The Conflicts of Secularism and Freedom of Expression in France

 by Sophie Haworth

The tripartite motto, ‘Liberté, Egalité, Fraternité’, contains integral and ingrained values of French society. Integral too, is the principle of laïcité, translating roughly to the principle of state secularism. However, there is an increasingly obvious conflict between the French commitment and vigorous protection of ‘la liberté d’expression’ (freedom of expression/speech) and their commitment to not officially recognise religions. 

This problem exists due to a clash in a 1905 Law on the separation of church and state; Article 1 ensures the freedom of thought (and thus expression), whilst Article 2 writes that the state does not recognise nor condone religion. In short, this means that there are no protections for religious minorities, as well as effectively undermining the principle of freedom of expression by facilitating and seemingly justifying the banning of religious symbols and imagery under Article 2. This legislatory contradiction is yet to be settled in France, and has caused a variety of problems and controversies for the government and French citizens. Especially prevalent in recent years has been the justification of specifically islamophobic legislation, condoned and allowed through the idea of laïcité.

For example, in 2004 the French National Assembly passed a law banning religious symbols in schools, including the Jewish Kippah, obvious crucifixes and most controversially, the hijab. With current talks of the expansion of this legislation into university settings, it presents a clear contradiction between laïcité and liberté d’expression. There can be no freedom of expression with this version of secularism, which prevents the public presence of religion in French society. The overruling power of laïcité has translated to a more prevalent suspicion and hatred of Muslims, including a substantial increase of 53% of reported hate crimes against Muslims in 2020. Furthermore, as this viewpoint against religious symbols, which overwhelmingly affects the Islamic community, becomes more prevalent and entrenched within French society, increasing numbers of French people support the banning of hijabs and niqabs in their entirety, with the most recent poll at 83% approval. This imminent and increasingly substantial threat to the very principle of freedom of expression clearly demonstrates the unsustainable conflict between the two beliefs, and the increasing tendency for laïcité to prevail over la liberté d’expression.

This more evident dominance of laïcité has recently presented itself through an expansion of the refusal to provide an alternative menu in schools on day when pork is served, particularly and explicitly targeting muslim students in the name of laïcité. This is particularly controversial, as the French cantines are known for their high quality food and catering for food allergies, and provides an obvious reminder of the vulnerability for laïcité to be manipulated into an Islamaphobic policy. 

"Talking about secularism becomes a way of claiming a white and Christian France, where everyone shares the same culture and the same mores. A way of saying that we do not want Muslims.” - Francois Dubet, French sociologist

This idea is further enforced by the reality of laïcité in France: that is, it only applies to non-Christian religions. The presence and acceptance of Christianity in state affairs and general day-to-day life is hard to ignore; out of the 11 annual bank holidays in France, six have (Catholic) Christian origins (the remaining are four marking historical events, one is New Year’s Day). The stark contrast between the application of laïcité between the various religions was recently exposed by the Federation Française de Football’s refusal to allow fasting Muslim players to break their Ramadan fasts during matches. This lack of recognition of such a vital Islamic period is in a striking contrast from their other European counterparts, such as Britain and the Premier League which had allowed such flexibility. Additionally, a recent Conseil d’Etat (Council of the State) decision ruled to overturn a previous ban of the use of Christian imagery (des crèches de Noël - translated as nativity scenes) in public locations. This decision is directly at odds with such disapproval and refusal to allow Muslim events/traditions in a public setting. With official events on the Christian calendar continuing to be officially marked in France, it is hard to argue that the lack of extension of this policy to other religions represents an even and just policy.

“If secularism means separating religion and affairs of state, then, equally, the state should not interfere in religious affairs.” - Gaol, M., from ‘Let’s Talk About: The problem of laïcité in France’

A poignant and no doubt famous example of the staunch French commitment to la liberté d’expression was the events following the extremists attacks on the editorial offices of the satirical newspaper, Charlie Hebdo. The publication itself is known for its steadfast commitment to this principle, and they do not shy away from including controversial cartoons of religious characters such as the Prophet Mohammed. The publication of these images is seemingly what triggered the terrorist attacks in January 2015, in which 12 individuals died. This triggered the #jesuischarlie (I am Charlie) movement, in which French people came out in support of this constitutional right to freedom of speech and expression, exposing the continued importance of this value within French society. These attacks signified the ongoing debates between la liberté d’expression and laïcité, and the increasingly unavoidable conflict they create.

Overall, it is evident to see that the problem of secularism and the right to freedom of expression are increasingly at odds with each other. The evolution of laïcité into a hypocritical principle predominantly affecting Muslims whilst simultaneously entrenching the rights of Christians emphasises its fundamental issues. Freedom of expression is a human right, enshrined in Article 19 of the UN declaration. France’s insistence on laïcité is a continual and growing threat to this principle; if you cannot freely express your religion (through clothing or otherwise) you do not truly possess the right to liberté d’expression. Stripping this right from French people in the name of laïcité creates precedence for condoning discriminatory (and specifically Islamaphobic) behaviour. This growing trend is a worrying phenomenon, and a reminder of the importance of the continual fight against intolerance and for the protection of individual rights and freedoms.

References

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Gaol, Mayela Machribie Lumban. “Let's Talk About: The problem of laïcité in France – The Daily Free Press.” The Daily Free Press, 28 October 2021, https://dailyfreepress.com/2021/10/28/lets-talk-about-the-problem-of-laicite-in-france/. Accessed 25 April 2023.

Honore, Lionel, and Hugo Gaillard. “Football et ramadan : « Dans les organisations privées, quelle que soit leur forme juridique, c’est la liberté de conviction et de manifester ses convictions qui prime ».” Le Monde, 14 April 2023, https://www.lemonde.fr/idees/article/2023/04/14/football-et-ramadan-dans-les-organisations-privees-quelle-que-soit-leur-forme-juridique-c-est-la-liberte-de-conviction-et-de-manifester-ses-convictions-qui-prime_6169491_3232.html. Accessed 25 April 2023.

Kelly, Michael. “France's laïcité: why the rest of the world struggles to understand it.” The Conversation, 20 November 2020, https://theconversation.com/frances-la-cite-why-the-rest-of-the-world-struggles-to-understand-it-149943. Accessed 27 April 2023.

Le Monde Politique. “Laïcité en France.” Le monde politique, 2023, https://www.lemondepolitique.fr/culture/laicite-en-france. Accessed 25 April 2023.