France and Islam, Secularism or Discrimination?

France made international headlines when on March 30th the French Senate voted in favor of an amendment to the so-called "Separatism Bill". The amendment's official purpose is to "strengthen the respect of the principles of the Republic". They include the "prohibition, in the public space, of any conspicuous religious sign by minors and of any dress or clothing which would signify an inferiorization of women over men". This means a ban on wearing the hijab for girls under the age of eighteen in public spaces (it has already been illegal for students to wear a hijab in public schools since 2004). What is more, hijabi mothers would be prohibited from accompanying school field trips, and burkinis would be banned at public swimming pools. Although the amendments still require the National Assembly's vote to become binding, they have already been called discriminatory and racist towards the Muslim community.

As mentioned above, those new laws are part of the "Separatism Bill", which was introduced in mid-February 2021 and was meant to serve as a tool in the fight against "Islamist separatism". The bill is a direct response to the beheading of teacher Samuel Paty, which happened in October 2020. After the event, President Macron gave a speech in which he stated that "Islam is a religion which is experiencing a crisis today, all over the world", and that there is a need to "free Islam in France from foreign influences". These statements caused protests and boycotts of French products by several Muslim countries. Moreover, Macron declared plans to strengthen the country's secularism and the fight against separatism. What is more, he intended to end the system which allowed imams to train abroad, limit homeschooling and take control of religious funding.

What is more, a crime bill which aims at combating online hate speech was created - the act of disseminating information about someone's private, family or professional life that makes them identifiable with the aim of endangering their life, will now be punishable up to 3 years in prison or a fine up to 45,000 euros. Restriction on receiving donations over 10,000 euros by religious groups from foreign donors was also put in place. Local authorities were authorized to temporarily close places of worship in which discrimination, hatred or violence are being promoted. Moreover, the bill contains laws meant for protecting the dignity of people and especially women. Medical practitioners would now be banned from delivering so-called "virginity certificates". The regulations also strengthen the State's position against forced marriage and polygamy. Despite Prime Minister Castex's declaration that "this legislation is not a legislation against religions, nor against the Muslim religion in particular. It is a law of emancipation in the face of religious fanatism", it is still regarded as discriminatory by many.

To truly understand the complicated relationship between religion and the State in France, we need to go back in time. Secularism has a long history in France, dating back to the Middle Ages when the French rulers wanted to gain more power over religious life in France and limit Rome's influence in the country. France became a secular state in 1905 when the act on the Separation of the Churches and the State was introduced. The bill first and foremost reassured freedom of conscience and religion as well as non-discrimination among religions. Secondly, it contained the principle of separation of religion and State – the "laïcité" - which meant the State's neutrality and lack of an official dominant religion. The bill introduced some significant changes. Most importantly, the budget for religious services was abolished, and the public establishments of worship were replaced by religious associations created by law. Since then, the rules have been modified and updated multiple times. Most recent changes include the ban on wearing headscarves in public schools (the justification for them is based on the law of religious neutrality of state institutions) established in 2004, and in 2011 France became the first country in Europe to prohibit full-face veils in public areas. It sparked controversies as many felt that this kind of legislation is disproportionally harmful to the Muslim community. It was even taken by two women to the European Court of Human Rights, but the Court ruled in favour of France, basing its decision on the French government's justification that the bill was founded on "a certain idea of living together". On the other hand, when it was brought to the United Nations Human Rights Committee, it was declared as disproportionately harmful to the right of the two women to manifest their religious beliefs and could result in "confining them to their homes, impeding their access to public services and marginalizing them".

The recent amendments, for many, are the straw that broke the camel's back. Social media campaigns have been launched against them, and people are expressing their outrage. The laws have been met with harsh criticism from feminist groups because they violate young girls' choice of what they can and cannot wear. Moreover, the ban isn't seen as helpful in the fight for women's rights and empowerment but more as depriving them of their autonomy, free will and the right to choose. What is more, if those amendments are passed by the National Assembly, the age of consent for sex will be lower than the age of consent for wearing the hijab. In the eyes of the law, girls as young as 15 possess sexual autonomy, but they are still not mature enough to express their faith. What is more, those who are opposed argue that many of the new laws regarding strengthening secularism are not in accordance with the national motto "liberté, égalité, fraternité" because the implemented policies are unfairly punishing the whole French Muslim community for the actions of extremists.

To conclude, Islam is the second biggest religion in France and Muslims make up around 8% of the population. These numbers cannot be ignored and taken lightly by the French government if they plan on strengthening security and secularism in the country. Most of the implemented laws are regarded as borderline discriminatory to the Muslim religion and traditions. What is more, it seems that even though Islam is very often the subject of French politics, Muslims are excluded from the conversation. France needs to find a way of cutting off extremist's influence and radicalization and perhaps the best way to do that is by close cooperation with those most affected by it. When it comes to laws concerning women's clothing, the argument of liberating them from religious oppression is counterproductive. Women can only be truly empowered when they have the absolute right to decide and choose for themselves without the society, traditions or government imposing rules on them on what is appropriate and what is not, whether it concerns their clothes or their behavior.