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Introduction
"Laïcité"
is a relatively new conception,accpeted in France
in its present form since 1905, and still badly
understood outside our country. Even the word
is often used in its French version, as in many
languages no litteral translation is possible.
It will therefore be useful, rather than trying
to give a precise definition, to outline and explain
the origines, the present and the future implications.
"Laïcité" has two bases
: one ethical ( a complete freedom of moral conscience
), the other legal ( the separation of churches
and religion from the state). It establishes the
difference between two distinct worlds : general
interest and individual conviction.
It has also become important to recognize "the
existence of a multitude of different cultures
"which can only grow with the European integration
of countries so different from each other. The
problem is to know how to manage these cultural
differences without losing our conception of republican
universality. Finally, the fear of losing one's
personal identity which appears with all forms
all integration (etnhic, cultural and especially
religious) sees in "laïcité",
rather than the society's choice and the possibility
of social peace, another risk of losing this identity.
"Laïcité"
is one of life's rules in a democratic society.
It imposes that all men are given, without distinction
of class, origine or denomination, the means to
be themselves, to have the freedom of choice,
to be responsible for their own maturity and masters
of their destiny.
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I. History
- French specificity
The "laïque" claim developped
mainly where to chuch, in France we mean the Catholic
Roman Church, wanted to exercise a totalitarian
power in its strictest sense, taht is to say in
all aspects of the civilian, political and economical
society, basically where religion had all the
power.
Successive desires, albeit rather vague, of political
or spiritual liberation, or both together, manifested
against this power. In the Middle-Ages it was
inside the catholic church that these movements
were born, but they were quickly classed as heretical
and rapidly overcome. The idea evolved from the
first reformers until the 18th century philosophers,
but was still associated with two different ideas
of liberation :
- Freedom of ideas taking over little by little
from obligatory beliefs;
- A society demanding political liberty.
Against which , the catholic church, led by a
papacy, holding on a temporal power not even supported
by its fundamental texts, preferred to hide behind
a complete refusal of all liberation groups. In
France, the thousand year old allegance between
the King and the Church made religious disputes
unavoidable once political disputes had started.
In this frame of mind, in the 18th century philosophers
led by "Enlightenment", led ideological
attacks on two sorts of absolutism, Royal and
Theological. The claiming for a "freedom
of thought" and the "reference to reason"
intensified this movement made famous by Condorcet.
In the 19th century, the progressive development
of the republican idea, its holding on to platform
of revolutionary liberties, of social progress,
and the freeing of sould all kinds of darkness,
brought the finishing touch to this evolution.
The separation of the church from the state could
have symbolized the achievement of an essential
step had it not been continually doubted, either
directly or indirectly by the attacks of those
who remained sure that man in incapable of fully
appreciating the effects of his total freedom
of conscience.
Though, in our history, all the big uprisings
for liberty and justice fought for "laïcité",
all the reactionnary periods saw the return of
ecclesiastical domination. The dictatorship of
Vichy of which, 50 years later, certain consequences
have not been dealt with - is the latest example.
The Renaissance,
the Reformation, the Revolution the Republic :
these different stages in th formation of the
"laïque" idea have given the 21st
century Frenchman a special place in the construction
of the new Europe. The question which is asked
of him at this moment is clear.
- Either he gives up this specificity and he abandons
eventually the enormous progress which he has
accomplished, perhaps quicker than others, over
the centuries.
-Or he is persuaded that the "laïque"
idea, far from being an obstacle to European integration,
can be a powerful help to speed up the unification.
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II. "Laïque"
values
The "laïque" humanism relies on
the principle of total freedom of conscience.
Freedom of the mind : liberation in regard to
all dogmas ; the right to believe or not to believe
in God ; autonomy of thought concerning religious,
potitical and economical constraints ; emancipation
of life styles in relation to taboos, prevailing
ideas and dogmatic rules.
"Laïcité" aims to liberate
children and adults from everything which alienates
or corrupts their minds, particularly atavistic
beliefs, prejudices, preconceived ideas, dogmas,
oppressive ideology and cultural, economical,
social, political or religious pressure. "Laïcité"
aims to develop in human nature, within th framework
of a permanent intellectual, moral and civic formation,
a critical mind along with a feeling of solidarity
and brotherhood.
The freedom of expression is the corollary to
total freedom of conscience. It is the right,
and the material possibility to speak, to write
and to distribute individual and collective thoughts.
The new technics of communication make this requirement
even more vital. However, in this field of information
and communication, more than elsewhere, there
must be a special vigilance in face of the powerful
means of manipulation and perversion of the mind.
The laïc morality which follows is simple.
It is based on the principle of mutual tolerance
and the respect of others as well as oneself.
The good is all that liberates, all that emancipate
; th evil is all that enslaves and degrades. "Laïcité
" aims in this context to give man the means
to acquire a complete lucidity and full responsibility
for his thoughts and his actions (acts founded
on the needs of social life and the promotion
of individual liberty) it is essential in the
construction of social harmony and the reinforcement
of public spiritedness. It tends to institute,
beyond ideological, community or national differences,
a human society favourable to everyones enlightenment,
a society from which all exploitation or conditioning
of man by man, all fanatical spirit, hate and
violence will be excluded.
Evidently, tolerance is a logical consequence
of the previous values, failing when social harmony
is jeopardized. Even so tolerance has no sens
if it is not mutual, and it will always be limited
by intolerance, refusal of others, racialism and
totalitarianism.
The refusal
of racialism and of segregation of all sorts is
inseparable from the "laïque" ideal.
The new society that we would like cannot simply
be a juxtaposition of communities who for better
ignore each other or for worse killl each other
groups. A society founded on peace cannot build
itself on definitive separation of cultural, linguistic,
religious, sexist or other groups. The transition
is too easy from separation to segregation, rivalry
and conflicts. Even if the separation is presented
as a vital necessity for development.
The "laïque"
ideal can in no way adapt to the idea of "separated
development" often practised in Anglo-Saxon
societies. The very principle of "positive
discrimination " could not lead to the liberation
of any group. Th only way to social development
is integration - different from assimilation -
everybody participating to a community of free
citizens with equal rights and equal duties. Th
only acceptable social groups are founded on choice,
liberty and open-mindedness.
The "laïque"
moral code finally leads to an necessary social
justice : equal rights and equal chances. Free
education, schools, the right to information and
open-mindedness are the conditions of this equality.
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III.
"Laïque" Practises - A civic and
social status
Above and beyond its principles, "laïcité"
is an attitude of which th fields of application
cover all aspects of th society.
The principle of this civic, juridical and institutional
status is simple, lt is based on a clear distinction,
for each citizen, between a public sphere and
a private sphere.
- The private sphere, personal, concerned with
total freedom of conscience, where philosophical
and metaphysical convictions, beliefs, religious
practises and community life styles are expressed.
- The public sphere, citizen, where the citizen
evolves socially, economically, politecally and
juridically.
The rules are clearly defined and based on human
rights. No group, political party, sect or church,
can claim to penetrate, or even more to turn the
functioning of th republican society to its advantage.
The separation of the church from the state is
the cornerstone of social "laïcisme".
lt admits neither exception nor modulation nor
adjustment. Its totality and its integrality are
the conditions for its existence. It is the only
way to allow everyone to believe or not to betieve
whilst freeing the churches themselves from official
relationships with the state. If the churches
want to exist, let the churchgoers fund them,
religion being a matter of personal conviction.
If the state garanties total freedom for the
cults, as for freedom of thought, it does not
favour any, neither does it favour any community,
no more financially than politically. What is
more, it's not up to th state to straighten out
relationships beetween different churches when
it doesn't recognize any. In the general scope
of its political attributions, it surveys the
exercise of individual freedom for everyone, of
public order and of social harmony between citizens.
From the moment when the state considers that
religion has become a private concern, which only
gets noticed when its demonstrations disturb public
order, in all logic, the churches cannnot claim
any advantages, any privileges or any special
treatment. Neither can they be endowed with official
status outside of the common law governing th
freedom of associations. Finally republican law
could not therefore recognize the crimes of blasphemy
or sacrilege which would inevitably lead to institutionalized
censorship.
The first "laïque" act for a country
is the independence of the state and all public
services from any religious institution or influence.
The "Laïcisation" of individual
status as of services considered essential for
the smooth running of the society, has been one
of the main aspects of the exercise for th freedom
and the equality of rights.
- Birth, life and death considered no more uniquely
from the religious angle or as joint estate, but
seen as individual freedom.
- Equality for all in the face of public services.
The possible membership of a religious, ethnie
or social group, cannot be considered as far as
the user is concemed. Officially mentioning this
membership must be considered as discriminatory.
lt seems evident that the very notion of public
service is closely linked to the practice of "laïcité".
Civil law is th only one empowered to organize
the field of civic and social life. The republican
representatives, elected or civil-servants, respect
in return during th exercise of their functions
an absolute neutrality in relation to individual
or collective practices and observe a strict obligation
of reserve.
Finally, the "laïque" and republican
school must be kept free from all interference,
either economical, denominational or ideological,
even when disguised as apparently cultural. School
is not a place for manifestations, neither for
the confrontation of differences of opinion: it
is a place where, of a common accord, all particularism
and all similar conditions are forgotten. School
must prohibit alt forms of proselytism.
All that
has been said precedently does not mean that the
republic denies all communitary adherences. In
fact they exist and they are respectable as long
as they do not question the principles of individual
liberty, human dignity and equality.
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IV. The
future - New fields of application
In a world characterized by the most profound
disruption of economical, political, social and
cultural structures that we have known for centuries,
"laïcité" appears as the
response to this fundamental question : what can
be done to remedy the anxiety, the anguish, th
indifference, the abandon of all sens of responsability,
the violence ?
In a society ever more multicultural, "laïcité"
can teach individuals to cooperate, to find a
certain understanding and harmony in their differences.
We have already described the dangers of separate
communities. We can see that nationalism is growing
again in Europe, nourished by religious and ethnical
hate. "Laïcité" is the only
idea fiable to bring back lasting peace to the
Balkans, an example amongst many.
There is still much to do, even in Europe, where
countries having political and juridical systems
approaching the French "laïc" system
or being able to evolve in this way are rare.
The Establishment logics, with regards to religion,
still largely dominate. However, some signs prompt
us to think that evolution is possible : modification
of the German nationality laws, more and more
questions are being posed, in this same country,
about taxing religion.
Even in France, the "laïc" idea
is far from being universally accepted. It must
still be defended and enlarged.
- The separation of the churches from th state
still suffers from too many intolerable geographical
restrictions (Alsace-Moselle, Guyane, TOM).
The ever more frequent juridical interventions,
notably to Settle problem linked to religious
practices (e.g. the wearing of the Islamic veil
in school), is disturbing. lt's up to the Republic
to define unitary measures and to hold by them.
Society life must not rsolve itself to be directed
by a series of jurisprudences concerning the practices
and relationships between different communities.
There is a very severe americanisation of community
life which questions the foundations of our republican
society.
- Scientific progress must be freed of all influence
from pressure groups, notably religious. General
interest and human respect must be th only context
for this progress.
- The "laïcisation" of "life
styles" (love and sexuality, death, illness)
is not finished. The liberty to choose one's way
of life, the social modes of life for couples
and families, the fundamental garanties for liberty
in this context, children's rights and dignity,
are so many fields of application for a "laïcité"
as garantor for the freedom of body and spirit.
- in the composition of moral or ethical committees
which are formed here and there, it is important
to favour in the choice of members their abilities
and not their convictions. For shouldn't th aim
of these commitees be to see that the necessary
conditions are sufficient for the exercise of
liberty and the respect of human dignity, rather
than to try to keep a false balance between rival
communities ?
- Finally,
culture and artistic creation, and also information
and communication participate to the development
of awareness which is no longer reserved for schools.
It is necessary however to permanently ensure
that no religious or dogmatic taboos and also
no economical or idealogical pressure groups can
impose the slightest limitation to liberty, even
by economically stifling the vitality of minority
groups. It is in the name of "laïcité"
that we must denounce ait forms of single-mindedness.
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By
way of a conclusion
"Laïcité" is not an outdated
idea but on the contrary a progressive idea, and
has many fields of action open before it.
"Laïcité"
has become institutuional. It has a legal framework
and its proper rules. Its rules apply to the whole
social guild and it is not the result of progresive
contracts beetwen communoties or groups. there
is, after all, only one sort of "laïcité"
which cannot be qualified : it can be either "new"
nor "plurial".
"Laïcité"
is a notion founded upon humanistic principles
built up over the years. It is an assertion with
a strong signification and value in favour of
individual liberty. It is the strongest guarantor
of civil peace. It includes a personal moral and
a social ethic. It is an action and will, even
resistance ; resistance to the tendancy to renounce,
to the confort of giving in to singlemindedness.
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