Laïcité

Secularism (more precisely, secularism ) describes religion constitutional models, where the principle of strict separation of church and state is based.

History

The term " secularism " ( laïcité ) is a neologism coined in 1871 by the French educator and Nobel Peace Ferdinand Buisson, who campaigned for a religion-free education. It goes on the Greek term λαϊκισμός back for " layman " in the sense of "non- cleric ".

1905 in France, the law separating church and state was adopted, for the particularly the then deputy and later Prime Minister Aristide Briand had used. The impact of the Dreyfus affair led after violent clashes in France to a parliamentary majority for the new legislation. So that created by Buisson principle was first systematically applied. The concept of laïcité but was first used in the 1946 Constitution. Thus, France is a secular republic ( république laïque ).

The term more commonly used in Germany of secularism is not to be equated with secularism, as it etymologically has a different connotation, even though this is often not taken into account in the current language. While secularism ( " laïcisme " ) is at least originally emerged as a rallying cry against an anti-religious ideology, secularism includes not only the separation of religion and state and the requirement of equality and respect towards all religions and the ideological neutrality of the state. Unlike the French expression of secularism, after the primary, the state should be protected from the prestigious harmful influence of the Catholic Church, the separation of church and state - as in the U.S. - also serve above all to protect the churches from state influence and accompanied by a strong social influence of the churches.

Secular states

States that are secular by its constitution

In the following countries the term " secularism " is enshrined in the Constitution:

• Albania
• Azerbaijan (Article 7 of the Constitution of 1995)
• China
• Ecuador (Article 1 of the Constitution of 2008)
• France (Article 1 of the Constitution of 1958); Separation of church and state by an Act of 1905
• India
• Japan (Articles 20 and 89 of the Constitution of 1947, only nominally in Article 28 of the old Meiji Constitution of 1889, see State Shinto )
• Korea (South) (Article 20 of the Constitution of the Republic of Korea)
• Kosovo
• Cuba ( since 1959)
• Mexico (Article 3 of the Constitution of 1917)
• Northern Cyprus ( inter alia preamble and Article 71 of the Constitution of 1983)
• Portugal (Article 41, paragraph 4 of the Constitution of 1976)
• Czech Republic (Article 3 of the list of fundamental rights and freedoms as interpreted by the Constitutional Court twice zn (sp.. III. ÚS 136/2000, sp. Zn. Pl ÚS 6/ 02) )
• Turkey (Article 2 of the Constitution of 1924)
• Uruguay (Article 3 of the Constitution of 1964)

However, these countries have distinctive differences in the expression and implementation of secularism.

France and Portugal are the only ones their constitutional claim by, secular states of the European Union. On 9 December 1905, the so-called Loi Combes was adopted in France. This law for the separation of religion and state realized in France today still valid principle of complete separation of religion and state. Although the law was particularly true of the Catholic Church, but the other denominations were included for the sake of neutrality in this scheme. However, in Portugal and in both departments of Alsace and the Lorraine Moselle in France is incomplete implementation of secularism through agreed in concordats rights of the Roman Catholic Church.

In Turkey, secularism is interpreted as " subordination of religion to the state ," since the Islamic imams are trained by the state and this makes by the Office of Religious Affairs close substantive guidelines for their work.

Secular states and religious tradition

Many Western States are explicitly secular not according to their constitution, but practice to varying degrees, the separation of state and religion (s ), and so the neutrality of the state in religious and philosophical matters. In this sense, most countries are in Africa, America, Oceania and Europe as secular.

Catholicism accepted since the Second Vatican Council, a relative secular state and secular matters ( cf. Gaudium et Spes, 1965), but maintains its spiritual absoluteness. The Protestant or Orthodox state church is a recognition of secularism not really possible; they succeed only on the theological detour via the traditional " obedience of Christians" against any authority (Rom 13.1 EU), including the secular- democratic. The Free Churches have always rejected the state church, so endorsed, from a religious perspective, the freedom of religion, and therefore welcome the recent self-correction of the Catholic position.

Secularism in France

The effects of the French political struggle of 1905 are still being felt today in the interpretation of the term in everyday life. Two interpretations are possible: a liberal who understands the institutional separation of church and state under secularism, and a radical ( laïcard ) for which secularism is a ban on all religious activities outside a narrow, private area. While the liberal understanding of secularism is now accepted even in the Christian churches, there are numerous hardline interpretation in the ranks of the political elite up to the Parti Communiste Français, the French Communist Party. Catholicism has the ideological secularism still not recognized as the Papacy at a priority of his spiritual authority holds against the State and social order. However, the Catholic Church has waived since the Second Vatican Council consciously political special rights and privileges in the state and no longer represents today the concept of a state religion, which was recently abolished in Italy (1984).

In today's French understanding of secularism has become a political ideal that has the principles of neutrality of the state towards the religions, their equal treatment and freedom of religion to the destination. Secularism is a constitutional principle. Religion is exclusively a private matter, and it follows that religion not only does not state, but also a public function has. Applying this principle, the entire church property was built in 1905 nationalized without compensation, of which those parts which " serve the cult", can be left to the individual faith communities to use. France does not recognize religious organizations, although their existence to, but they do not receive government subsidies; However, there are tax benefits. This does not include the Alsace and the Moselle department that did not belong at the time of the Act of 1905 to France and its inhabitants defended themselves after returning in 1919 to the acquisition of the French legislation. In Overseas Territory French Guiana staff of the Catholic Church will be paid by the state. The institutional chaplaincy ( " aumôneries " ) is also excluded from the prohibition on state funding of religion, which draws attention to the realization of freedom of religion (Article 1, Section 2 of the Separation Law of 1905 ). This includes the military chaplaincy, which was initially restricted to Catholic, Protestant and Jewish chaplains. In 2005, she was complemented by an Islamic military chaplaincy.

Secularism is practiced strictly in France. The state considers it a duty to protect its citizens against religious practices that are contrary to public order or the rights of the individual. In French public schools, it is forbidden to ask a teacher or student according to their religion. However, in addition there is a firmly established, broad-based private school system, particularly the " enseignement catholique ". Pastor can not simultaneously work for public companies. France considers the religious views of citizens as a purely private matter; There are no official statistics on the religious affiliation of the population. This has, among other things means that it segregation or discrimination in the labor market are in the current political debate in France no reliable figures. Since 2004 it is also forbidden to carry prominent religious symbols in schools, such as veil, dump, crosses, turbans (for Sikhs ) or habit. On the other hand, transfer the state-owned channel France 2 (TV ) as well as France Culture (Radio ) Sunday church services and devotions.

The former French president Nicolas Sarkozy, the state and religions proposed in various speeches and in his book, a redefinition of French secularism, which he calls open or positive secularism. Thus, the religions are to be put into the public responsibility to prevent and to fundamentalism. In the still open discussion of the underlined also by personal behavior repositioning Sarkozy is strongly criticized by secular organizations.

Secularism in Turkey

Several other countries, the French model as a model, in particular Turkey took under Atatürk. With the far-reaching changes in the time of Atatürk secularism became a state goal. Secularism as part of Kemalism is enshrined today in the Turkish Constitution. Had the new state initially worked massive anti-religious - as pilgrimages to Mecca were banned and a religious studies was not possible from 1933 to 1948. In fact, the state of the ( Sunni Islamic ) religion has taken possession and attempts to domesticate by the state religious authority, Diyanet. Over time, the concept of secularism has hardened in Turkey. In the time of Ataturk, it was still customary to wear a headscarf. Later, secularism has been interpreted to mean that at the state level such visualization of the religion is frowned upon. So it was frowned upon to plead as a politician in public to his religion. In February 2008, the Parliament had prevailed on the initiative of the ACP by constitutional amendment a share of the headscarf for female students. The change was made ​​four months later by the Constitutional Court reversed. Thus, women who wear headscarves, initially continue to be excluded from a university. In autumn 2010, the Supreme University Council of Turkey lifted the ban on headscarves at universities. Religious minorities in Turkey must continue to expect repression today.

A closure case against the AKP has been requested by the Attorney General Abdurrahman Yalçınkaya On March 14, 2008. The reason given was that the AKP was a " center of anti- secular activities." The process was handled by the Constitutional Court of Turkey. The Attorney General asked for 71 people, a policy prohibiting, among which were the Turkish President Abdullah Gul, the Turkish prime minister and chairman of the AKP Recep Tayyip Erdoğan and former Parliament Speaker Bülent Arınç. While in court voted six of the eleven judges for a closure of the AKP, the necessary number of seven judges was not achieved in short supply. The state financial support for the party was canceled. The opposition CHP continues in its program for a consistent secularism one.