Critique of the Religious Coverage Ban as Human Rights in France
Document Type : Original Article
Author
Associate Professor Faculty of Islamic Education and Law, Imam Sadiq University, Tehran, Iran
Abstract
The adoption of the French Law Banning Religious Symbols in Public Schools in 15 March of 2004 is a movement provided the passing of the similar laws in other European countries. The main question of this article is whether it is possible to aggregate this legislation with the other rules and principles governing the French political system?
It seems the answer to this question is negative from three aspects obtained by the critical analysis of the following statements. The first aspect is the comparison of this legislation with the other internal laws of France like the Declaration of Rights of Man and Citizen in 26 Aug of 1789 and The Constitutions of 1946 and 1958 in one hand, and the international binding regulations of France on the other hand in which this country has been as the effective countries in some of them like the Human Rights Declaration in 1948. The second aspect is the fundamental principles of the French political system namely the democracy and laicité which their doctrines and main elements such as freedom of belief and its ineffectiveness in political and social dispositions aren’t simply aggregated with this law. The third aspect is human rights in the general sense and beyond the laws and regulations which are restricted by this law. On the whole, it seems that the root of this law and similar behaviors are nothing but a phenomenon known as Islamophobia.
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