France

In France, the dominant religion is Catholicism but the state is strongly secular. Freedom of religion or belief is supported but its importance is secondary to the freedom and rights of all citizens and public order and morality. France suffered two terrorist attacks in 2015: first in January against the offices of satirical magazine Charlie Hebdo supposedly in response to the magazine “insulting Islam,” and a Jewish supermarket; second in November coordinated attacks by ISIS against indiscriminate targets across Paris.

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
Anomalous discrimination by local or provincial authorities, or overseas territories
Some concerns about political or media freedoms, not specific to the non-religious
No formal discrimination in education
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Constitution and government
Anomalous discrimination by local or provincial authorities, or overseas territories
Education and children’s rights
No formal discrimination in education
Family, community, society, religious courts and tribunals
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Freedom of expression advocacy of humanist values
Some concerns about political or media freedoms, not specific to the non-religious
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Mostly Satisfactory
Free and Equal
More information about rating table

Constitution and government

The French Constitution[ref]http://www2.assemblee-nationale.fr/langues/welcome-to-the-english-website-of-the-french-national-assembly[/ref] was adopted in 1958 declaring France a secular state and guaranteeing religious freedom and equality. Article 1 states,

“France shall be an indivisible, secular, democratic and social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs.”

The Constitution and other laws, including the 1905 “Law on the Separation of the Churches and the State,”[ref]https://www.legislationline.org/download/id/8554/file/France_law_separating_church_from_state_1905_am2020_fr.pdf; https://museeprotestant.org/en/notice/the-law-of-1905/[/ref] ensure state secularism (laїcité) and protect freedom of religion or belief. The Constitution also guarantees the rights to freedom of expression, association and assembly, and the government generally respects these rights in practice. As the guarantor of freedom of religion or belief, the state must ensure that everyone can practice their religion.[ref]france.fr/en/institutions-and-values/secularism-and-religious-freedom.html; https://www.vie-publique.fr/questions-reponses/283648-laicite-les-relations-entre-letat-et-les-representants-des-cultes[/ref]

The French secular state maintains relations with religious institutions. Within the Ministry of the Interior, the central office for religions is responsible for relations with religious authorities. The government maintains a dialogue with the relevant representatives to ensure that religious practices are undertaken in accordance with Republican laws. For instance, religious authorities were consulted during the COVID-19 crisis to define the health protocol in places of worship.[ref]https://www.vie-publique.fr/questions-reponses/283648-laicite-les-relations-entre-letat-et-les-representants-des-cultes[/ref] The Inter-ministerial Committee on Secularism, under the direction of the French Prime Minister, also ensures the application of secularism through analyses, research, and recommendations. The President of the Republic habitually presents his or her wishes to the religious authorities each year.[ref]https://www.fonction-publique.gouv.fr/lobservatoire-de-la-laicite[/ref]

However, a 2020 bill “strengthening the respect for the principles of the Republic,”[ref]https://www.assemblee-nationale.fr/dyn/15/textes/l15b3649_projet-loi[/ref] has faced criticism and has been denounced by civil society organizations and religious leaders as rolling back the rights to freedom of worship and freedom of opinion.[ref]https://www.amnesty.org/en/documents/eur21/3912/2021/en/; https://www.france24.com/fr/france/20210330-projet-de-loi-contre-le-s%C3%A9paratisme-un-texte-liberticide-pour-les-associations[/ref] Purportedly aimed at reducing radical Islamism and separatism in France, the bill imposes more control on the neutrality of public services, the transparency of organizations and their financing, and other issues such as homeschooling or polygamy.[ref]https://journals.openedition.org/revdh/11241[/ref] However, some of the principles included in the bill are argued to leave too much room for interpretation and risk “undermining fundamental freedoms such as freedom of worship, association, education, and even freedom of opinion,” according to the President of the Conference of Bishops of France, the President of the Protestant Federation of France, and the President of the Assembly of Orthodox Bishops of France.[ref]https://www.france24.com/fr/france/20210330-projet-de-loi-contre-le-s%C3%A9paratisme-un-texte-liberticide-pour-les-associations[/ref]

Local exceptions

There are some exceptions to the policy of strict secularism. Notably, the law of 1905 does not completely apply to all French regions and territories.[ref]https://www.diplomatie.gouv.fr/en/coming-to-france/france-facts/secularism-and-religious-freedom-in-france-63815/article/secularism-and-religious-freedom-in-france#sommaire_4[/ref] Because the regions of Alsace and Lorraine (now known as Alsace-Moselle) were part of the German Empire during the passage of the 1905 law, members of Catholic, Lutheran, Calvinist, and Jewish groups there may choose to allocate a portion of their income tax to their religious group. Local governments may also provide financial support for building religious edifices.

The French Overseas Departments and Territories, which include island territories in the Atlantic, Caribbean, Pacific, and Indian oceans, are also not subject to the 1905 law and may provide funding for religious groups within their territories.[ref]https://www.gouvernement.fr/sites/default/files/contenu/piece-jointe/2014/07/note_dorientation_de_lobservatoire_de_la_laicite_3.pdf[/ref] French Guiana, which is governed under the colonial laws of Charles X, may provide subsidies to the Catholic Church.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/france/; https://www.conseil-constitutionnel.fr/sites/default/files/as/root/bank_mm/decisions/2017633qpc/2017633qpc_ccc.pdf [/ref]

The French government maintains all the Roman Catholic churches built before 1905, however they are under the ownership of the French government. No other religious buildings are maintained in this way.

Use of religious symbols

In accordance with the principle of state secularism, civil servants are prohibited from displaying religious symbols in the exercise of their profession. Although sparking many debates amongst French politics, neutrality has not been imposed for civilians using public services, but the full veil – niqab – has been prohibited in public spaces since 2010.[ref]https://www.leparisien.fr/elections/presidentielle/le-labo-de-la-presidentielle-peut-on-imposer-une-laicite-totale-sans-aucun-signe-religieux-dans-lespace-public-11-03-2022-KZBW4RNGRVAPVD2UJAYIZ35Q44.php[/ref] In 2019, French senators also adopted a bill forbidding the wearing of religious symbols by parents accompanying school trips.[ref]https://www.middleeasteye.net/fr/en-bref/discriminations-envers-les-musulmans-de-france-lenquete-choc[/ref]

Education & Children’s rights

Free and secular education is guaranteed by the French Constitution. The preamble to the French Constitution specifies that “the organization of free and secular compulsory public education at all levels is a duty of the State.” Public education must respect the principle of neutrality; staff cannot display religious characteristics in the exercise of their function, there is no religious instruction, and proselytism is strictly prohibited. Religious education has been part of the school curriculum since 1986, but is provided within the framework of existing school subjects that teach “the key elements of the history of ideas, religious facts and conviction.” However, in line with the freedom of conscience, public education has the duty to respect and protect the free exercise by students of their religious obligations.[ref]https://eurel.info/spip.php?article920[/ref]

Private schools are authorized in France, but remain regulated by the State.[ref]https://eurel.info/spip.php?article920[/ref] Amongst the 12,500 private establishments in France schooling 2 million children, more than 80% are state-subsidized. To receive state funding, they have to welcome children without distinction of origin, opinion or belief and provide education in accordance with the rules and programs of public education.[ref]https://eurel.info/spip.php?article920[/ref] They can provide religious education in addition to the national curriculum, but it must remain optional for children. Private schools without state contract are free to choose their curriculum, but are under the control of the government for health and safety issues, respect for public morals and teachers’ diplomas.[ref]https://www.enseignement-prive.info/ecoles-colleges-lycees[/ref]

Family, community and society

Some religious restrictions

In 2010, France banned the wearing of the face-veil (niqab) in public, along with other face coverings, explained in terms of maintaining social cohesion and disempowering potential terrorists.[ref]https://www.20minutes.fr/societe/2629379-20191016-dit-loi-port-voile-espace-public[/ref] In July 2014, the European Court of Human Rights ruled that it was within the margin of freedom under European human rights legislation.[ref]https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-4809142-5861661%22]}[/ref] The ruling was widely condemned by human rights monitors.[ref]https://www.hrw.org/news/2014/07/03/france-face-veil-ruling-undermines-rights; https://www.amnesty.org/en/latest/news/2014/07/european-court-ruling-full-face-veils-punishes-women-expressing-their-religion/[/ref] The French government has also prohibited or limited the activities of religious groups considered to be cults, such as Scientology and Jehovah’s Witnesses.[ref]https://www.jw.org/en/news/legal/by-region/france/jehovah-witness-facts/; https://www.state.gov/reports/2020-report-on-international-religious-freedom/france/ [/ref]

Discrimination and violence against religious minorities, particularly Muslims, is a persistent phenomenon in France and has increased in the recent years, notably after the 2015 terrorist attacks and the during the COVID-19 pandemic.[ref]https://www.lexpress.fr/actualite/societe/islamophobie_1640167.html[/ref] In a survey published in 2019, 40% of French Muslims testified to having experienced racist behavior in the past five years.[ref]https://www.leparisien.fr/societe/le-racisme-anti-musulmans-en-france-le-grand-malaise-05-11-2019-8187135.php[/ref] A 2022 study conducted by the Institut français d’opinion publique (IFOP) also revealed that “68% of French people of Jewish faith or culture say that they have already been teased and harassed and 20% say they have been victims of physical aggression at least once in their life.”[ref]https://www.fondapol.org/app/uploads/2022/01/fondapol-etude-radiographie-de-lantisemitisme-en-france-edition-2022-01-3-1.pdf[/ref]

Freedom of expression, advocacy of humanist values

Freedom of expression is guaranteed under the French Constitution, but journalists have recently been victims of police violence during protests, including injuries by rubber bullets and tear gas canisters, while others have had their equipment taken.[ref]https://rsf.org/fr/france[/ref]

Freedom of press and media independence are also threatened by the vertical concentration of information, as a group of 10 billionaires controls 81% of the circulation of national dailies, 95 % of that of generalist national weeklies, 57% audience share in TV and 47% audience share in radio.[ref]https://www.liberation.fr/checknews/est-il-vrai-que-90-des-grands-medias-appartiennent-a-neuf-milliardaires-20220227_7J3H2INMD5GOPBN7YJ77C33KRY/[/ref]

Freedom of assembly

The right of peaceful assembly is guaranteed by law in France. Any assembly must have been authorized by public authorities at least 48 hours in advance, requiring organizers to give their contact details and the information about the assembly. Since the “Gilets Jaunes” protests in 2018/2019 and the unusual violence from the protesters and the police, the right of assembly has become a sensitive topic in France. The Law Enforcement Commission of Enquiry has released its recommendations on protest policing, including the prohibition of the use of rubber bullets.[ref]https://www.lepoint.fr/societe/vers-l-interdiction-du-lbd-lors-des-manifestations-25-01-2021-2411031_23.php[/ref] To increase the efficiency of protest policing, the French government attempted to pass a law forbidding the public diffusion of images of the police in 2020. After the controversial text sparked numerous protests across France, the government modified the law, and the reformed version was voted in 2021.[ref]https://www.lemonde.fr/societe/article/2021/04/15/les-principaux-articles-de-la-loi-securite-globale-definitivement-adoptee-par-l-assemblee-nationale_6076884_3224.html[/ref] Notably, the strict restrictions during the COVID-19 crisis have sparked renewed criticism of restrictions placed on freedom of assembly, as only religious organizations were allowed to gather.[ref]https://www.rightofassembly.info/country/france#:~:text=Article%2011%20governs%20freedom%20of,the%20protection%20of%20his%20interests[/ref]