FRENCH LAW ON MUSLIM VEIL WEARING IN PUBLIC SCHOOLS Cover Image

ЗАКОН О ЗАБРАНИ ВЕЛА У ФРАНЦУСКИМ ДРЖАВНИМ ШКОЛАМА - СОЦИЛОШКО-НОРМАТИВНА АНАЛИЗА
FRENCH LAW ON MUSLIM VEIL WEARING IN PUBLIC SCHOOLS

Author(s): Marko Božić
Subject(s): Human Rights and Humanitarian Law, State/Government and Education, Evaluation research, Sociology of Education, Sociology of Religion, Sociology of Law
Published by: Српско социолошко друштво
Keywords: France; laicité; islam; hijab; Statute of 2004; religious freedom;

Summary/Abstract: Combining normative analysis of a legal text with a study of a wider social and historical context, this paper tries to prove that the French Law of 15th March 2004, which forbids displaying of religious symbols, and most of all, the Muslim veil in public schools, does not represent a continuation, but a break up with a liberal-democratic tradition of protection of religious rights of the Fifth Republic. The aforementioned legislation radically changes the idea of profane, which is, religiously neutral country, as there is a value itself that is being created out of laicité - an instrumental principle of protection of the freedom of religion, whose protection requires a limitation of the religious freedom. In order to understand the motives of the French legislator, it is necessary to accompany the normative analysis of laws with an observation of a wider social context in which the mentioned problem occurs.

  • Issue Year: 46/2012
  • Issue No: 4
  • Page Range: 535-559
  • Page Count: 25
  • Language: Serbian