I. Historical Background
Religion has always been a subject highly influenced by historical events like the French Revolution in 1789. Significant for the relation between State and Religion is the Law of 1905, which established the principle of “French laïcité”.
II. Social Facts
In France there exists a catholic tradition. Almost 80 % of the French people are catholic. The second strongest religion is the Islam with 6 million adherents. Other religious groups are Protestants with 750,000, Jews with 600,000 and Orthodox with about 200,000 adherents.
Catholic Churches are organised in diocese associations. The Protestant Churches are organised in an “associative” structure. The Jewish are structured similar with a central consistory seating in Paris. Among Islamic unities there exist various backgrounds and nationalities. In 2002 the mosques elected a French Council of the Muslim Cult (CFCM) and regional councils. Orthodox dioceses are organised either on ethnic or national basis and guided by the International Committee acting in the name of the Patriarch of Constantinople.
III. Basic Categories of the System
Due to the principle of laicism there exists no relation between State and religion or the religious communities. The legislator of 1905 intended to make religion a private matter. Nevertheless representatives of the major religious communities are consulted in great social debates, especially in questions of ethics. An exception of “French laïcité” exists in three departments in the East of France. Due to historic reasons the law of 1905 does not apply. There for instance the clergy of the cults are remunerated publicly and religious education is offered in public schools. Also there exist exceptions to the application of the principle of laicism in the over sea territories, namely Réunion, Martinique, Guadeloupe and French Guyana.
IV. Cultural and social exercise of functions
The freedom of education is a constitutional principle guaranteed since the Constitution of 1848 in Art. 9. Nearly 18 % of all pupils are educated in private schools. 90 % of private institutions are Catholic; 10 % are Protestant, Jewish and non-confessional. Private education became totally recognised by the loi Debré (1959). Private Schools can conclude contracts with the State, which is often practised. Due to historical origins the public school system is secular, except in three départements in the East of France. Primary schools offer “moral and civic” lessons; therefore pupils do not have classes on Wednesday, so that parents are able to arrange a religious education for their children, if they wish to. Secondary Schools can install a church teacher if the pupils’ parents wish so. In Alsace-Lorraine religious education is a regularly part of the curriculum in public schools as well as in primary schools and in secondary schools. Parents have the choice, if they want their children to take part in religious education. The teachers for religious education are paid by the State.
The Churches have their own press departments. The Catholic Church has various press publications, such as dailies (La Croix), weeklies (La Vie, Temoignage Chrétien) and specialist publishing houses (Bayard Press). Secular media give a hearing to churchmen, too. “Le jour de Seigneur” [the day of the Lord] is a telecast established after the Second Word War; every Sunday there are programmes devoted to the several principal religions in France.
V. Legal foundations
The principle of “French laïcité” is basically established in the law of 1905: a strict separation between State and Religion. Due to this law the freedom of the exercise of religion is guaranteed. But none of the religions is officially recognised. The Constitution of 1958 does not expressively comprehend a regulation concerning Churches. Due the “bloc de constitutionalité” the freedom of belief is guaranteed in the Declaration of the Rights of Man and of the Citizen of 1789 and in the preamble of the Constitution of 1946. Due to the law of 1905 religion is part of private domain and consequently submitted under private law. Therefore the Church is financed through private funds.
In France a civil marriage is obligatory first when a religious ceremony is desired. Divorce is governed by the law of 1975. French law and Canon law exist independent from each other and treat this matter differently. Concerning internal family life, the judge respects the principles of freedom of conscience. Regarding the religious education of children, parents are obliged to decide in accordance (Art. 371-2 C.civ.).