able to constitute a gravitational and federator model. Secularity is not that a rule of the institutional game, it is a value founder of the republican pact making it possible to reconcile a food together and pluralism, diversity.