By Tanya Napolean
Introduction
The National Assembly of France enacted a controversial legislation on February 16 of 2021 to safeguard the country from the risks of what the government calls “Islamist separatist,” the latest move by the French government to bolster the country’s traditional acceptance of secularism.
The law was enacted in response to a series of Islamist assaults in France and Europe over the
previous several years, including the terrible murder of a French teacher Samuel Paty.
Samuel Paty, a middle school history teacher, was killed because he showed his students cartoons of prophet Muhammad during a class on free speech. This legislation aims to put an end to religious extremism, to redirect people away from separatism and toward progress. Making the society more safe and more secular.[1]
In today’s world, it is the first legislation that will make secularism practical and prevent religious prejudice from spreading.
Most significantly, this law reminds us that if no similar law is enacted soon in the face of religious intolerance and violence, terrible consequences may result.
What does the legislation intend to do?
The legislation will enable law enforcement authorities to rapidly apprehend someone who is promoting hate online. It will allow authorities to prosecute someone with breaking the internet hate speech legislation, which has a maximum sentence of three years in jail and a fine of €45,000. The law will make it illegal to wear the hijab in both private and official offices.
Additionally, the bill will give the government additional authority to interfere with religious entities. Religious organizations seeking governmental funding, for example, will be required to sign a promise to uphold the Republic’s principles.
If they do not follow the terms of the contract, they will be required to refund any funds they have obtained.
The legislation also intends to significantly enhance control of religious institutions, particularly in terms of funding. Religious organizations will be obliged to report any donations from outside the EU (European Union) worth more than € 10,000.
Furthermore, local governments will be given more authority to temporarily close any religious place where “the remarks that are made, the ideas or theories that are disseminated or the activities that take place: cause discrimination, hatred or violence” against individuals or groups based on their personal values and beliefs.[2]
A substantial part of the legislation outlines measures that target behavior that damages people’s “dignity,” particularly female dignity. Medical professionals, for example, will be prohibited from giving ‘virginity certifications,’ which are frequently required of females especially prior to marriage.[3]
The Act also expands the state’s ability to intervene in cases of coerced marriage and bigamy. If people are proven to be in bigamous partnerships, their residence permits in France may be revoked.
Finally, every person or institution representing the state or hired by private firms, would be expected to “ensure respect for the principles of secularism and neutrality of public service,” according to the Bill.
This implies that government agencies in charge of public places will no longer be able to separate people on the grounds of religion.
Controversies and Issues
The law has been harshly criticized by left-wing thinkers for “disempowering” the Muslim community and by Muslim leaders throughout the world as “racist” and “Islamophobic.” Opponents have expressed concern that the Bill would lead to the combination of Islam with Islamist extremism, a political movement, and will alienate French Muslims.
- The ‘Paty law’ named after Samuel Paty, emphasizes the need of safeguarding people’ identities on social media platforms.
Anyone who reveals any information about a person’s private, family, or professional life that may be used to identify him or her and puts the individual or his or her family in danger is subject to punishment under this legislation.
However, putting such a rule into practice can be problematic mainly because social media has such a broad reach, it would be unjust to penalize those who had no bad intention of endangering the person in question. This section of the legislation is problematic since it fails to offer clarification on all these concerns.
- Several sections of the law are constructed in such a way that they promote the government’s ideologies.
These measures certainly indicate that the government’s goal of combatting terrorism in the country and promoting secularism comes at the cost of offending the beliefs or faiths of a certain religious community.
- The legislation states that state funds might be granted to associations in exchange for the signature of a contract of engagement.
Given the increase of racist attitudes in the country, such a procedure might be inefficient. There is also a greater danger of Muslim organizations being placed in a disadvantaged situation, where they would have to prove that their activity is only for the protection and promotion of their own religious views, not those of Islamic radicals.[4]
- In terms of funding, the current legislation imposes additional restrictions on religious organizations.
Any foreign contribution worth more than 10,000 may be challenged by public authorities under this rule. By limiting financing, even when it is necessary for legitimate objectives, this inadvertently violates people’s freedom to publicly express their religion.
- The law abolishes homeschooling and mandates that children attend public schools. Only extreme circumstances, such as “health considerations,” will be permitted to deviate from this norm.
The right to religious liberty clearly implies that individuals have the freedom to teach their children religious/morals in accordance with their own beliefs.
This might involve a desire to homeschool children in conformity with religious traditions. As a result, this legislation violates this freedom by obliging parents to send their children to school.[5]
Conclusion
The French law’s approach to secularism is distinct in the way that it prioritizes integration and the preservation of the “France culture”.
Nevertheless, a forced interpretation of secularism is more likely to infringe on people’s right to religious freedom, especially when it attempts to regulate religious practices in the public realm. As shown by the current situation, groups who are adversely affected are more inclined to oppose such laws.
While the France legislation has certain advantages, such as prohibiting bigamy and issuing virginity certificates, these advantages are outweighed by numerous other measures that directly interfere with people’s right to religious freedom and freedom of expression.
Other discriminatory modifications have been introduced by the French Senate, which significantly restrict the exercise of religious practices in the public domain.[6]
It is extremely doubtful that the measure would benefit the French public unless certain clauses in the legislation are changed. Supporting institutional secularism is a goal that cannot be achieved at the expense of a person’s religious beliefs.
- Teacher beheaded in France after showing Mohammed cartoons, The Hindu (2020), .thehindu.com (last visited Jun 30, 2021). ↑
- Peter Yeung, France’s controversial ‘separatism’ bill: Seven things to know Aljazeera.com (2021), aljazeera.com (last visited Jun 30, 2021). ↑
- Explained: What is in France’s draft law against ‘Islamism’?, The Indian Express (2020), indianexpress.com (last visited Jun 30, 2021). ↑
- France Passes Anti-radicalism Bill That Strengthen Supervision of Mosques, Schools, News18 (2021), news18.com (last visited Jun 30, 2021). ↑
- Caldronpool.com (2021), /caldronpool.com. (last visited Jun 30, 2021). ↑
- Bakutribune Baku tribune, French Senate adopts tougher provisions to controversial bill bakutribune.com (2021), bakutribune.com (last visited Jun 30, 2021). ↑