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Laïcité and Freedom of Conscience in Pluricultural France

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Abstract

The first theoretical definition of French laïcité was given by philosopher Ferdinand Buisson. In 1882 an important secular law was passed, establishing that the state schools had to become religiously neutral. According to Buisson, laïcité is the result of a historical process in which the public institutions freed themselves from the power of religion. In France, the decisive factor in this process was the “Declaration of the Rights of Man and of the Citizen.” As a result, the idea has prevailed of a “secular State, neutral toward all religions, independent from all clerics, free from all theological conceptions.” That secular state makes possible “the equality of all French in front of the law, the freedom of all religions…and the civil rights guaranteed without religious conditions.”1

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... Freedom of conscience is located halfway between freedom of thought and freedom of religion. Jean Baubérot (2014) argued that freedom of thought gives the individual tools and intellectual mechanisms that allow them to apply their conscience and to freely exercise their choices regarding sentimental and religious convictions. Meanwhile, freedom of conscience refers to the right of an individual to crystallize their convictions, including religious convictions and faith or lack thereof, in full freedom and independence, allowing them to embrace the religion of their choice or choose not to recognize any religion without being vulnerable to punishment or exclusion and without detracting from citizenship. ...
... Laïcité would agree with the Church's formula only in its second step-subsidizing of Church buildings by the state-and then only if they became state property. More generally, Laïcité removes religion from the public sphere (Bauberot 2014), or introduces a "Rigid Control Model" (Drury 2017, p. 11); no such idea is indicated in the Catholic Church's adaptation to Modernity. ...
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