E/CN.4/2006/5/Add.4 page 9 IV. LEGAL FRAMEWORK AND THE PRINCIPLE OF SEPARATION OF CHURCH AND STATE IN FRANCE A. The Law on the Separation of Church and State of 1905 29. The French Constitution guarantees freedom of religion. According to its article 2, “France is an indivisible, secular, democratic, and social Republic. It ensures the equality of all citizens before the law, without distinction as to origin, race, or religion. It respects all beliefs.” Furthermore, article 77 (3) of the Constitution guarantees the principle of equality: “All citizens shall be equal before the law, regardless of their origin, race or religion. They shall have the same duties.” 30. The Law on the Separation of Church and State (loi concernant la séparation des Eglises et de l’Etat) of 9 December 1905, which is the primary piece of legislation relevant to the issue of religion, provides for the separation of powers of the State and the Church.2 This law removes the principle of recognized religions and stipulates that the State does not subsidize any religion. This rule is the object of many exceptions, the main one being that the principle is not applicable to most overseas territories3 or, for historical reasons, the three districts of Alsace-Moselle, where the main religions are subsidized and their clergy are salaried. 31. The 1905 law also guarantees freedom of religion as it makes provisions for France to ensure freedom of conscience and guarantee the free practise of religions. 32. This law is also the foundation of the principle referred to by the French as laïcité,4 which governs the place of religions in the country and maintains a totally secular public sector. While the word laïcité is sometimes perceived as a symbol of opposition to religion, many of the Special Rapporteur’s interlocutors stressed that the principle had evolved over time5 and that it encompassed freedom of religion or belief, while at the same preventing it from influencing the public sphere. 33. Other interlocutors consider that the context of France today is dramatically different from the one of 1905, with dozens of different religious communities and that France ought to further develop the concept of laïcité to better suit the increasing religious pluralism. According to them, Government policies should therefore be adapted accordingly. 34. In this context, some are of the opinion that the law needs to be interpreted widely enough to accommodate both collective and individual rights to freedom of religion or belief. However, the law has acquired a very special status and therefore proposals for revision or reform have met a lot of resistance. Nevertheless, the law has been interpreted over time, including for conciliatory purposes in a mutual agreement between France and the Holy See in 1923-1924. 35. Religions do not have to register but may register as a “1905 association” (association of worship which are exempt of tax but which are limited to religious activities) or a “1901 association” (cultural association which is not tax exempt but may engage in non-profit commercial activities).